Trigg institution Yelo Cafe has won a court case brought against it by the City of Stirling, which had alleged that it was operating in breach of its planning approval.
Yelo has been a victim of its own success; the size of the crowds and the number of cars parking in the area prompted investigations by the City, then the allegations of a breach of a Takeaway licence and the threat of a $1 million fine for the cafe's owner Michael Pond.
![City of Stirling Health and Compliance manager Peter Morrison said the council had been in a difficult position.](http://web.archive.org./web/20170525093819im_/https://www.fairfaxstatic.com.au/content/dam/images/g/w/a/j/y/t/image.related.articleLeadwide.620x349.gwa93b.png/1495439334601.jpg)
City Health and Compliance manager Peter Morrison said the City had received 800 complaints about the parking situation around Yelo in a year, averaging to 11 a day at times.
Since Mr Pond took ownership in 2009 the City had tried numerous times to settle the matter of the planning approval and that the court case had been a necessary step to settle the matter both for Yelo and for surrounding residents.
The court found the 2003 planning approval was a hybrid approval of part Takeaway and part restaurant and ordered the City to pay $33,400 in costs.
This, when added to 18 months of legal fees, made the total costs to the City around $123,000.
Mr Morrison said the City would not appeal the case and did not intend to create extra parking at the site. The council's officers would continue to respond as normal to parking-related complaints.
He said the City had been "stuck between a rock and a hard place" on the matter.
![The City of Stirling attempted to fine the popular cafe spot nearly $1 million.](http://web.archive.org./web/20170525093819im_/https://www.fairfaxstatic.com.au/content/dam/images/g/u/j/x/v/8/image.related.articleLeadwide.620x349.gwa93b.png/1495439334601.jpg)
"We did not 'go after' Yelo; there was no other option," he said.
"If we were to ask the residents if they thought it was a waste of money [they would not]; we were dealing with their concerns.
"It was a difficult matter both for the magistrate and the City."
Mr Pond was contacted for comment.