AVC’s Middle Park Hotel is moving up, hurdling a protracted battle with locals in VCAT for expansion and a rooftop terrace in the ‘quaint’ central Melbourne precinct.
National pub operator Australian Venue Co looked to undertake one of its signature refurbishments on the 134-year-old heritage-listed hotel. The redevelopment application looked to add bar and dining space, increase capacity 44 per cent to 560-pax while reducing parking, and importantly, construct a rooftop bar.
Last week the somewhat controversial application was approved by the Victorian Civil and Administrative Tribunal (VCAT), through member Phil West and senior member Philip Martin, who came to a joint decision in favour of the plans.
Port Phillip Council wanted the Tribunal to have the rooftop close by 10 pm on Friday and Saturday nights and 9pm other nights. AVC had requested 11pm every night. A compromise of 10pm was set for each night of trading.
Multiple conditions were put on the bar’s operation, including a mandated ratio of seats for patrons, no stage or dance floor and a prohibition on bands and DJs, plus requirement of noise limiting technology. Entertainment would be confined to small acoustic acts or recorded background music.
In the ruling, the VCAT members noted that the pub was not known for live music, and that patron noise would likely have the greatest impact on surrounding properties. This played into the unusual nature of the proposal, observed that rooftop bars at most similar venues were located within entertainment precincts, unlike Middle Park. This is said to have set a higher but not insurmountable bar when assessing the noise impact.
“Charming and enviable area though it is, Middle Park is not exempt from this process of change,” stated the ruling.
“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.”
Also addressed was unusual evidence presented by residents opposed to the works, who had hired private investigators to covertly film activity at other pubs operated by AVC.
A petition opposing changes had garnered 1,900 signatures by the end of 2023. The objectors claimed other AVC venues attracted young people more prone to heavy drinking, insisting the MPH was destined to become a “nightclub” and that problematic behaviour would beset Middle Park.
The footage reportedly carried no weight with the Tribunal, which dismissed concerns of late-night activity, stressing that the hotel would have to abide by any conditions imposed.
The case before VCAT was complex, requiring four days of preliminary hearings, followed by a further five days of substantive hearing, and an evening inspection of several AVC venues in the CBD, such as the Imperial Hotel.
“We appreciated the opportunity to present the proposed Middle Park Hotel rooftop terrace as part of the VCAT process and are pleased that the tribunal saw merit in our plans,” said Yvette Nielson, AVC’s General Manager – Development.
Despite the long fight with locals, the group has faith the improvements will prove favourable.
“We have a rigorous internal process that guides decision making for projects such as this, and believe we can add real value to the venue and location,” Neilson adds.
However, the steadfast residents have reputedly raised a $200,000 legal war chest, and Adrian King, president of local group Preserving Middle Park Village told The Age the fight was not over and their opposition would continue, obscurely branding it “Middle Park’s The Castle moment”.
The resident group has 28 days to appeal a decision by VCAT to Victoria’s Supreme Court.
In terms of the project, AVC says it is still in the early planning phase and no construction timeline has been confirmed.
