The Victorian Civil and Administrative Tribunal (VCAT) has overturned Wyndham council’s bid to prevent the building of a three-storey commercial complex in Sanctuary Lakes.
The challenge, launched by Sanctuary Lakes Village Pty Ltd, came after council refused to grant a planning permit for the 76 Greg Norman Road site in September.
Included in the proposed precinct are a medical centre, an adjoined pharmacy, six food and drink premises, a convenience store, two retail premises and a bottle shop.
Star Weekly reported in September that several residents urged council to reject the plan due to fears increased foot traffic around the site would impact their lifestyles and the service of alcohol would encourage unruly behaviour.
Council made the refusal on the grounds that the plans were inconsistent with noise regulations, light emittance regulations and did not provide enough parking spaces to accommodate the traffic the precinct would generate.
In their submissions to the VCAT, several residents said serving alcohol on site late into the evening might lead to an increase in confrontations with intoxicated patrons.
VCAT rejected the claim that the service of alcohol at the food and drink premises would alter the social fabric of the area.
The ruling contended that there was insufficient evidence to suggest increased anti-social behaviour would arise.
The bottle shop, proposed to operate until 10pm Monday-Thursday and Sunday, and until 11pm Friday-Saturday, was also deemed a reasonable part of the precinct, due to the alcohol being served for take-away consumption, VCAT found.
VCAT did concede that there was technically a cluster of premises licensed to sell alcohol in the area, but that it was not unreasonable to permit another site to operate as well.
The tribunal did not agree with council’s claim that the machinery and generators used at the precinct would violate noise regulations.
