VCAT - Dogs club ‘vital’ - **new article update 09/02/10**

[Remi Moses]

Council fails to block Bulldog Hilton

Damian Barret - From: Herald Sun - December 16, 2009 9:51PM

IT TOOK five years of messy legal wrangling, but the Western Bulldogs were yesterday given a resounding all clear to forge ahead with their lofty "Bulldog Hilton" concept.

The Victorian Civil and Administrative Tribunal found strongly in the Dogs' favour, and against Maribyrnong City Council, that the planned hotel, entertainment and gaming venue in Edgewater precinct be allowed to proceed.

The "Bulldog Hilton", about 2km from the Dogs' recently renovated Whitten Oval headquarters, will serve as the club's social base.

Article in full...

Great news . The council has wasted 1.5 million of taxpayers moneySuppose they'll regain tat by slinging poor unsuspecting motorists that dare stop in Footscray

[LostDoggy]

This is the bet news to come from the Dogs for a long, long time.

This gives us a real opportunity to become self-sufficient and gives great hope for the long term future of the Dogs.

Once again many thanks to the professionalism of Campbell Rose and the President.

[LostDoggy]

Great news . The council has wasted 1.5 million of taxpayers moneySuppose they'll regain tat by slinging poor unsuspecting motorists that dare stop in Footscray

Yep...Most councils are a waste of time and money!! We (doggies fans and voters) should never forget the role the Greens played in this saga....pure political point scoring!! They owe us 18 months revenue from this development IMO!

[LostDoggy]

For those that like details:
http://www.austlii.edu.au/au/cases/v...2009/2616.html

[divvydan]

Some points from the decision.

-The location and premises are appropriate for the location of gaming machines.

-The positive benefits of the proposal are that there will be no increase in the number of gaming venues in Maribyrnong. The number of gaming machines in highly disadvantaged areas are to be relocated to Edgewater a less disadvantaged area.

-There will be an overall reduction in gaming expenditure in the municipality. The venue will provide a social facility for the new suburb of Edgewater. The proposal will provide construction and ongoing employment benefits.

-The make up of the community will not change as a result of the presence of gaming at Edgewater as the residents currently live within close proximity to gaming venues.

There are a couple of other factors which helped us win this decision.

-The revised layout of the development addresses a number of amenity concerns raised by the residents in relation to car parking and noise.

-The gaming component within the venue is a small part of the overall facility. It is significant that the venue is to be a club rather than a hotel.

The two major arguments were over the pokie machines and to a lesser extent, the car parking. As you can see, we made some changes to the car parking and then the commission found that the net effect of the pokie machines weren't negative.

[Prince Imperial]

It's a very strong decision in the club's favour.

Our planning application appears to have been approved with only minor further restrictions (the gaming room to be open only from 11am and for there to be no smokers' room nearby it). These seem to be sensible conditions to help alleviate problem gambling.

Of course, the Council could decide to appeal to the Supreme Court if they believe that there is an error of law in the Tribunal's reasoning. If they were successful, the matter would be returned to VCAT to be redetermined according to law. So its not necessarily all over red rover. Let us hope though sense prevails and that further rate payer funds (and ours) are not wasted by such a course of action.

[comrade]

Of course, the Council could decide to appeal to the Supreme Court if they believe that there is an error of law in the Tribunal's reasoning. If they were successful, the matter would be returned to VCAT to be redetermined according to law. So its not necessarily all over red rover. Let us hope though sense prevails and that further rate payer funds (and ours) are not wasted by such a course of action.

I wouldn't put it past RAIDM to draw this out for as long as possible.

[Prince Imperial]

I wouldn't put it past RAIDM to draw this out for as long as possible.

True, but they would have to come up with the big dollars to pay for the barristers and solicitors. And they would face the risk of costs being awarded against them if they were unsuccessful. It would be a huge gamble for a small association. I'm more concerned about the Council as for them it is the ratepayers money and not personally their own.

[Remi Moses]

Yep...Most councils are a waste of time and money!! We (doggies fans and voters) should never forget the role the Greens played in this saga....pure political point scoring!! They owe us 18 months revenue from this development IMO!

Dear me the Greens!! Political crackpots the lot of them. I just love the Johnny Come lately's think they can use a long loved institute [Our Club] as apolitical football.Our football club has been around since 1883 you've been here for bloody five minutes!!!

[LostDoggy]

Some points from the decision.

-The location and premises are appropriate for the location of gaming machines.

-The positive benefits of the proposal are that there will be no increase in the number of gaming venues in Maribyrnong. The number of gaming machines in highly disadvantaged areas are to be relocated to Edgewater a less disadvantaged area.

-There will be an overall reduction in gaming expenditure in the municipality. The venue will provide a social facility for the new suburb of Edgewater. The proposal will provide construction and ongoing employment benefits.

-The make up of the community will not change as a result of the presence of gaming at Edgewater as the residents currently live within close proximity to gaming venues.

There are a couple of other factors which helped us win this decision.

-The revised layout of the development addresses a number of amenity concerns raised by the residents in relation to car parking and noise.

-The gaming component within the venue is a small part of the overall facility. It is significant that the venue is to be a club rather than a hotel.

The two major arguments were over the pokie machines and to a lesser extent, the car parking. As you can see, we made some changes to the car parking and then the commission found that the net effect of the pokie machines weren't negative.

Er. Exactly what I said in a post 12 months ago.

What a waste of time and taxpayer dollars. Just finished working on a similar case out in the city of Monash (not on as large a scale of course) and VCAT also found the same. I've done work on both sides of the divide (for both councils and private developers) and sometimes common sense just isn't the order of the day -- I think ideals are important, but there has to be a balance between ideology and pragmatism, and in this case, the council was playing politics with the few local residents who had some weird ideological axe to grind.

[Prince Imperial]

Reading the decison a bit closer today some things become apparent.

One of the key issues in the case was whether under the terms of the legislation "the net economic and social impact of the approval will not be detrimental to the community...". In fact, the Tribunal found "the positive impacts of the proposal outweigh features that may be detrimental to the well-being of the community". In other words, we more than met the key criterion for the transfer of the machines.

Another key issue was the adequacy of the carparking. The Tribunal in fact found that the number of spaces was "remarkably generous".

The Council have been absolutely walloped in this matter on all issues to which they objected and it really is a bad reflection on the competence of their town planning staff who prepared such strong advice that the proposal was unlawful and should not be approved. Though a different matter, it is further evidence that their objections to Vic Uni involvement in the Whitten Oval were also baseless.

It is very comforting to know the Council has been relieved of its responsibilities of our Oval.

[The Coon Dog]

It is very comforting to know the Council has been relieved of its responsibilities of our Oval.

Perhaps the only downside is that the surface of the Whitten Oval is superb & the Council employees do a fantastic job maintaining it for the players.

When the club becomes responsible, they'll need to tender it out, so I hope in the future its maintained in the same manner.

[Prince Imperial]

Perhaps the only downside is that the surface of the Whitten Oval is superb & the Council employees do a fantastic job maintaining it for the players.

When the club becomes responsible, they'll need to tender it out, so I hope in the future its maintained in the same manner.

Fair enough, though it may be the state govt agency as the overall manager of the land that does the tendering out of this function. I don't know really. Maybe the Council could put in a tender?

[The Coon Dog]

I don't know really. Maybe the Council could put in a tender?

Now that would be ironic!

[Twodogs]

Maybe the Council could put in a tender?

They wouldnt have the hide. Or the brains.



Maybe the crew who look after it now can form their own company and tender for the work.