Stephen Mayne endorses new Commercial 1 planning zone Gaming Venues as of right use

Melbourne City Councillor and Deputy Chairman of the Planning portfolio has endorsed the proposed new planning regime and the “as of right use” “No permit required” Gaming venues and Taverns under the new Commercial 1 zones that will replace Business 1 zones

Under a current Business 1 zone Gaming venues and Taverns require a planing permit.  Under the new revised Commercial 1 zones Gaming venues and Taverns no longer require a planning permit

Stephen Mayne, who is known to campaign on concerns about the impact of gaming venues, has stood by complacently on his watch as Deputy Chairman of Planning and allowed the establishment of the new planning zones, which come into effect on July 1, 2013 to pass by without comment. 

The Lord Mayor Robert Doyle; Steven Mayne, Greens Councillors Rohan Leppert and Cathy Oak and ALP member and Chairman of the Community Welfare portfolio, Richard Foster, stood silent and remained complacent and negligent by not calling for written a detailed report on the new planning changes in particular the new  Commercial 1 zones and their effect in Melbourne.

The changes to the planning scheme means that applications for use of premises as a gaming venue or tavern within a commercial 1 zone will not require a planing permit. Neighbouring inner city residents will not have any appeal rights and Councils will not be able to object or refuse the proposed use, instead the Council would have to rely on heritage overlays and built form permits to protect residential amenity.


Shown on the planning scheme map as B1Z, B2Z, B5Z or C1Z.
To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses.
To provide for residential uses at densities complementary
to the role and scale of the commercial centre.
34.01-1 Table of uses
Section 1 – Permit not required

  • Retail premises (other than Shop)
  • Shop (other than Adult sex bookshop)

The defination of retail premises includes:

  • Food and drink premises
  • Gambling premises
  • Landscape gardening supplies
  • Manufacturing sales
  • Market
  • Motor vehicle, boat, or caravan sales
  • Postal agency
  • Primary produce
  • sales
  • Shop
  • Trade supplies

The defination of Food and drink premises includes:

Convenience restaurant

Take away food premises

Previously Business 1 zone (To be phased out on July 1) listed under


34.01-1 Section 1 – Permit not required

Food and drink premises (other than Hotel, Restaurant and Tavern)

34.01-2 Section 2 – Permit required

Retail premises (other than Betting agency, Food and drink premises, Postal agency, Shop, and Trade supplies)