- As the operator of the Caledonian Hotel in Echuca, Melkat Pty Ltd wanted to install electronic gaming machines (EGMs) and was required to apply for a permit.
- However, the council defined the land where the hotel was located as a strip shopping centre and EGMs were prohibited in these locations.
- Melkat then applied for a declaration from the tribunal under section 149A of thePlanning and Environment Act 1987 that the land was not a strip shopping centre as defined in the Planning Scheme.
- The application for a declaration was refused.
- The tribunal found the land met all the requirements of a strip shopping centre as it was:
- Zoned for business use; and
- A large portion of the buildings were shops (approximately 35 shops of 57 buildings as vacant shop fronts could still be considered).
- VCAT decision – Melkat Pty Ltd v Campaspe Shire Council
See our infographic on the Campaspe Shire Council and compare its pokies statistics with other councils across Victoria.