The Commissioner upheld the appeal against Council's refusal of a DA for alterations and additions to an existing building for use as a pub in the Green Square locality. The Court found that the 2.4m public domain setback was not required given the site's splay corner controls, the traffic experts' agreement that the existing footpath width was adequate for pedestrian and cyclist safety, and that the development exhibited design excellence under cl 6.21C of the SLEP notwithstanding the nil setback. The Court also rejected a proposed condition requiring assessment of cigarette smoke impacts on adjoining residential units, finding no evidentiary basis for the condition and that the distance between the source and neighbouring residences was sufficient mitigation.
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