The City of Melbourne has failed its first major test before the Victorian Civil Appeals Tribunal with the advice given to Council by officers proven to be false and the Council left dumfounded and embarrassed by not paying due and proper attention to this issue well before now
Recent Ministerial changes to the State Planing Scheme made by Matthew Guy have resulted in the City of Melbourne no longer able to control development within the city boundaries instead we have a free for all where the market is allowed to rage unchecked and out of control
The decision of VCAT to grant a planning permit for the establishment of a licenced cafe and restaurant at 157-159 Domain Road, South Yarra. – PERMIT APPLICATION NO. TP-2012-388 had demonstrated that the Council Strategic Statement is worthless.
Recent amendments to the Victorian Planning Scheme have resulted in licenced premises (Taverns, Pubs Restaurants and Pokie venues) which fall under the board definition of Retail Premises, no longer requiring a planning permit for use in a Commercial 1 Zone. (CZ1). The City of Melbourne and a host of other inner city municipalities have been caught out by the changes which have a detrimental impact on inner city residential amenity.
A commercial business premises now has an “as of right’ use to establish a night club. Tavern. Bar or licenced restaurant within a CZ1 zone without a planning permit regulating its use.
The recommendation to remove licened premises from the definition of Retail premises, if adopted and implemented. would subject all licenced premises to a proper planning process and help restore public confidence.
The City of Melbourne needs to consider a Supreme Court challenge of the ruling of the Victorian Administrative Appeals Tribunal (VCAT)
The proposed development in Domian Road undermines the terms and provisions of the Melbourne Planning Scheme
Clause 21.08, “Economic Development”. states: There is a need to support the provision of local shops to serve the residential and working communities in local centres. A proliferation of eating and entertainment uses should not undermine the character and range of services offered in these local centres.
A stated objective under the Melbourne Planning Scheme is to support the Central City and local retail uses. A related strategy is: Ensure that a proliferation of eating and entertainment establishments in local centres does not undermine the viability of their convenience retailing
The South Yarra Domain Road precinct is listed as area of stability with minimal potential for new development, and notes that residential amenity to date has been maintained and the area’s historic character and features have been preserved
The Melbourne Strategic Statement aims to ensure Domain Road shopping area maintains its role for convenience shopping, neighbourhood facilities and as a neighbourhood focus
The City of Melbourne policy framework identifies the Domain Road shopping area as one of the municipality’s local centres. Policy seeks to have this centre maintain its role for convenience shopping and as a neighbourhood focus. Policy also seeks to ensure that a proliferation of eating and entertainment establishments does not undermine the viability of the centre’s convenience retailing
A significant difficulty in implementing this strategy is the fact that the use of the land for a restaurant is no longer subject to a planning permit, given the Commercial 1 zoning of the land. Under the provisions of the previously existing Business 1 zoning, there existed the ability to specify in the Schedule land upon which a restaurant use could not be established without a permit. The Council had not nominated any land within the municipality in the Schedule. With the change of zone, the ability to include this requirement has disappeared.
As no permit is required for the use, it is difficult to understand how the strategy relating to the ‘proliferation’ of eating establishments can be implemented in a land use sense. The regulatory tools necessary to give effect to the Council’s aspirations for this centre, as expressed in this specific strategy, do not form part of the suite of controls which apply in this case.
The granting of the permit pursuant to the revised planning scheme undermines public confidence in the administration and implementation of planning with-in the City of Melbourne
Changes to the Planning Scheme required to wind back the Guy amendments
The City of Melbourne need to as a matter of urgency review the current zoning of the Domain Road, South Yarra precinct with the view of having it rezoned as a “Mixed Use” Zone in which case licenced premises and restaurants and taverns can once again be subject to proper planning controls
– The Melbourne South Yarra Group has invited the Labor Candidate or the State seat of Melbourne Neil Pharaoh to address residents concerns on planning within the City of Melbourne at its Annual General Meetings scheduled for March 2014