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[2013] VCAT 954
Victorian Civil and Administrative Tribunal
2013-06-24
Original judgment source is linked above.
A permit is granted for the installation and use of 30 electronic gaming machines and the use of the land for Gaming premises in accordance with the endorsed plans provided for in the following conditions which are to be the conditions in relation to this permit.
(a) on Good Friday and Anzac Day between 12 noon and 11pm; and
(c) on any other day, between 10am and 1am the day following.
(a) transport of materials, good or commodities to or from the land;
(b) appearance of any building, works or materials;
(c) emissions of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; or
(a) the development is not started within two years of the date of this permit;
(b) the development is not completed within four years of the date of this permit; or
(c) The use is not commenced within five years of the date of this permit.
The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires or within six months afterwards in the case of an extension to commence the development or use or within 12 months after the permit expires in the case of an extension to complete the development.
[1] The notions of commercial hub and community hub come up in some local policy provisions which we will refer to later
[2] Colliers International "The State of Gaming in Victoria - What it Means to Pubs and Clubs - Autumn 2012" gives 11.89% of total taxation in 2010-11 revenue from gambling with 7.17% from EGMs.
[3] [2012] VCAT 1920, a case heard by the current presiding member
[4] Amendment C97 gazetted on 16 May 2013 introduced a new MSS and a revised clause 21.04. However, that amendment does not alter the provisions or clause number relating to gaming machines.
[5] That is our recollection of the expression he used for the worst category of problem gambling.
[6] [2013] VCAT 444, a case where the presiding member sat with Ms Tracey Bilsten-McGillen, a planner member of this Tribunal.
[8] Not only clause 52.28, as all the Victorian Planning Provisions appear in the Yarra Ranges Planning Scheme as they do in all Victorian municipal planning schemes.
[10] The Tribunal's purposes in the Beretta's case
[11] [2007] VCAT 1396. This case was determined by two highly experienced planner members who are lawyers.
[12] [2009] VCAT 2616, a case presided over by a lawyer senior member sitting with an experienced planning member.
[16] Who appeared for the responsible authority in that case.
[21] (2008) 29 VPR 271; [2008] VSCA 45.
Pink Hills Hotel Pty Ltd
Yarra Ranges SC & Ors [2013] VCAT 954
Beretta's Langwarrin Pty Ltd v Frankston CC, [2009] VCAT 74
Walker Corporation Pty Ltd v Wyndham CC, [2007] VCAT 1396
Prizac Investments Pty Ltd v Maribyrnong CC, [2009] VCAT 2616
CK & Sons Pty Ltd v Bayside CC, [2010] VCAT 505
Bright Newbay Pty Ltd v Bayside CC, [2010] VCAT 1347
Sayers Property Holdings Pty Ltd v Wyndham CC, [2010] VCAT 1364
De Group Pty Ltd v Wyndham CC, [2010] VCAT 607
SJ Beaumont Investments Pty Ltd v Warrnambool CC, [2013] VCAT 366
Flying Horse Bar and Brewery Pty Ltd v Warrnambool CC [2012] VCAT 1920
Queensberry Hotel Pty Ltd v Minister for Planning and Community Development [2013] VCAT 444
City of Whittlesea v Victorian Commission for Gambling and Liquor Regulation [2013] VCAT 26
Macedon Ranges v Romsey Hotel Pty Ltd (2008) 29 VPR 271; [2008] VSCA 45