Maribyrnong council has slammed planning laws that have paved the way for Australia’s first development with residential apartments above a pokies venue.
Councillors last week voted to reverse their February rejection of a late amendment to plans for the development housing the Western Bulldogs’ $30 million Edgewater Club, claiming legal advice showed the council was powerless to stop a fifth storey of 12 split-level apartments being added to the project.
Maribyrnong mayor Nam Quach told Star Weekly the council’s hands were tied after developer Prizac Investments lodged an application to have the matter heard by the Victorian Civil and Administrative Tribunal. Cr Quach accused the developer of a “cunning” last-minute addition to the development, which is already under construction.
“It’s sneaky, cheeky and takes the community for granted,” he said. “To sneak this in at the back end puts the council in a very difficult position.”
The council, which has waged a campaign against pokies, lost an expensive legal fight against the original Edgewater Club development, at 31 Edgewater Boulevard, in 2010.
Despite the club being opposed by more than 2500 residents, VCAT set aside the council’s refusal of a four-storey building housing a sports bar, bistro, cafe, function space, 50 hotel rooms and a gaming lounge with 70 gaming machines.
Western Bulldogs acting chief executive Michael Quinn was quick to distance the club from the developer’s move to cut the number of hotel rooms to 38 while adding 12 apartments.
“The application has been made by the owner- developer Prizac. The Western Bulldogs are not involved with the application,” he said.
Star Weekly contacted Prizac Investments, but a man who would not identify himself refused to answer questions and hung up.
Cr Quach said the council was wary that fighting the last-minute addition in VCAT could create a precedent that opened the floodgates for similar developments.
Maribyrnong council will write to Planning Minister Richard Wynne seeking changes to the state planning policy to prevent gaming machines being located in residential buildings.
The council will also write to Gaming Minister Jane Garrett calling for stronger powers to veto pokies in areas likely to have a net detriment to the community. A government spokeswoman said the ministers would look into the council’s concerns.
Monash University School of Public Health senior lecturer Charles Livingstone said the mix of residential dwellings and gaming machines would set an alarming precedent.
“People living in the same building as gaming machines are going to find a unique opportunity for accessibility to gaming,” he said.