Snells Beach coffee cart owner fights council closure threat

Steve Charnley at his Matakana Bacon Shop and the Snells Beach bacon shack.

A popular food and coffee cart on the Snells Beach shoreline may be forced to close after its owner was served with an abatement notice by Auckland Council.

The Matakana Bacon Shack has been sited behind the former Bayside Bistro, now Nikau School, selling bacon butties and drinks since May.

Owner Steve Charnley said that since the trailer was parked on Nikau School land with principal Joy Leigh’s blessing and the property was consented for a fully licensed café, no one involved thought there would be any issue.

“We just assumed that with the resource consent and the commercial kitchen still being used, we would all be okay,” he said.

“The school was very keen to get us down there for the locals who were upset about losing their cafe, and the support has been lovely since we opened.”

Leigh agreed, saying the fully compliant truck was a welcome addition and a key part of Nikau School’s intention to be a flexible, multi-use community venue.

“We were more than happy – we thought it was a brilliant way of meeting a need, everybody was so happy and they had a great start,” she said.

However, Charnley said a council compliance officer visited the Bacon Shack last month after hearing about it from someone who had unsuccessfully applied to run a coffee cart at the other end of Snells Beach.

“It wasn’t a complaint from a local, just someone asking about us and council happened to be here, so they came down and then served me with an abatement notice,” he said.

“According to council, the consent doesn’t cover a food truck or trailer, and it’s in a residential zone, hence the notice.”

Charnley successfully appealed against the first notice and was given 10 days’ grace, then appealed again for a four-month stay to allow him to consider his options and look into whether his operation is, or could be, permitted. However, at a mediation session with his and council lawyers, chaired by an environment court judge, he was given six weeks instead.

Charnley said he wanted four months to allow more time to study the original resource consents and discuss the matter with a range of people, including landowners Jim and Deanna Dehlsen. However, he said he wouldn’t be able to afford a lawyer for the process, as it had already cost him thousands of dollars.

“I need some help,” he said. “I can’t afford to keep a solicitor on it. We’ve got a petition at the shack with more than 400 signatures, and people have been so lovely, but I might just have to cut my losses and bring it back here (to the Matakana Bacon Shop).”

Leigh said this, and the school’s own struggles with council consents and charges, was frustrating, especially when everyone was struggling to keep afloat.

“We were trying to be creative and do our best to make the most of our space, but we just keep hitting our heads on all this red tape,” she said. “Where is the support and encouragement for the community to keep trying things?”

Leigh added that she was hoping the bacon truck could use the former cafe’s deck overlooking Kawau Bay during weekends and summer holidays.

“It would be great to have ice creams, cool drinks and outdoor games on the deck. So many businesses are going under, there is so much stress already, and council decides he needs a full resource consent that would cost $20,000. It really does grind your gears.”

A council spokesperson would only confirm that its compliance department had issued an abatement notice, as it believed Charnley required consent for his operation.

“The owner has issued an appeal to the notice, and they are presently in discussion as to the best way forward,” she said.

Steve Charnley is keen to hear from anyone who might be able to offer help or advice. He can be contacted on 027 426 5010.