Lakeside redevelopment to continue following VCAT ruling

By Simon Ruppert

Jan 12, 2023

Under construction: VCAT has ruled that Benalla's Visitor Information Centre redevelopment at 14 Mair St can continue as planned. Photo by Simon Ruppert

The development of a new cinema and café alongside an upgraded Costume and Kelly Museum and Visitor information centre will continue on the banks of Lake Benalla.

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The contentious development had been taken to the Victorian Civil and Administrative Tribunal by concerned members of the community driven, in part, by what they felt was a lack of adequate consultation.

VCAT found that it could not conclude the proposed uses fit the definition of a cinema-based entertainment facility, which would be prohibited at the site due to planning restrictions.

It confirmed it saw the proposal as a ‘place of assembly’, which is a permitted use.

Benalla Rural City Council Mayor Bernie Hearn said she was pleased VCAT had found in favour of council, allowing the redevelopment at 14 Mair St to proceed as planned.

“At the hearing, council was able to prove that the cinema component of the development was not the primary activity to be undertaken at the redeveloped site,” Cr Hearn said.

“Once the new centre opens, visitors to our region will enjoy a modern visitor experience while users of the splash park will be pleased to see toilets and change facilities delivered.

“This is a great result for the community, and council is pleased to be able to offer a future space for the community to come together, celebrate our lake, our history and our future in a modern lakeside facility.”

VCAT applicants David Blore and Jane Rushworth noted they still had serious concerns over the development, including:

a failure to consult with the community in any way in developing this project;
the provision of information in good time;
the longer-term financial viability of the cinema and potential future impacts on the council’s budget;
the positioning of the cinema with tiered flooring below the one-in-100-years flood level;
a failure to undertake a Cultural Heritage Management Plan specifically for this project to the satisfaction of the Registered Aboriginal Party; and
implications of the proposed café opening hours (7am to 9.30pm seven days a week, as stated by council to VCAT) on the nearly 30 other café and coffee outlet proprietors in Benalla.

Mr Blore and Ms Rushworth said that despite the cost and effort involved, the application produced valuable outcomes for the community, particularly in gaining access to previously hidden information.

“Our primary motivation for going to VCAT was the disturbing lack of community engagement and information from council,” Ms Rushworth said.

“Now that the VCAT process is concluded, and in light of VCAT’s observations, we anticipate Benalla Rural City Council’s approach to effective and meaningful community engagement ... will now align much more strongly with legislative and values-driven expectations.”