City res­i­dents re­lieved as Big Boys with­draws its bid for adult book­shop

Wangaratta Chronicle - - What's On This Weekend - By SALLY EVANS

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AN adult sex book­shop will not open in Wan­garatta after an ap­peal to the Vic­to­rian Civil and Ad­min­is­tra­tive Tri­bunal (VCAT) was aban­doned yes­ter­day.

The ap­peal was made by the Big Boys Shed, which sought to par­ti­tion its Tone Road premises to sell porno­graphic ma­te­rial in­clud­ing mag­a­zines, DVDs and lin­gerie.

It fol­lowed a de­ci­sion by the Ru­ral City of Wan­garatta to refuse the de­vel­op­ment on the grounds it would be detri­men­tal to the amenity of the sur­round­ing neigh­bour­hood.

But the ap­peal was with­drawn at the last minute yes­ter­day, just as the busi­ness own­ers, coun­cil and ob­jec­tors to the de­vel­op­ment were due in the Wan­garatta Mag­is­trates’ Court to start the two-day VCAT hear­ing.

Big Boys Shed co-owner, Craig Pa­trick, said it was now the in­ten­tion to sell the busi­ness and in­ves­ti­gate op­tions of open­ing an adult book­shop in an­other town.

“Over the last few weeks we de­cided we were go­ing to look at a dif­fer­ent area for that,” he said.

The re­sult has been wel­comed by ru­ral city mayor, Don Joyce, who said coun­cil was re­spond­ing to lo­cal com­mu­nity con­cerns in not al­low­ing the de­vel­op­ment to go ahead.

“We rep­re­sented (the ob­jec­tors’) views well, coun­cil lis­tened to them, acted for them and I be­lieve it’s a good re­sult,” he said.

“The de­ci­sion was made on amenity grounds and we’re very pleased with the out­come.”

De­nis O’Cal­laghan from lo­cal le­gal firm, Nevin Lenne and Gross, rep­re­sented a group of Tone Road res­i­dents who had ob­jected to the x-rated pro­posal.

Mr O’Cal­laghan said his clients were “ex­tremely re­lieved” with the out­come, which pro­hibits the sale of porno­graphic ma­te­rial right

Fri­day, September 28, 2007 PHOTO: Si­mone Gladi­gau

RE­LIEVED: Tone Road res­i­dents Jo Ze­in­stra, Peter and So­phie Freis­chmidt, Ray Gaskell and Henk Ze­in­stra cel­e­brate their win over plans for a sex shop. next door to them.

“Some of the Tone Road res­i­dents have lived in houses in the same block as the Big Boys Shed and Kelly Coun­try Fruits for more than 30 years,” he said.

“In one case, for more than 50 years.

“Our clients have tol­er­ated hav­ing the cur­rent busi­nesses op­er­at­ing right next door, and are pleased that Mr Pa­trick has cur­tailed his plan to pro­ceed with the sex shop.”

VCAT also ap­proved amend­ments to the orig­i­nal per­mit is­sued by coun­cil to op­er­ate the Big Boys Shed to en­sure the plan­ning scheme pro­vi­sions were com­plied with.

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