By JESSE GRAHAM
Owner says it’s time the council paid up…
A businessman is demanding Yarra Ranges Council pay him back the money he has wasted at VCAT to overturn planning restrictions.
However, the council says it stands by its decision and will fight any claim.
Healesville’s Fluid Lounge owner Garry Christie said he has submitted a claim for “tens of thousands of dollars” against the Yarra Ranges Council for costs relating to two hearings at the Victorian Civil and Administrative Tribunal (VCAT).
Mr Christie said the VCAT hearings to resolve conditions on a planning permit he put to the council in April were unnecessary because he warned the council that the conditions could not be legally upheld.
He said the claim against the Yarra Ranges Council would be for roughly half the costs he incurred during the legal process, which he said earlier in the year was over $40,000, and that VCAT had confirmed that his claim had merit.
“This isn’t a grab for cash,” Mr Christie said.
“I believe there was a fundamental error – months and months in advance, I told council they (the conditions) were illegal.”
Mr Christie said that, once his claim has been finalised, Yarra Ranges Council will have the chance to file a counter-claim against him.
Yarra Ranges Council’s Director of Planning, Building and health Andrew Paxton said that Mr Christie has a right to seek costs through the VCAT process, but that council officers will defend their decisions.
When asked if the council would be making a counter-claim against Mr Christie for costs incurred, Mr Paxton said it could be possible.
“With all cost arguments council has the right or ability to seek costs, and often does, to avoid the broader community paying for such processes,” he said.
Mr Christie’s permit was to extend opening hours for the venue to 5am on Fridays and Saturdays and to extend patron levels to 300.
Yarra Ranges Council refused to grant an extension and allowed an extension of patron levels to 150 if Mr Christie provided $38,500 as cash-in-lieu for parking amenities and provided a courtesy bus for visitors.
Mr Christie, a former council employee, appealed against the decision to VCAT in May after repeatedly informing council staff that the conditions could not be legally upheld, as they were not in the planning scheme.
In the May meeting, Yarra Ranges Council dropped the conditions in its opening statements.
The two parties met again in August to discuss the extension of opening hours and VCAT member Guy Rundle decided in favour of the council.
Under the VCAT decision, alcohol cannot be sold or consumed outside 9am-midnight on Sunday to Thursday and 9am-1am on Fridays and Saturdays.
Mr Christie will also have six occasions where alcohol can be sold and consumed until 3am between October this year and March 2014, though approval will be needed from the liquor licensing body.
Mr Christie said that an amendment to the state zoning laws in July saw Fluid Lounge change to a Commercial 1 zone, meaning that it is now classed as a tavern and has no restrictions on its opening hours.
However, in order to sell and allow consumption of alcohol at the site outside the currently accepted hours, the Yarra Ranges Council must grant a permit to Mr Christie, who would then apply to the liquor licensing body.
Mr Christie said he would make another submission to the council for an extension of hours for the sale and consumption of alcohol as a result of the zoning change.
He said he was working with a Yarra Ranges Council Planning Officer on the matter and Mr Paxton welcomed Mr Christie’s new application.
“We look forward to seeing the application that Mr Christie is suggestion he will be putting forward and will facilitate it through the planning process as per any other application,” Mr Paxton said.
