2. The issue of height is still a point that action may be taken on, but if it is against the glass balustrade the courts may deem this to be of minimal impact as glass will not add to the bulk of the building.

3. Council officers are preparing to take legal action once there is public use, or even intended public use of the area. This would include advertising the use of the area specifically (ie, as open for business). That could include preliminary advertising of an "opening" or hours of operation.

4. The result of that legal action would most likely be that the owner would be forced to submit a town planning application for the use and that no use take place until the application had been decided.

5. Any application for this use would require public advertising and attract submissions that would be considered in the decision making process.

6. The outcome of a town planning assessment is either a refusal, or an approval with specific conditions attached (such as hours of operation, allowable decibel levels, etc).

7. Then there is the issue of getting a liquor licence. The State Government will have to decide on that one and with all the problems that we have at the moment with licensed venues, that may be a difficult thing to get.

8. The situation is beginning to move rapidly on this issue, so it is probably best to leave the advice at that for now. It should not be too long before the work is finished and the use will be advertised. That is when all of this will come to a head. 

I hope that explains the situation as it stands.