The City's response to the Fremantle Herald about the expiration of Mooba Cafe's temporary lease on privately-owned Cockburn Central lot, 24.9.25
Question: Although the cafe is on private land, Mr Dillon says the lease has switched to and from the City over his thirteen-year tenure. Is this true?
Answer: No, 20 (Lot 7) Linkage Avenue was originally owned by Landcorp (now DevelopmentWA).
In June 2007 the property was acquired by the City.
In August 2012 Landcorp requested a lease over the eastern portion of the property, in order to establish a temporary café. The City agreed to that portion of the site being leased. DevelopmentWA then subleased that land portion to Mooba Cafe. The City has never had a direct lease with Mooba Café.
In May 2019 the property was transferred back to DevelopmentWA. The City has been advised the cafe lease expired at this time and reverted to a monthly extension.
In September 2024 the property was purchased by SKS Airport Pty Ltd (the current owners), with the new owners also taking over ownership of the café lease.
Question: Mr Dillon says he has also been advised by the City that he cannot operate a coffee van given its 1km proximity to other similar businesses. Has the City been negotiating possible other solutions to the containers having to move?
Answer: A coffee van cannot be considered for a licence because it does not meet the legally mandated operating standards for mobile food vans, under the City's Local Laws.
The standards prohibit stallholders from trading within 1km of any shop, trader, or permanent place of business that sells similar goods, wares, merchandise, or services.
Multiple businesses operate within a 1km radius of this location, offering the same types of products, which would place a coffee van in breach of the prescribed exclusion zone.
Please also refer to the City’s media response below in reference to how the City has been supporting Mr Dillon to help him explore potential solutions to support the continuation of his business in Cockburn Central.
Further Media Response:
The City of Cockburn would love to see Mooba Café remain in Cockburn Central.
Unfortunately, State planning requirements would prevent any change from occurring in the short term and in a time frame that suits Mr Dillon’s business needs.
As the sea container café is located on a privately-owned vacant block zoned for the establishment of a Mixed Residential and Commercial Development, it is unable to stay in that location.
The City’s Health and Building, Planning and Business and Economic Development staff have been communicating with Mr Dillon over the last month to explore potential solutions to support the continuation of his business in Cockburn Central.
The City has been helping identify other commercial lease and tenancy options in the area, but unfortunately none have suited Mr Dillon’s requirements.
The landowner SKS Airport Pty Ltd has approval to construct an eight-storey development at 20 (Lot 7) Linkage Avenue with plans to begin work in coming months.
As the landowner, SKS also owns the café lease and has cancelled it as part of preparations to begin onsite construction.
Mooba Café has been located on the vacant block for 13 years.
The temporary sea container café lease was offered to market in 2012 following a request from the then landowner, LandCorp (now DevelopmentWA).
The café’s establishment was designed to activate the fledgling Cockburn Central town centre at a time when there were no food and beverage outlets in the area.
A temporary cafe licence was granted on the understanding that it would expire when a landowner was ready to develop the site.
The area has been planned as a high density, vibrant, activity centre close to Cockburn Central train station since the early 2000s.
Recently Mr Dillon sought to move the sea container from its current location on privately owned land to the adjoining Town Square open space, known as The Siding, at Lot 6.
As the owner of Lot 6, the City has also investigated this option. Unfortunately the management order for that recreation reserve does not allow for commercial leases and a change to the zoning would require Ministerial approval.
This process could take months which is well outside the timeframe Mr Dillon needs to accommodate an imminent change of location for his business.
The City has contacted the Department of Planning, Lands and Heritage for advice. Any process to change the use of this land is likely to take many months, if it is supported at all.
If granted, the Ministerial approval would then require the City to advertise a café lease for Expressions of Interest to provide fair opportunity to all potential applicants, with no guarantee Mr Dillon’s application would succeed.
To accommodate a commercial lease, The Siding would also need to be equipped with separate water, sewage and power connections which would also take some months to achieve, if approved.
The City is disappointed Mr Dillon has been unable to find an alternative tenancy option in the Cockburn Central area and recognise that his business has become highly valued by residents in the area.
We remain committed to helping Mr Dillon with licensing and health approvals if he can find another suitable tenancy option.