Battle for Villa Botanica

70-Year-old Dagmar Thomsen believes her chance for a peaceful retirement could be shattered if Council approves a controversial development application at Villa Botanica.

 Ms Thomsen owns a block of land outside the Botanica residential estate, which directly abuts the boutique-wedding venue ‘Villa Botanica’. Owners of Villa Botanica and developers of the gated estate Ralph and Janet Hogan currently hold a permit to operate small 15 person weddings, which they have now applied to expand.

 Ms Thomsen and other landowners within the Botanica precinct say the Hogans have been running larger weddings for some time, despite the fact their current permit does not entitle them to do so. Ms Thomsen and the Body Corporate of Botanica estate say they are now prepared to go to the planning court if the application is approved.

 “Before I even signed the papers I told them (the Hogans) my situation. I’ve worked hard in the tourism industry for 27 years. I wanted to make sure I had distance from my neighbours. They said it was a small family business and they had no aspirations to get any bigger,” Ms Thomsen said.

 “Now I have to put up with the noise and traffic. I try to avoid coming down here anymore. I got physically sick. I’m stressed out. This is just the worst thing.”

 Meanwhile the Hogans say it was never their intention to upset anyone; merely that their business model has evolved.

 “We would do anything to get on with our neighbours. We love this property,” Mr Hogan said.

 “The best solution in all of this is for people to come here and see the venue. I don’t see that we’ve compromised anyone’s peace and quiet. Time will prove that. At the end of the day it will all come down to whether we are genuinely causing a problem or not,” Ms Hogan said.

 Chairman of the Botanica Body Corporate Greg Lange says he feels very sorry for Dagmar.

 “The poor lady must be devastated,” he said.

 “How many councillors would like to be in Dagmar’s shoes? This is not what the town plan had set aside for this area. Gated residential estates are about homes and residences, not commerce.”

 Mayor Mike Brunker said Council was planning to make its decision at the end of this month during an ordinary council meeting.

 “It will be assessed under the town planning scheme and the objectors submissions will all be taken into account like in any other development application we assess,” he said.

 Cr Brunker said Council had decided not to waste time and money on prosecuting the Hogans (for their current practices), now that their application was lodged because of prior precedents.

 “In previous cases where we’ve tried to issue an injunction the judge ruled that the application had to be heard first,” Cr Brunker said.

 “In the meantime I would prefer them (the Hogans) to stick to the original licence of 15 person weddings,” he said.