The owners of the most talked about sculpture in the South West, Laurance Wines, will appeal the Shire of Busselton’s final decision to refuse planning consent for the winery’s ‘chick on a stick’.
The electric blue and gold sculpture, called ‘Free as a Bird’, has caused a storm in Margaret River after Laurance Wines refused to remove it following a shire ruling that deemed it an inappropriate structure.
As was revealed in WA Business News last month, the Wilyabrup winery has an appointment with the State Administrative Tribunal on June 12 to argue for what it believes is its right to install public art on private property. It also threatened legal action if all avenues to keep the sculpture were exhausted.
At a meeting last week, council voted six to three against granting retrospective permission for the sculpture, on the grounds that its 17.5 metre height and location relative to Caves Road was inconsistent with council and state planning policies for the area.
Council also refused planning consent for an apple tree sculpture, exotic vegetation at the property’s entrance, a playground, overflow car parking and proposed rose garden arbor.
It granted approval, however, for the winery to operate a restaurant and reception centre and to extend its existing dam, subject to the maximum residual volume of the dam being reduced.
Acting Busselton CEO Mathew Smith said it was imperative that properties along Caves Road maintained their natural, rural outlook. He said development and public art were not mutually exclusive, with art still considered a form of development.
“There’s no exemption for public art under planning laws. An architecturally designed building could be considered public art but it still requires approval like any other development,” he said.
Mr Smith believed that, if the sculpture were made less visible from Caves Road, the council would have no reason to refuse it.
The sculpture’s designer and winery owner, Dianne Laurance, said she was upset that the case was going before the tribunal, which would be an expensive exercise for all parties.
“They’re trying to say my public art is a structure, and it’s not. It’s a valuable work of art and we will fight to keep it. She is not coming down,” Ms Laurance said.
