VCAT upholds council’s Drouin fitness refusal DROUIN DENTURE CLINIC

A local gymnasium owner has lost his bid to establish a fitness centre at the former Landmark site in Drouin.

The Victorian Civil and Administrative Tribunal upheld Baw Baw Shire’s decision to refuse Anthony Alderuccio’s application for a 24-hour fitness centre.

Mr Alderuccio, who is director of Voyage gymnasiums in Warragul, Leongatha, Pakenham, Swan Hill, Warwick and Wonthaggi, appealed council’s decision at VCAT.

VCAT member Peter Gaschk said Mr Alderuccio failed to “satisfactorily address amenity issues.”

Mr Gaschk said there were significant off-site amenity impacts including noise, parking and traffic matters.

“These matters have not been satisfactorily addressed to ensure the amenity of this established residential neighbourhood is maintained at an acceptable level,”

The Calway St site is currently used and developed as warehouses consisting of three connected buildings with associated offices. One of the warehouses is vacant.

The proposal, considered by council last year, was for a fitness centre to be open 24 hours a day, seven days a week with a maximum capacity of 50 patrons.

The proposal was for supervised group fitness classes of 20 people per class between 6am and 10pm Monday to Friday; while members would have 24 hour access.

The building proposed to include a ground level and mezzanine floor and 15 new car spaces on site.

When the matter was considered by council, a number of residents opposed establishment of a gym on the site, raising concerns about noise, scale of the operation, access and security, traffic and parking, general amenity, hours of operation and neighbourhood character.

Mr Alderuccio told VCAT the site was appropriate given the non-residential history of the site.

He said it would provide a net community benefit by contributing toward improved health and well-being.

Mr Alderuccio submitted the proposal made efficient use of existing infrastructure and does not compete with similar uses already located within the CBD.

He said providing a fitness centre in Drouin was responding to community needs.

Mr Gaschk said he was satisfied the use would achieve appropriate health and wellbeing outcomes and result in some economic and social benefits.

He noted the Drouin Structure Plan identified a large area of land immediately north of the site, between Buln Buln Rd and the Princes Freeway, designated for future residential expansion.

“As a consequence of this local policy, I consider there will be ongoing pressure for new residential development to capitalise on existing vacant residential zoned land located around the Drouin CBD.

“Even if I am wrong on this, I note the council confirmed there were no plans to rezone the review site from its current residential zoning,” he said.

While acknowledging the health benefits, Mr Gaschk said the key question to be considered was whether the location for the proposed use and development was appropriate.

Council submitted that non-residential uses should be only allowed where they do not detract from the amenity of the area or have detrimental off-site amenity impacts caused by noise, traffic, lighting or loss of security.

“The council says locating the use within an established residential area, without a main road abuttal or corner location, increases amenity risks associated with noise, vehicular movements, patron behaviour, operating hours and car parking.

“It also says the site is distant from the Drouin town centre, poorly serviced by public transport and poorly connected for cyclists and pedestrians,” he said.

Objectors told VCAT the proposed use will create adverse amenity impacts, saying the commercial scale, 24-hour use and nature of the proposal in an established residential zone, was not consistent with the residential setting of their neighbourhood.

After visiting the site, Mr Gaschk said he shared council’s concerns about the physical setting of the site and potential for increased amenity impacts on existing residents in this established residential neighbourhood.

“I do not consider this is a low impact use in the context of existing residential amenity considerations.

“It is significant that the use will operate across a 24-hour period each day and introduces up to 50 patrons and additional staff on the site at any one time.

Mr Gaschk said he also had concerns about traffic management, parking demands and impacts on surrounding residential streets

“Any significant shortfall of on-site parking for the fitness centre, will lead to on-street parking pressure and disruptions to traffic flows in Calway Street.

“In turn, this will lead to additional adverse impacts on the amenity of surrounding residential proprieties in this neighbourhood,” he said.