By Cam Lucadou-Wells
A proposed bottle shop directly opposite Noble Park Aquatic Centre has been given the all-clear despite Greater Dandenong Council’s objection.
The Victorian Civil and Administrative Tribunal (VCAT) approved the outlet on a former Nando’s site, which adjoins a Subway eatery, at 1115 Heatherton Road on 5 May.
The decision overturned Greater Dandenong’s refusal of the permit.
VCAT Member Mary-Anne Taranto rejected the council’s main opposing argument – that the liquor outlet was unsuitable to its “gateway location” at the corner of Lightwood and Heatherton roads.
The area included SkyRail works and improved recreational facilities such as NPAC, skate park, playground and the Djerring shared trail.
“The council says that this proposal in this location would detract from these positive and significant improvements,” Ms Taranto stated.
The council also argued the proposed opening hours until 11pm were “excessive for this sensitive context”.
Ms Taranto agreed with the applicant Skyways Pty Ltd that there was no evidence of liquor outlets causing “significant” anti-social behaviour in the area.
The higher levels of alcohol-related harm in Noble Park were likely due to factors other than the “density of licensed premises and availability of alcohol in a spatial sense”.
There were no objections from Victoria Police and the Victorian Commission for Gambling and Liquor Regulation (VCGLR), Ms Taranto noted.
“It is also asserted (by Skyways) that the proposal is of a relatively modest scale, is in a location that enjoys good levels of public surveillance and with an appropriate management regime can operate without causing unreasonable off-site impacts.”
Skyways proposed CCTV monitoring of the outlet’s car park.
Ms Taranto said the bottle shop was unlikely to lead to a “significant diminution” of the improvements in the area, but its intensity should be “tempered”.
She imposed earlier closing times of 10pm on weekdays and 9pm on weekends.
