The owner of once-controversial Thirroul restaurant Jose Jones is fighting to change a rule that would force him to close the doors.
The popular venue had previously run afoul of both nearby residents and Wollongong City Council.
The neighbours were unhappy with the noise level as Jose Jones was operating more like a music venue than a cafe.
The problems with council were more serious; in 2019 council discovered the venue had been operating without consent for two years.
It had been granted short term consent, which expired in 2017 but was never renewed.
A development application was then lodged but knocked back and owner Joe McGuinness took council to the Land and Environment Court.
The court ruled in his favour, approving the development consent with a range of conditions.
One of them was that the consent only lasted for two years.
"At the end of this period the development must cease and the café/restaurant must be removed from the land," condition two stated.
The application was approved in June 2021, which means it only has another month before it has to close up.
Which is why a request to remove that condition has been lodged with council.
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The statement of environmental effects lodged with council said Jose Jones has been operating for the past 12 months "without rise of any significant concerns from the adjoining landowners or residents".
It added that none of the other conditions of consent set by the Land and Environment Court would change.
"In relation to noise generating activities associated with the use, this modification makes no changes to the limitation on the number of patrons, prohibition of live music and limitation of other music to background level and only from within the premises," the statement of environmental effect said.
The development application modification is on public exhibition until June 7
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