The brief
Monash City Council refused a permit under Clause 34.02-1 for the use of an existing Commercial 2 Zone premises as a place of assembly. The site was in a Commercial 2 Zone within Design and Development Overlay 5, set against a commercial/residential interface, and the refusal raised amenity and character concerns about a relatively novel use at this location. The applicant lodged a Section 77 review at VCAT.
How we handled it
Frank Perry appeared for the applicant as the town planner at the VCAT hearing on 8 March 2024. The case focused on the planning measures available to control a place of assembly use — patron caps, hours of operation, acoustic compliance, and a patron management plan — and on the suitability of the established commercial premises, which had previously operated as an office, a 24-hour gymnasium and a photography studio.
The result
VCAT reference P917/2023. On 8 March 2024 the Tribunal (Member Katherine Paterson) set aside the Council's refusal and directed a permit to issue, subject to conditions capping patrons at 60, limiting hours, and requiring an acoustic report and patron management plan.