Moray & Agnew has successfully represented our client in defending a planning approval for an indoor recreation facility within a Moorabbin business park, following a contested proceeding before the Victorian Civil and Administrative Tribunal (VCAT). 

The matter was led by Partner Darren Marx and Counsel, Serena Armstrong. 

The Dispute: Safety, Traffic, and Industrial Zoning 

The proposal had originally been approved by Kingston City Council, but the Owners Corporation of the business park objected to the decision, arguing that: 

• The use was inconsistent with the Industrial 1 Zone (IN1Z) objectives
• The presence of children in an industrial estate created potential safety risks from heavy vehicle movements
• The proposed Patron Management Plan (PMP) would not sufficiently mitigate those risks or could burden other tenants. 

Moray & Agnew’s Submissions 

Moray & Agnew, instructed by the respondent, argued that the proposed use was both appropriate and beneficial in the context of a modern, mixed-use industrial environment. 

Key submissions included that: 

• The operation was modest in scale, limited to ten patrons during business hours, ensuring compatibility with surrounding uses
• Traffic data and expert evidence confirmed low heavy-vehicle activity within the business park
• A comprehensive Patron Management Plan provided for parent supervision, electronic check-ins, and coordinated safety communication with neighbouring tenants. 

Expert evidence from Traffix Group reinforced that there were no traffic or safety reasons to refuse the permit. 

VCAT Findings 

VCAT Member Jane Tait upheld the permit, concluding that the use was consistent with state and local planning policy objectives and would assist in the revitalisation of an older industrial area. 

In her decision, Member Tait found that: 

“The use is compatible with the existing tenancies within the estate and will not compromise the ability of other businesses to function safely and effectively.” 

She also noted that empirical traffic data indicated only three heavy vehicle movements per hour, most being small rigid vehicles, and accepted that the Patron Management Plan would adequately safeguard pedestrians: 

“I am satisfied that the management plan will address safety concerns through measures such as communication with adjoining tenants and supervision of patrons.” 

Outcome and Broader Implications 

The decision confirms that well-managed recreational and community uses can operate harmoniously within established industrial precincts were supported by robust evidence, thoughtful planning controls, and comprehensive management plans.