Barbeques Galore in Horsham will close its doors after attempts to negotiate with developers of a new subdivision adjoining the property they lease on Darlot Street were unsuccessful.
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Owners Mr and Mrs Dellar made the decision to close their business despite having an application for a hearing with the Victorian Civil and Administrative Tribunal scheduled for July.
Mr and Mrs Dellar received notice on Friday, June 16; they must vacate the premises by Tuesday, June 20, following more than six months of negotiating with the landlord, solicitors, and developers and receiving the first of three notices to vacate the premises in January 2023.
On Wednesday, June 21, the day after they were to vacate, they said, "We have made the difficult decision to close.
"Since January, we have tried to negotiate and work with the situation, but we have no choice but to close," Mrs Dellar said.
"Our legal fees are already up to $10,000."
Mr and Mrs Dellar said their solicitor notified them if they fail to remove all installations and property belonging to them on or before June 20, 2023, the items remaining at the premises will become the property of the landlord, and they may be charged for the removal.
"We don't know how long we have, but we were able to get into the building today, and our only choice now is to have a closing-down sale because we can't move everything, and we have no facility to move to," they said.
Mr Dellar has been in business in Horsham since he was 20, almost 50 years, beginning at the Brickworks on Golf Course Road, Horsham.
"We bought a barbecue for our use, and we loved it so much, we decided to put two or three in the little brickworks showroom we had at the time, they were so popular we decided to join Galore, and we've been with them ever since," Mrs Dellar said.
"So it's hard; we had no intention of closing because our daughter Pru Belltz had worked with us most of her life and wanted to continue with the business if and when we retired.
"We hope we'll have enough time to sell what we can and honour our customer commitments."
A local real estate agent told The Wimmera Mail-Times they have tried to help the Dellars relocate, but there is nothing in Horsham to suit their business in size or location.
Barbeques Galore has operated from 58 Darlot Street, Horsham, for 17 years.
Kevin and Greer Dellar own the business but lease the building from Coolac Properties Pty Ltd.
Before this, they operated their business from Wilson Street.
They have held the Galore franchise for 43 years.
The solicitor acting for Coolac Properties Pty Ltd, owner of the premises lease dispute, Patrick Smith, said, K & G Dellar Nominees Pty Ltd have been the tenant of 58 Darlot Street Horsham since October 16, 2006.
"On February 9, the tenant's solicitors accepted an offer for a two-month tenancy with a month-by-month tenancy following," the solicitor said.
"Our client has terminated this lease with one month's notice as is required by the Retail Leases Act 2003 (Vic)."
The Horsham Rural City Council passed a motion in December 2022 to Grant a Permit for Commercial Development at No 99-101 Wilson Street Horsham, including creating a carriageway easement at 58 Darlot Street Horsham.
The Dellars received their first 30-day notice to vacate on January 16, 2023.
Mr and Mrs Dellar said, "We are not against progress or development, and we are not against this development, but the plans that HRCC approved would impede our business operations, and we believe we would be unable to continue to operate within Worksafe requirements from these premises".
"The proposed carriageway easement reduced our ability to use our forklift to load and unload stock from semi-trailers, and the development will reduce the number of carparks we had," they said.
"In addition to that, the carriageway is coming off Darlot Street, and we believed the traffic flow there should have been considered."
Ms Pru Belltz said, "All we want now is time to leave in an orderly way and have the chance to take care of our customers."
Mr Smith is not acting in the planning matter VCAT hearing in August.
But Neil Hayes, who is acting on behalf of the permit applicant, confirmed Mr and Mrs Dellar and others, in a joint application, have sought to review the Council's decision at the Victorian Civil and Administrative Tribunal on the basis that they have standing as occupiers of 58 Darlot Street Barbeques Galore to bring the proceeding.
"The application for review by K and G Dellar & Others is listed for a compulsory conference on July 27, 2023, at VCAT, and if not resolved, a final hearing will proceed on August 24, 25, 2023," he said.
"The grounds relied on by K & G Dellar & Others generally relate to traffic matters.
"Based on recently completed traffic engineering and a car parking demand assessment, the permit applicant for the development is hopeful to resolving the concerns that have been raised at the July 27 2023 compulsory conference, which is be conducted by a specialist Member of the Victorian Civil and Administrative Tribunal.
"The permit applicant is disappointed by the delay and costs being incurred to enable the commencement of the development that the Council approved at its December 12 2023 meeting, which will bring significant economic benefits to the Horsham CBD and, more broadly, the ratepayers of the Horsham Rural City Council."
Following 16 years as a member of the Horsham Apex Club, Mr Dellar joined Horsham Council and served for 27 years, including three terms as mayor.
"It's just not how we did things then," he said.
The Wimmera Mail-Times contacted the Horsham Rural City Council for comment.
