Fazio and City Of Fremantle

Fazio, the applicant, sought review of the City of Fremantle's decision to refuse permission for the change of use of a licensed premises from a restaurant to a nightclub. The case was heard by Member James Jordan of the Planning and Environment Commission (PEC). The applicant sought to relocate a liquor licence from another site and obtain an extended trading permit to allow restaurant use during the daytime, while the nightclub would operate on the ground floor and first floor level. The proposed development also included a tapas bar. The City of Fremantle refused the application, citing concerns about the impact on the amenity of the street and surrounding residential uses, and the need for a cabaret licence under the Liquor Licensing Act 1988.

The legal issues the court was required to decide included whether the City of Fremantle's refusal was valid, and whether the planning conditions imposed on the nightclub use were reasonable and necessary. The court also considered the application of policy and the suitability of the location on South Terrace, known as the "cappuccino strip", for a nightclub. Additionally, the court examined the impact of the proposed nightclub on the amenity of the street and surrounding residential uses, as well as the suitability of the site for a nightclub in a city centre location with central city zoning in the Metropolitan Region Scheme.

The court found that the City of Fremantle's refusal was valid, as the proposed development was not in accordance with the relevant planning scheme and policies. The court held that the nightclub would have a significant impact on the amenity of the street and surrounding residential uses, and that the proposed development was not suitable for the location. The court also found that the planning conditions imposed on the nightclub use were reasonable and necessary to mitigate the potential impacts of the proposed development. The court dismissed the application for review and refused the proposed development of a nightclub as proposed.

The orders of the court were that the application for review was dismissed and the proposed development of a nightclub as proposed was refused. The court's decision was based on the findings that the proposed development was not in accordance with the relevant planning scheme and policies, and that the nightclub would have a significant impact on the amenity of the street and surrounding residential uses. The court also found that the planning conditions imposed on the nightclub use were reasonable and necessary to mitigate the potential impacts of the proposed development.