Bellingdale Farm vote

By Jonathon Howard

TWEED SHIRE Councillors will consider the future of a business at 47 Hindmarsh Road, Nunderi, at their first meeting for the year on Thursday, February 2.

Council received an application in November last year from the venue, known as Bellingdale Farm, seeking approval for a $300,000 expansion of the existing restaurant and for works undertaken without consent on the site.

Council has recommended the application be refused and has raised a range of issues including the size of the proposed business.

Council’s report notes that development consent was issued for the establishment of a restaurant, cafeteria and gallery (craft shop) inside the existing buildings back in April 1988.

“Following unauthorised works on the site, and complaints in relation to the unauthorised use of the site dating back to November 2020, the applicant has been subject to investigation/compliance action,” council’s report reads.

“This compliance matter is currently the subject of Land and Environmental Court proceedings relating to the appeal of a Development Control Order dated 19 August 2022 regarding the use of the property as a wedding/function venue.”

The owners, Donna and John Spedding, provided The Weekly with a statement, but said court appeals restricted what they could say.

“At all times, even prior to purchasing the property, we have, in good faith, followed advice regarding the approved uses for the property,” the couple said.

“We have always been excited to welcome locals and beyond back to this amazing tourist facility that has hosted thousands of people each week to its restaurant, accommodation and tourist offerings, and has won major awards for significant local attraction, best restaurant and best retail.

“It is disappointing, despite positive meetings with Council, that this is now subject to a Land and Environment Court Appeal, so we are unable to comment any further.”

Council’s report said the applicant has sought to remedy the compliance issues but also hope to “expand restaurant operations” on the site.

The works include expanding the venue to have a total gross floor area (GFA) of 820 square metres, with a nominated capacity of 153 guests.

“Approval is also sought for the use of works undertaken without consent including excavation north and northwest of the existing gallery, stairs to the first floor and various other internal and external changes,” council’s report reads.

The proposed hours of operation are from 9am to 10pm from Sunday to Thursday, and 9am to 10.30pm on Fridays and Saturdays.

Council’s report noted the site is zoned RU2 Rural Landscape where a restaurant is permitted with consent.

“However, as set out in the report, concern is raised that the proposed operation of the premises with a GFA of 820.38sqm, a nominated capacity of 153 guests/patrons, two bars and a dance floor area is more akin to a function centre which is prohibited in this zone,” council’s report states.

“The applicant was requested (via legal channels) to confirm if the application sought to include the hosting of weddings

Bellingdale Farm is a business in Nunderi that's keen to expand

(and other similar functions) as part of the proposal. No written response was received.”

Council’s report revealed some local support for the application which was advertised for a period of 14 days from November 30, 2022.

A total of 13 submissions were received after the advertising period with nine of those in support of the application and four opposed.

Those residents who spoke in support of the application highlighted a lack of high-quality restaurants in the Tweed, ability of the premises to attract people who will spend money in the Tweed, and associated employment and training opportunities it would create.

Noise was highlighted by those opposed to the expansion, as well as adverse impact on neighbouring residents, unreasonable hours of operation, unauthorised works, and unauthorised use of the premises as a wedding venue/function centre which Council’s report noted is prohibited in the rural zone.

Councillors are set to discuss and vote on the matter.