Voice of Byron

BYRON SHIRE Council has been meeting with the Brunswick Picture House since October 2015 to encourage a development application (DA) to be submitted for use of the building.

Council’s legal services coordinator Ralph James said the property owner was advised back then that there are no continuing approvals (for use as a theatre/café etc), as the previous approvals had been abandoned for more than twelve months when the building was occupied as a second-hand store in about 1986.

“Our aim has always been to encourage the lodgement of a DA. It was not to close the Brunswick Picture House down.

“In matters where permitted use is in question, our approach is always consistent in providing the property owner the opportunity to address the concerns and comply with conditions or approval requirements,” he stated.

Mr James said since then, the continued use of the building as a café and theatre has raised a number of issues including fire safety, food health, noise amenity and hours of operation.

Council has received numerous community complaints about the building and its use, since October 2015.

The building was used as the Brunswick Picture House until around 1986 when that use ceased. The theatre up until that time showed movies and had a small food bar for the selling of lollies, drinks, ice-cream etc to movie goers.

Mr James said the theatre currently has a fully operable café which has never been approved and the café is open outside of the hours when movies are being shown.

“The café also appears to include outdoor dining areas, plus the theatre is being used for live performances and shows.

“Built back in the 1950/60s, the picture theatre includes little in the way of noise attenuation measures and would not meet fire and safety regulations,” he said.

The primary purpose of the recent cease use order, Mr James reaffirmed, was to try and have the Brunswick Picture House submit a development application for the use.

“A development application to reinstate the theatre use and the expansion into a café would assist in these matters being fleshed out, the appropriate approvals being put in place and the building being upgraded to ensure compliance with the BCA, Food Act, Industrial Noise Policy and other relevant planning controls of Council.

“In August, staff issued an order to cease operation as no development application was forthcoming, despite many requests.

“Unfortunately, there are limited tools under the EP&A Act that Council can use to encourage compliance. Council is using what is available to it,” he said.

Mr James said to date the property owner has not contested the order to cease use, nor the penalty notices issued for noise.

He ended by saying that Council strives to maintain fairness in its dealings with the community.

“In recent times we’ve had approved cafes in the Shire who have clearly detailed conditions of consent with opening hours and the type of service. 

“The approvals can also involve payment of contributions for water and sewer to help support our shire-wide infrastructure.  We need to apply the same standards for all businesses,” Mr James said.