By Mikayla van Loon
A Lilydale brewery has won at VCAT getting the refusal of its beer garden overturned.
Hop Hen Brewing, located on Beresford Road, had been granted use of part of the common land to establish a beer garden under the planning permission exemptions during the pandemic.
In July last year, the brewing company was advised by Yarra Ranges Council it would have to shut down the outdoor patronage area, with a provision due to expire in October 2024.
Starting a petition, owners Mike and Jodie Leonard received an outpouring of community support, gaining 6258 signatures.
“This space helped us navigate restrictions, ensuring our customers could gather safely,” the petition read.
“Losing our Beer Garden will have a direct impact on the sense of community our local brewery has worked so hard to create.”
Mr Leonard said the decision to allow the beer garden to stay came as “such a relief” after more than a year of uncertainty.
“It’s a really massive decision for us and we couldn’t be happier,” he said.
“We’re really thankful to our community for their support, all our patrons, our wonderful customers. Personally I’m thankful to my staff, who’ve been right on board and behind this the whole way.”
The micro-brewery, which operates out of an industrial estate, was first granted a permit in September 2018 to use the factory it resides in for the manufacturing, sale and consumption of liquor, as well as a reduction in car parking spaces and up to 85 patrons at any given time.
What makes Hop Hen Brewing somewhat unique for the area, Mr Leonard said, is the idea of tasting the product at the source.
“There’s really nothing like it in this area where you can enjoy the product on site where it’s made. That’s the whole point of it.
“We understand that bars and lots of places have outdoor venues but we’re not a bar or a tavern.”
In November 2020, Yarra Ranges Council accepted the use of the factory’s loading zone as an outdoor seating area for the brewery to be used after normal trading hours, consisting of approximately five tables and associated seating.
In the VCAT proceedings the council stated the size of the outdoor area was “inappropriate in scale for the manufacturing sales use” and was “contrary to the purposes of the Industrial 1 Zone”.
“Continued incursion of retail aspects into the industrial fabric erodes the characteristics of this area and creates land use conflicts, primarily during the day operations,” the council said.
Hop Hen Brewing rebutted stating the outdoor area was an “entirely appropriate use and addition for the business as has been demonstrated by the fact it has successfully operated for approximately 3.5 years without any adverse impact to any other land use”.
The brewers also said in their submission to VCAT that the Cavehill Gardens Industrial Estate Owners Corporation had supported the continuation of the space.
In making his decision, VCAT member Peter Gaschk said he did not agree with evidence given by the council relating to the planning framework, in which the council said given the classification of the zone and intended use, a permit was required.
“I do not agree with the council. Its submission appears to refer to the Scheme provisions as they existed when the permit was originally issued. Since that time the Scheme has been amended,” Mr Gaschk said.
“The existing planning permit authorises the use of the subject land for this purpose and no further permission is required for this use to continue to operate.”
The issue of reduced car parking space was also brought into discussion, with the council arguing that the outdoor area was in fact an extension of floor area by 35sqm, which would require an additional 1.5 car parking spaces.
Hop Hen said however, there was no change to “the permitted micro-brewery or manufacturing sales uses and does not seek an increase to patron numbers” already issued in the existing permit.
“The applicant says it is simply seeking to extend the area where liquor is allowed to be consumed or supplied under the licence, including the specification of patron numbers allowable in this outdoor area and specifying operating times for this area by amended permit conditions,” the VCAT report reads.
Mr Gaschk said he supported Hop Hen in this question of car parking requirements.
“My inspections of the estate confirmed that there were vacant car spaces available for use near the review site during the periods outside the normal industry business hours associated with the micro-brewery,” he said.
Reviewing the hours of operation for outdoors as part of a permit condition, Mr Gaschk said he would amend the preferred hours submitted by Hop Hen to allow operation to commence at 4pm and close at 9pm Wednesday to Friday, while Saturdays would be able to open at midday but “for consistency” a closing time of 9pm was issued.
Mr Leonard said changing the hours of outside operation was a compromise he and the team were willing to abide by if it meant the beer garden could remain.
“It’s a minor change, we’ll take it. We can manage that, we’re just happy it’s here,” he said.
To satisfy some of the council’s concerns regarding patronage, Mr Gaschk amended a condition to only allow a maximum of 20 patrons in the outdoor area.
“This will reflect and is based on the seating associated with the four tables shown in the amended site plan provided by the applicant,” he said.
“With these amendments to address the outside patron area number, I am satisfied the surrounding amenity impacts and physical setting of the outdoor area will be appropriately managed.”
The permit conditions actioned, Mr Gaschk saw no reason to refuse the use of the loading area for outdoor seating purposes and granted Hop Hen Brewing with the ability to do so.
Taking to social media, Hop Hen thanked the community for its ongoing support and were extremely grateful to be able to continue operating outdoors.
“For months, we poured our hearts and souls into making this dream a reality, and every step of the journey was made sweeter by your incredible support,” the post read.
“You showed up, cheered us on, and shared in the excitement as we crafted a space for all—fur babies, bike riders, and pizza lovers alike.
“We can’t wait to welcome you back to enjoy our delicious pizzas alongside the finest brews in town. So gather your friends, bring your pets, and let’s create more amazing memories together in our sunny oasis.”
