A CONTROVERSIAL $1.5 million development of a Subway restaurant at Robinvale has been quashed by the Victorian Civil and Administrative Tribunal (VCAT).
The construction of the proposed 24-hour eatery, which would have included indoor and alfresco dining, a carpark and drive-thru, has been a point of contention for a vocal group of residents since 2018 when Swan Hill Rural City Council (SHRCC) was approached to sell a parcel of residential land on Bromley Road for the purpose of establishing a Subway restaurant.
In 2020, councillors voted in favour of granting a planning permit however the opposing group lodged an appeal with VCAT in a last-ditch attempt to stop the construction.
On Monday, VCAT handed down its decision – that using the land for a Subway restaurant was “not appropriate”.
VCAT member Michael Deidun said that while the Swan Hill Planning Scheme allowed for consideration of such a development on the land, it was outside Robinvale’s town centre and not a preferred location for retailers.
It was noted that SHRCC supported the proposed location and development even though it was not in line with the Robinvale Framework Plan.
Mr Deidun said, in his experience, decisions to divert from long-term strategic plans could be tempting especially in places where it was hard to attract new development.
But said good strategic planning supported long-term goals that sometimes conflicted with short-term opportunities.
In his submission, planning consultant Roy Costa, who represents Subway’s franchise owner, said the site was functionally part of the town centre.
He also said the development would support the growth of Robinvale and provide economic and employment opportunities for the region.
Mr Deidun said he did not accept the first submission saying the site was physically separated from the town centre by Bromley Road, which forms part of the Murray Valley Highway.
The VCAT member acknowledged that while the development would bring benefits to the town, it would achieve the same result if it was located within the town centre.
Throughout the process, the group of residents opposing the development said they had concerns around planning and zoning, traffic congestion, pedestrian safety, the proposed building and questioned whether it would tie in with the character of the existing neighbourhood.
Addressing one of the concerns, Mr Deidun said he agreed the proposed development would not complement the surrounding public parkland despite Mr Costa’s proposed landscaping at the development site.
The decision to overturn SHRCC’s granting of the planning permit followed a VCAT hearing of the matter in September.
