Melbourne City Council v Kingfish Victoria

Significance

• This is the first combined gaming and planning review proceeding where the tribunal has upheld the gaming approval but refused the planning approval.
  

Facts

• Kingfish Victoria Pty Ltd applied for a license for and planning permit for 50 electronic gaming machines (EGMs) for the Exchange Hotel.
  
• Melbourne City Council refused the planning permit but the Victorian Commission for Gambling and Liquor Regulation approved the gaming license
  
• Kingfish Victoria applied to the tribunal for review of the council's refusal of their planning permit and the council applied to the tribunal for review of the commission's approval of the gaming license
  

Decision

• The tribunal upheld both the council and commission's decisions – granting approval for the gaming license and refusal of the planning permit
  
• In reaching its decision, the tribunal considered the venue's close proximity to a social housing facility (that housed elderly and disadvantaged people) and determined:
  
• The gaming approval process involved the balancing of broader considerations about the potential social and economic impacts on the community and found the 'no net detriment to the wellbeing of this community' test was met.
  
• The planning approval assessment required a location-specific assessment and found the proposal was not compatible with the social housing facility and was an unacceptable planning outcome in this particular location.
  

Relevant documents

• Tribunal decision – Melbourne City Council v Kingfish Victoria Pty Ltd
  
• Exchange Hotel commission decision 30 May 2012
  

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