The operators of the popular Terella Brewing at North Arm have started a fundraising campaign to help with legal costs as they fight to keep the venue from closing.
The brewery launched a Planning and Environment Court appeal in June after it was issued with an enforcement notice by Sunshine Coast Council in May that could force it to close.
Brewery co-founders Brandt Bamford and Ash Thompson have also been ordered to appear in Maroochydore Magistrates Court on September 11 for alleged breaches of the Planning Act.
The GoFundMe campaign, which was started by Terella, outlines why they need more funding.
“Defending simultaneous court actions is brutally expensive and time-sensitive, so we are asking for your support to fight on,” it says.
“Without community help, legal costs alone could end us before our case is properly heard. Your support enables us to participate fully and fairly, and to keep our staff employed.”
Since it started on Monday, the campaign has raised more than $17,000. It has a goal of $200,000.
In a statement to Sunshine Coast News, council CEO John Baker said its compliance measures were about ensuring businesses followed the rules.
“This is not about shutting down the brewery. It’s about fairness and safety,” he said.
“Every business – big or small – must operate with the right approvals so neighbours, visitors and the environment are protected.
“We’ve provided ample opportunity to regularise the use. Enforcement is a last resort, but we will apply the same rules to everyone.”
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The council first approved a development application in 2016 for intensive horticulture at the 27.68-hectare site at 196 Bunya Road.
Terella submitted a material change of use application on October 17 last year for a food and drink outlet, function facility, market, medium impact industry (brewery and production of alcoholic beverages up to 200,000 tonnes), outdoor sport and recreation (outdoor cinema) and tourist attraction (petting zoo). That followed a council show-cause notice being issued on October 15.
The council issued a request for further information about the application in March, with several extensions being agreed to, but on August 26 the council denied an August 21 request from Terella for another 20 business days to respond.
The show-cause notice from October 15 outlined that the council received a complaint in October 2023 concerning excessive alcohol consumption, noise and light nuisance, excessive vehicle numbers and private functions. Further complaints regarding noise and traffic were received in July and August 2024.
A council review in November 2023 identified activities on the site that required development permits, including large public events, building additions, extra outdoor seating and an internal road network and parking.
The May 8 enforcement notice from council stated “the present use of the land by Terella Brewing is unlawful and is of a scale, intensity and frequency that may result or is likely to result in risks to health and safety (and/or) environmental nuisance or harm”.
“An inspection by an authorised person on October 12, 2024, observed the subject property being used for an event, specifically Oktoberfest, which was advertised on the Terella Brewing website,” it says.
The notice said all events at Terella must stop by June 30, with the production of alcohol and serving of food and drinks to cease by July 31.
The Planning and Environment Court appeal is currently listed for review on October 24.
On August 8 a draft order by Judge Gary Long said the council had until September 17 to file its submissions, including an outline what relief it is seeking from the court. Terella then has until October 17 to file any objections.
In a statement to Sunshine Coast News, Mr Bamford and Mr Thompson said they had seen “an overwhelming outpouring of support” since launching the fundraiser.
“We are two locals, not pub barons or developers, who built a family-friendly brewery on the Sunshine Coast from scratch,” they said.
“At a time when 47 Australian breweries have folded in just two years, Terella became something rare: a place where families gather, rescue animals find new homes and local makers and artists have a stage.
“For six years, we’ve poured everything into this but now, just days before a court hearing, we are fighting for survival.
“We have acted in good faith on council and legal advice every step of the way. The real challenge is that Terella simply doesn’t fit neatly into the boxes of an outdated planning scheme. Instead of engaging with us in mediation or responding to the dozens of locals who have written to them, council has escalated to enforcement notices and personal proceedings against us – despite the hundreds of thousands of dollars we have spent on an MCU application at their request.
“We believe this story goes beyond one brewery. It’s about whether small, community-focused businesses in Australia can get a fair go when rules don’t keep pace with reality.”
The fundraising campaign page also outlines why the brewery has continued to operate despite the legal action.
“Closure means insolvency,” it states. “We can’t afford to stop trading – without income, we lose our staff, animals and the chance to continue. We must trade to live and defend ourselves.”
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Two petitions about the brewery have also been created.
One started on June 27 titled Save Terella Brewery: Keep Our Community’s Heart Beating! has more than 2600 signatures.
A second petition, called Relocate Terella Brewing to a More Suitable Location and Zone, was created on July 31, 2024, and has attracted more than 120 signatures.
The council said it was not able to make further comment at this time as the matter is now before the courts.
