By Ed Merrison
KNOX City Council has vowed to fight an appeal against its decision to turn down a planning application for an adult entertainment venue in Boronia.
The council also moved last week to allay the fears of residents who made about 340 submissions against the initial application for a proposed strip club at 1/91A Boronia Road and who celebrated its unanimous refusal by the council in April.
“People in Knox are deeply concerned that (the Victorian Civil and Administrative Tribunal) will overturn council’s decision,” Baird Ward councillor Jim Penna said.
“Council wants to do everything it can to prevent this occurring.”
Permit applicant PKS Pty Ltd lodged an appeal with VCAT on Friday, 23 June although no date has yet been set for the hearing.
In accordance with a resolution undertaken at the time of the permit refusal, the council wrote to Planning Minister Rob Hulls on Friday, 30 June requesting that Mr Hulls intervene and decide the matter himself.
In the letter, the council’s director of city development Steve Dunn restated the council’s belief that the question of sexually explicit venues within activity centres was of statewide significance.
Mr Dunn warned that, if permitted, such venues “will severely restrict the ability of activity centres to reach their potential as vibrant and active places as suggested in policies such as Melbourne 2030”.
“In the interests of proper planning, this application should not be determined by the tribunal at this time, but rather should be considered by (Mr Hulls),” Mr Dunn wrote.
A spokeswoman for Mr Hulls said yesterday (Monday) that the council’s letter had been received and a brief was being prepared for Mr Hulls.
“The Minister will consider the brief and the department’s advice when he receives it,” the spokesman said.
It is not the first Mr Hulls has heard of the matter.
The council included the Planning Minister on a list of recipients of a May letter to Premier Steve Bracks requesting that the State Government ban adult entertainment venues and sex bookshops within shopping precincts.
Mr Bracks responded in June by saying local governments were better placed to deal with such matters and could do so by including relevant provisions within their local planning scheme.
Responding to Mr Bracks’s advice, Mr Dunn said council planning provisions would not be as effective as a statewide ban and said he was disappointed the government had chosen not to act.
But Cr Penna said the council would continue to work with the State Government to achieve its desired planning objective of banning such venues.
“Council is preparing a planning policy requesting the Minister for Planning to approve it on an interim basis.
“This would allow council to prepare, exhibit and receive submissions on a permanent policy to the planning scheme,” he said.
Cr Penna said those who sent written objections to the original application had the right to participate in the VCAT hearing and should have been notified of the appeal’s details by the applicant.
In the meantime, Cr Penna said he and Chandler Ward councillor Monique Davey would be pleased to meet with concerned traders and residents.
“Council understand the community’s concerns and will strongly advocate on their behalf,” he said.
Despite its efforts, The Mail was unable to reach the applicant for comment.
Strip club fight
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