By Paul Dunlop
A BID to open another sex shop in Pakenham is headed for the state planning tribunal.
Sextastic Adult Variety Stores has lodged an application for review with the Victorian Civil and Administrative Tribunal (VCAT) against Cardinia Shire Council’s refusal to grant a planning permit for a shop in Michael Street.
Councillors said the proposal was too close to future residential development.
But Sextastic managing director Jodie Gowans said she was disappointed with the council’s attitude.
“We did everything asked of us by council regarding a suitable site that meets the planning criteria,” Mrs Gowans said.
“The community support has been fantastic and we have built up a very strong customer base from Pakenham over the past three years.”
Mrs Gowans said Sextastic had been successful at VCAT in the past with its Hallam store fighting the City of Casey in 2002.
She said Sextastic had plans to expand throughout Australia and New Zealand, and Pakenham was the first step in the “battle of expansion”.
When the council refused a permit at a meeting in July, a town planners’ report said the Sextastic proposal generally complied with planning regulations but land about 180 metres to the north was identified for future housing.
An adult bookshop is not allowed within 200 metres of a residential area.
Councillors agreed with officers’ recommendation that the application be refused.
“This is totally inappropriate for this area of Pakenham,” Cr Brett Owen said.
“We need to look to the future and consider what is proposed very close to this business.”
Cr Ed Chatwin also voted against the application on moral grounds. He said adult bookshops went “to the dark side of the human psyche”.
“I find it objectionable and I object,” Cr Chatwin said.
VCAT will hear the application for review in the next few months.