When restaurateur Michael Fegent rebooted popular Paddington spot Tequila Mockingbird as an upmarket Venezuelan restaurant, TQM, last month, he hoped to make a splash by painting the facade bright yellow.

But the new look drew the attention of Woollahra Council, which has ordered Fegent to repaint the Heeley Street property or risk a $6000 fine.

Fegent, who owns the terrace building at the Five Ways intersection, said he wanted to bring warmth and vibrancy to the area. “Yellow is the prominent colour of the Venezuelan flag, and I chose a colour listed as a heritage by the paint supplier,” he said.

The restaurateur said he had no idea the paint job required prior approval, but felt he was being singled out nonetheless. “There are lots of terrace houses in the Heritage Conservation Area with vibrant colours, including yellow – have they been issued notifications from council?” he said. He declined to name specific properties, to save them from facing the same issues he is.

In a statement provided to the Herald, Woollahra Council said painting a Victorian terrace bright yellow “isn’t appropriate in this location”. “The overall colour of facades must be consistent with a building’s character and to the surrounding streetscape, so in this instance the owner must repaint or they may receive a fine,” the statement said.

“Council understands that businesses want to stand out, but operating in a Heritage Conservation Area like Paddington comes with responsibilities that are designed to protect and preserve the character of the area, and we appreciate that most people are doing the right thing.”

The heritage restrictions have long challenged property owners in a suburb where council approval is required to change the colour of a front door or facade.

Paddington’s colour wars have been raging for years. In 2011 John Singleton, then co-owner of Paddo’s Bellevue Hotel, and his partners continuously repainted the pub in defiance of council threats of fines.

The advertising and media tycoon painted the Bellevue pink to support breast cancer, then brown, followed by black. As a form of quiet protest, Singleton offered the pub’s facade as a colour billboard for charities.

Singleton told The Daily Telegraph at the time that his actions were a response to what he said was “bureaucracy gone mad”. Singleton argued he should be able to paint his pub whatever colour he liked, as long as it was temporary.

As for Fegent, he said he won’t fight council on the issue and is resigned to paying up to $6000 to repaint his restaurant’s exterior. “I’ve made a mistake. I’ve asked Woollahra Council for a list of approved heritage colours,” he said.