Cronulla cafe stopped from opening on Sundays

A cafe, which operates from a former historic butcher shop at Cronulla, has been stopped from opening on Sundays after numerous complaints from nearby residents.

Sixsmith cafe received approval for a one-year trial of Sunday trading when it opened a year ago in the Ewos Parade premises where Leo Payne, who was known as the Sausage King, toiled for more than 40 years.

Mr Payne retired four years before his death at 87 in 2019, and the butcher shop became a hairdressing salon and then a cafe.

When cafe owner Graham Taylor applied to make Sunday trading permanent, neighbours argued the premises had never previously opened on Sundays and they were entitled to one day of rest from the noise and other impacts.

A Sutherland Shire Council assessment report said the business had introduced measures to mitigate the impact on neighbours and recommended Sunday trading continue, but with the starting time pushed back from 7am to 9am.

However, Sutherland Shire Local Planning Panel said the proposal had not satisfactorily addressed the submissions made by adjoining residents and failed to protect their amenity.

Mr Taylor declined to comment on the decision, but in a post on the Leader's Facebook page after the online report attracted a flood of comments slamming the decision, his wife Sarah wrote: "We are the owners of Sixsmith cafe and we'd just like to say thank you for your overwhelming support.

"This isn't over yet because we will be appealing the decision, however in the meantime we will continue to trade on a Sunday because the NSW Government COVID 19 Legislation permits us to do so.

"This is our community and we will do whatever it takes to continue to support you as you've supported us. See you Sunday".

The planning panel, in its decision, noted "use [of the premises] has intensified over time since the original approval".

"In response to public exhibition, 16 submissions were received," the panel said.

"The matters raised in these submissions include noise, odour, parking, pedestrian safety, intensification of use, waste disposal, privacy, litter, overcrowding and whether the development will be substantially the same development as that which was originally approved.

"Speakers against the proposal also expressed concerns in relation to noise, odour, loss of privacy, and lack of parking."

The panel noted the cafe owner had implemented acoustic mitigation measures where directed by council, ceased public access to a rear garden and erected a privacy screen adjacent to the rear door in an attempt to mitigate impacts.

The panel also refused a separate but related application for building modifications and a request to allow up to six cafe patrons to use the rear yard, sitting on existing sandstone benches with no tables.

The original application sought rear outdoor seating area with 10 seats and three tables, with patrons allowed to walk through the vegetable garden, but these ideas were scrapped after talks with the council.

Objectors stated the rear yard had historically never been used for commercial purposes.

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