New Frontier Pty Ltd and City Of Vincent

New Frontier Pty Ltd applied to the State Administrative Tribunal for review of three conditions imposed by the City of Vincent on its decision granting planning approval for a change of use from 'Shop' to 'Unlisted Use (Small Bar)' at No 25 (Lot 3) Green Street, Mount Hawthorn. The principal issue that arose for determination in this matter was whether conditions 2, 3 and 4 of the approval restricting the hours of operation of the small bar should be altered having regard to the preservation of amenity of the locality, in particular, the effect of noise on the nearby residential development. The Tribunal assessed the existing and likely future character of the locality, the manner in which the proposed use would affect the amenity and the degree of impact on the locality. It concluded that while the premises would comply with the Environmental Protection Authority (Noise) Regulations 1997 (WA) with the inclusion of an additional noise control measure, it was reasonable, given the degree of impact on the locality, to impose a condition restricting the hours of operation on Sundays and weeknights to 10 pm. The Tribunal, however, considered condition 2 should be varied to include provision for appropriate restrictions on hours of operations for public holidays. As to conditions 3 and 4, the Tribunal determined that both conditions should be deleted in their entirety. The Tribunal ordered that condition 2 of the decision of the respondent made on 12 March 2013 should be varied to include provision for appropriate restrictions on the hours of operation for public holidays. The parties were to negotiate in good faith to agree the form of wording to vary condition 2. If the parties could not reach an agreement within 28 days of the decision, they were to file and exchange written submissions on the matter. The final orders of the Tribunal in relation to the review included that condition 3 was deleted in its entirety, and condition 4 was deleted in its entirety.