Gabriel Wilk at his takeaway shop, Gaby's Takeaway, in Barton.

Gabriel Wilk at his takeaway shop, Gaby's Takeaway, in Barton.

Not only will public servants be paying for parking in the Parliamentary Triangle but they will soon lose a longstanding lunching joint.

The National Capital Authority has given marching orders to Gaby’s Takeaway, a food stall which has been in the same spot in Barton for 27 years and whose owners are now mounting a Brodburger-style campaign to stand their ground.

The food vendor has been told its temporary trading permit will not be renewed in October.

Gabriel Wilk at his takeaway shop, Gaby's Takeaway, in Barton.

Gabriel Wilk at his takeaway shop, Gaby's Takeaway, in Barton. Photo: Rohan Thomson

The NCA says the decision has nothing to do with the introduction of pay parking.

However it has confirmed that work is about to start on an upgraded access road and car park in the area near Gaby’s.

‘‘I understand you may be disappointed with this decision and wanted to give you as much notice as possible,’’ wrote Alison Walker-Kaye, the authority’s National Capital Estate executive director to the takeaway’s owners.

The owners, Gabriel and Monica Wilk, now aged in their early 50s, moved to the area from Argentina so Gabriel could play soccer for a club in Queanbeyan.

Instead of returning home after two years they instead set up the takeaway and became Australian citizens. The shop sells nachos, chicken schnitzels, hamburgers and salads and has fed the full gamut of the bureaucracy, from graduate public servants to department heads.

The Wilk family said it was taking its case to the Administrative Appeals Tribunal.

‘‘We said if they found us a permanent location we’d be happy to re-locate,’’ Mr Wilk said. 

The family said the authority originally told them last October - when it was time for another temporary trading permit renewal - that the authority would ‘‘work around them’’.

But the letter giving them the bad news about the stall’s impending demise in its existing location was hand delivered a fortnight ago, and the family has since started an online petition.

An NCA spokeswoman said the original establishment of the takeaway was to service the needs of construction workers in the area but that much of this building work was now complete. 

‘‘Barton is now made up of government buildings, businesses and residential homes.  There are also more than ten other cafes and restaurants in the area, which all pay rent at commercial rates for the spaces they occupy,’’ the spokeswoman said.

‘‘To encourage a diverse range of eating establishments in the area, there needs to be a competitive playing field in place.’’

‘‘(Gaby’s has) been given ample time to look for other locations to operate.’’ The takeaway operated until 2009 on the understanding that they were permitted to do so under an ACT Government hawker’s licence.  However, as Windsor Walk is on National Land, not Territory land, the takeaway was advised five years ago they could apply for a temporary traders permit from the National Capital Authority.  This would be allocated on an annual basis, as future works were planned for the site.

The authority had another, similar, battle on its hands when tried to move along the well-known red Brodburger caravan at Bowen Park on the southside of the lake.

The authority wanted it to work from a purpose-built kiosk because the van did not comply with the aesthetic demands of the National Capital Plan.

The authority later offered to allow the van to keep operating under its hawker’s licence as long as it was removed after each day’s business.

Instead, the ACT government brokered a deal for Brodburger to move into the Canberra Glassworks.