An iconic Aussie poet’s heritage-listed childhood home, once a cherished venue for weddings and celebrations, sits shuttered behind a council barrier marking the bitter three-year standoff between a restaurateur and a council.
The Gladesville community in the Lower North Shore of Sydney, is frustrated by the ongoing saga blaming the City of Ryde Council for the lengthy closure.
“It’s such a shame to see this beautiful old building being allowed to sit and become run down,” one resident wrote on Facebook.
“I saw it last week on a walk and was very upset by how this once beautiful setting has not been given priority at council as one of its significant assets.”
Tenant prepared to take the council to court
The childhood home of legendary Aussie poet Banjo Paterson – the man who composed Waltzing Matilda – is a heritage listed site.
The Victorian cottage previously served as a popular restaurant for nearly four decades before being shut.
A new tenant, David Poirier’s, dream project to restore it and open a new restaurant began in 2023, but it quickly turned into a bureaucratic nightmare after early building work exposed termites.
Mr Poirier’s new dining venue, Rockend, was scheduled for a grand opening in early 2024, instead, his lease was terminated last year and the site sits wrapped in spider webs behind a yellow “City of Ryde” barrier.
“What they have done is not right at all,” Mr Poirier told news.com.au.
“I had a panic attack,” he said of the ordeal that has lasted three years leaving him on the brink of bankruptcy.
Mr Poirier has poured about half a million of his own funds into the project and has vowed to challenge the “unfair” eviction in a final effort to recover his investment.
It is understood the council has already spent less than $200k in legal fees so far and is now preparing for any upcoming legal dispute brought by Mr Poirier.
Council claims: ‘unauthorised works’ damaged heritage building
The City of Ryde Council alleged “unauthorised” building works carried out by Mr Poirier caused “significant damage” to the 1850s building resulting in the termination of his lease.
A council spokesperson told news.com.au the alleged damages include: “removal of walls, penetrations into structural timber beams and the pouring of a concrete slab on the ground floor.”
Mr Poirier rejected these allegations saying the work – approved by engineers – was done to address the damage termites had left and the structural decay that made the building unsafe.
“Failure of these termite damaged joists could lead to human injury,” one independent assessment report warned.
‘Wrong’: Mixed signals from the council
City of Ryde independent councillor Roy Maggio has backed the tenant saying the eviction was simply “wrong” when the tenant was in the process of getting a Development Application which was even lodged and approved after the termination notice.
“The process has failed,” Mr Maggio told news.com.au.
For Mr Poirier, the main source of frustration was in the mixed signals he claimed to have received from the council throughout the process.
“Why was I encouraged to spend hundreds of thousands of dollars on a council-owned building, only to have substantial new financial demands introduced after the lease was signed?” he asked.
“Why is a small-business owner being left with a total financial loss while council retains the improved asset to put back on the market? What they did to me is not making sense.”
Warehouse meeting that sealed the stalemate
In an attempt to resolve the standoff, Mr Poirier said, he was called to a confidential meeting with the acting CEO of the council at an “unexpected warehouse location rather than council offices”.
Emails seen by news.com.au revealed, he was directed to delete all social media posts involving the restaurant – including a GoFundMe page set up to help pay the mounting expenses – before the meeting could even take place.
Mr Poirier had complied with the request in hopes of a fair resolution, but he had left the meeting feeling “deeply disappointed”.
The council’s “several attempts” to co-operate with Mr Poirier had ultimately been unsuccessful, a spokesperson for the City of Ryde Council told news.com.au.
“Council needs to ensure that the structural integrity and the heritage fabric of the building is not compromised further,” the statement read.
The Council maintained Mr Poirier conducted “substantial unauthorised building works” that resulted in damage, and that the lease was terminated to protect the site.
The spokesperson said, the council was currently working with structural engineers and heritage advisers to scope repairs, after which they intend to put the site out to a competitive market tender to find a new tenant.
Questioning the intent and conduct of the council, Mr Poirier has lodged a complaint with the Independent Commission Against Corruption.
“Either reimburse the money I have invested so I can walk away, or reinstate my lease on fair terms,” Mr Poirier has asked the council.
While the site sits empty, a GoFundMe page started by Mr Poirier remains active to help cover the growing legal costs as he prepares for a court battle.