Bellissimo cafe takes Brisbane City Council to court over enforcement notice

A fashionable cafe on a buzzing dining strip is taking Brisbane City Council to court over an enforcement notice it claims is unreasonable.

Bellissimo Cafe in Oxford Street, Bulimba, claims enforcement action by Brisbane City Council is unreasonable. Picture: David Clark

A fashionable cafe on Bulimba’s trendy Oxford St cafe strip has been slapped with an enforcement notice by the Brisbane City Council, after its expanded its trading area during renovations.

Bellissimo cafe at 35 Oxford St, was hit with an enforcement notice by the council on July 19 for alleged offences against the Planning Act, and on August 15, filed an appeal in the Planning and Environment court.

“The enforcement notice should be set aside because the timing requirements for compliance are unreasonable,” the appeal notice states.

Bellissimo Cafe has been hit with an enforcement notice after expanding into its driveway during renovations. Picture: David Clark

Cafe director Mark Bignell told The Courier-Mail that they did not have council’s approval to use a driveway as an outdoor seating area and needed to upgrade the cafe’s sound proofing.

He said they were currently working on fixing the issues raised by council.

“We’ve met with town planners and engineers to receive professional advice on both points and have agreed to undertake to work to satisfy council with respect to both matters,” Mr Bignell told The Courier-Mail.

“We accept and respect council has a role to play and we are simply taking the steps we’ve been advised to and see it as a formality in the process.

“Bellissimo Coffee has established a very good relationship with Brisbane City Council over a number of years of working collaboratively with Council in ventures servicing the community.”

He said that neighbouring cafes Darvella Patisserie and Mina Italian Restaurant had both converted their driveways and parking areas into outdoor seating.

Darvella Patisserie in Bulimba, which operates along the same busy dining precinct as Bellissimo.

Bellissimo Bulimba renovated to expand and the cafe now has 90-seats.

Bellissimo Coffee Pty Ltd, which has the lease over the 382 sqm cafe, was slapped with the enforcement notice by council after having received a show cause notice on May 10.

No date has been set to hear the appeal.

Mr Bignell said the cafe would operate as usual.