MacDonald argued the toilets were placed there with a forklift and required no building or alteration to the existing building.
The Big Don’s Smoked Meats warehouse in Bayswater.Credit: Duncan Wright
He said he felt the pursuit of him over this and the occupancy issue was “personal” after his previous clashes with the city.
“It is illegal to have people in a building with no occupancy permit and do works in it, but this building has been operating for five decades, and either the council has allowed other businesses to go without it, or they’ve lost their paperwork, but they’re making it my issue, and they’re threatening to prosecute me over this,” he said.
“I didn’t build a toilet block made of bricks and mortar. I purposely did this because it was temporary in nature, which they don’t agree with.
“We’ve engaged the council at every step and so this has come out of the blue for me, and I’m angry, basically.
Customers inside the famed WA barbecue hotspot.Credit: Duncan Wright
“I’m optimistic still that there’s an outcome that can be achieved, but it’s going to have to be achieved with lawyers and paid planning consultants.”
City of Bayswater chief executive Jeremy Edwards denied the council was singling Big Don’s out and said it was working with MacDonald to ensure his venue was compliant with planning rules.
“The city is working proactively with the business owner to help secure the necessary approvals as efficiently as possible,” he said.
“Without this occupancy permit, the site is not compliant with State legislation and presents a risk to public safety.
“While working collaboratively with local businesses, the city must also ensure compliance with state legislation, covering food safety, planning and building, to protect public safety. This legislation applies to all businesses within WA.
“The city continues to work collaboratively with the business owner to support a safe and compliant outcome.”
Using his voice
MacDonald used to run his business from his backyard and food trucks before settling on the brick-and-mortar warehouse site in the Bayswater industrial area.
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The site took some planning gymnastics to get up, and the restaurant is technically classed as a lunch bar, which resulted in his unique offering where he can only serve food take-away, but customers bring their own tables and chairs to eat on site.
Big Don’s has garnered global fame through his Instagram account, which has more than 231,000 followers and MacDonald frequently uses it to call out red tape, influencers and media and behalf of his and other businesses.
This week, Big Don’s featured in an hour-long feature with one of the world’s most popular YouTube chefs Andy Hearnden, who has 5.85 million followers. Hearnden’s video received 365,000 views in five days.
MacDonald said he intended to use his following to address council bureaucracy.
“The only thing I have is the most followed restaurant in the country now, and the ability to vocally showcase what’s going on,” he said.
“If I have people that need assistance, whether it’s businesses that have issues with the council and this siloed nature of all of the departments, or they’re not getting anywhere, I’d be one who could hopefully help facilitate an outcome for them.”
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