Greater Dandenong Council’s refusal of a proposed shisha lounge in Noble Park on health and public amenity grounds has been overturned by the state’s planning tribunal.
The ‘1001 Nights Shisha Café’ had already begun operating without a planning permit in a row of six shops at 101 Lightwood Road.
According to the council, it sparked several complaints from several nearby residents.
They included litter of plastic shisha mouthpieces, shisha tobacco odour, music and patron noise and anti-social behaviour that required police callouts.
A resident objector said the lounge was a “honey pot” for undesirable people and poor behaviour such as fights up to 2am.
“The use is referred to as a night club in a residential area, especially on Saturday nights,” Victorian Civil and Administrative Tribunal member Cindy Wilson noted.
Upon advice from the council, proponent Wang Republic Pty Ptd submitted a planning application, which was then refused.
Wang Republic appealed the council decision at VCAT, seeking a permit to operate until a 2am closing time, seven days a week.
It would serve coffee, soft drinks, snacks and shisha to up to 30 patrons in several smoking rooms.
Wang Republic argued that some of the litter included alcohol bottles and some of the anti-social behaviour could come from other late-night businesses nearby.
VCAT Member Ms Wilson said the proposal was acceptable with conditions, such as closing the shisha lounge at 11pm, preventing shisha use outdoors and complying with legislated noise limits.
She noted the operator installed CCTV and a rubbish bin at the exit.
“This is not a night club. It does not include live music or serve alcohol or provide gaming facilities.
“The numbers catered for are confined.”
Ms Wilson agreed with a VCAT ruling that approved a shisha lounge in Cheltenham Road, Dandenong in 2020 that public health grounds were irrelevant.
It was not the role of the planning system to “effectively outlaw” a “legal and legitimate activity” in Greater Dandenong, VCAT ruled last year.
Greater Dandenong Council has rejected planning applications for shisha lounges in the past.
It has also lobbied for the regulation of smoking shisha in 2013 and 2015.
Greater Dandenong city planning acting director Brett Jackson said the council was reviewing the decision.
“(We) will consider it as part of any similar applications in the future.”
