On April 7, 2022, PLP131/22 was lodged with Mitchell Shire Council for a Place of Assembly, including a food and drink premises, display of signage, a car parking reduction and alteration of access to a road in a Transport Zone 2 at 13 Tallarook St, 8 Alexander St and 122 Eliza St.
The following year, the application was advertised and received seven objections, and months later, a Notice of Decision to approve the application, subject to conditions, was issued.
However, an appeal was lodged against council’s decision, and the matter went to VCAT, which in 2024 ordered that it be remitted back to council for reconsideration.
The current application, PLP0131.25.01, is an amended proposal, excluding the previously proposed car parking at 122 Eliza St, and including car parking in a portion of the site at 11 Tallarook St.
During council’s Community Questions and Hearing Meeting on Monday, March 2, seven community submissions were heard objecting to the application in its updated form.
Objectors raised concerns about the perceived flood risks, noise impacts from the cinema, dining area, bowling alley and nearby cars, and increased traffic along Tallarook St.
Seymour resident Carolynne Burgess Blackwell said the development’s aesthetics would also impact the heritage feel of the street.
“Although this development would be an asset to Seymour, it shouldn’t outweigh the functionality, amenity and safety of our community,” she said.
“(The building) does not respond to the country feel or low-scale built form of the area, and diminishes the heritage value of the two homes alongside.”
Ms Burgess Blackwell added that the peak days of the cinema would coincide with the peak use of the nearby Goulburn Valley Hwy and Coles shopping centre opposite.
She also said, in an emergency, firefighting would be restricted due to a number of factors, and pedestrian crossing of Tallarook St, which many might have to do as a result of the lack of onsite parking, could be dangerous.
“We have spoken to hundreds of community members over the last few years, and all of them consider the proposed site unusable due to safety congestion and functionality concerns,” she said.
“The development is disconnected with the physical constraints of the land, and will create safety, functionality and amenity problems, as well as causing increasing flood levels and damage due to the basin we’re in caused by land being raised for previous developments.”
Bill Montgomery, who lives immediately adjacent to the proposed site, said he was primarily concerned about operational noise levels, which, submitter Warren Rode said were expected to “exceed EPA standards by 10 decibels”.
While acoustic fencing has been proposed for either side of the development, excluding the rear, Mr Montgomery said, “the only way it’s going to be helped is with physical separation”.
John Blackwell, who has lived in Tallarook St for over 45 years, concluded the hearings on this matter by talking about fairness, as a retired local business owner.
“I believe it would be extremely unfair on my next-door neighbour to have a 15-metre-high, 45-metre-long wall one metre from their house,” he said.
A representative for the applicant was expected to join the meeting online, but did not attend.
