Cafe owner asks for removal of conditions

An Ettalong cafe owner has asked for two conditions to be removed from a development consent, because they do not apply to his operation.
Lord of Pour cafe owner Mr Jerry Altavilla said the conditions required him to guarantee the quality of town water and to install a grease arrestor.
Mr Altavilla said he did not understand why the conditions were added.
He said the first condition was “requiring that water supplied through the tap is of a standard”.
“This condition should be aimed at the provider of potable water and that is the council,’’ Mr Altavilla said.
“The water we use must be assured by the body charging us for the water, not by the consumer.
“So this condition in accordance to the State Water Authority should be aimed at our local authority,’’ he said.
On the issue of the grease trap, Mr Altavilla said the Lord of Pour prided itself in healthy alternatives in food selection and coffees and did not deep fry food so there was no reason to provide a grease trap.
Mr Altavilla has now lodged a second amendment to a development application originally granted in May 2017.
The original development consent allowed work to open a cafe at 199 Ocean View Rd, Ettalong, on the site between the ambulance station and Galleria, commonly known as the Ettalong markets and Cinema Paradiso.
Mr Altavilla went back to council to modify the roof over the deck and the location of the amenities which were approved in May 2018.
This was when the two new conditions were added.
The first condition was to provide evidence of the submission to, and acceptance by, NSW Health of a drinking water management system in compliance with the NSW Health requirements and the Public Health Act 2010 and Regulation 2012.
The second condition was to install a commercial grease arrestor, minimum of 1000 litre, in association with the food premises.
The applicant has asked that these two conditions be removed in his latest amendment request on September 6 and the planning assessment started four days later.
A site inspection before the May 2018 approval noted that some of the works sought for modification had been undertaken and council raised concerns regarding fire separation of the covered deck to the adjoining property to the west and the residential unit development on the site.
It asked for amended plans and Building Code compliance report which were submitted and accepted.
The council report noted that the modification to extend the deck to the amenities increased the area which could be used for the cafe.
“The useable deck area for patron seating is approximately 29 square metres which is an increase of four square metres to that previously approved.
“The increase in area is considered minor and based on the original assessment does not require increase in car parking spaces on-site.”

DA Tracker, 11 Sep 2019
DA 51112, Central Coast Council
Media Statement, 11 Sep 2019
Jerry Altavilla, Lord of Pour

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