They noted that the rooftop bar proposal was unusual in that most similar venues were located in entertainment precincts while Middle Park Hotel sat in a “quite charming but also fairly petite” activity centre.
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That meant the bar would be set higher for assessing the noise impact of the venue on its “dormitory” surrounds.
“Charming and enviable area though it is, Middle Park is not exempt from this process of change,” they said.
“Given the many decades that the Hotel has existed, it seems safe to assume that the Hotel was already operating when any current objector residents chose to live in this area, not the other way around.”
They noted the deck would have no stage for a band, no dedicated dance floor and that the pub was not a known live music venue.
They still accepted that patron noise would likely have the greatest impact on the neighbouring properties.
Despite the loss at VCAT, Adrian King, president of the local group Preserving Middle Park Village, said opposition to the redevelopment would continue.
“There is a long way to go. This race has had more twists and turns than a snake with an itch. It’s a race that’s stopped a village and over 2000 objectors. This is Middle Park’s The Castle moment,” he said.
As well as requiring the use of noise limiting technology, the tribunal members ruled that no bands or DJs would be allowed to perform on the new rooftop, limiting musical options to acoustic solos and duos or recorded background music.
Port Phillip Council told the tribunal it wanted the rooftop closed by 9pm from Sunday through to Thursday and 10 pm on Friday and Saturday nights, while AVC proposed an 11pm curfew all week.
The tribunal struck a middle road setting a 10pm curfew on the deck’s operation as well as a mandated ratio of seats for patrons.
The members also noted that the case was complicated and had taken a long time across four preliminary hearing days and a further five days of substantive hearing.
They also detailed being led on an “evening inspection” of CBD venues the Imperial Hotel and Siglo Bar as well as three other equivalent city venues.
Australian Venue Co general manager - development Yvette Neilson said the company appreciated the opportunity to present the proposed rooftop at Middle Park Hotel to a robust VCAT process.
“[We] are pleased that they saw merit in our planned development,” she said in a statement.
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