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Delay sends café plan to tribunal
A proposal by aged care provider Arcare to operate a public café within its new Werribee facility will be decided by the Victorian Civil and Administrative Tribunal (VCAT) after Wyndham City Council failed to reach a decision within the statutory timeframe.
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The café is proposed for Arcare’s newly constructed aged care centre on Newmarket Road and is intended to serve not only residents, staff and visitors, but also members of the wider public. Arcare applied to amend its original planning permit to allow the café to operate as a standalone food and drink premises.
Under Victorian planning regulations, councils are required to determine planning applications within 60 days. After the deadline passed without a decision, Arcare escalated the matter to VCAT. A hearing is scheduled for 15 and 16 July 2025.
Despite earlier advice from council planning officers recommending that the application be refused, Wyndham councillors voted at a Planning Committee meeting on Tuesday 10 June to support the public operation of the café. The officers’ report argued that the proposal conflicted with the Riverwalk Estate Development Plan, which earmarks the site for medium-density residential development and directs commercial activity to the designated town centre located approximately 90 metres west of the Arcare site.
Council officers expressed concern that approving a standalone café in a residential zone could set a precedent for inappropriate commercial uses outside of the planned activity centre. They also noted the café was originally approved as an ancillary use—intended solely for aged care residents and their guests.
While the proposal meets car parking requirements under the Wyndham Planning Scheme—with eight spaces available for the café—officers warned that the distance from the car park to the café entrance, approximately 80 metres, may result in patrons parking along nearby residential streets, leading to amenity concerns for neighbours.
Despite these issues, councillors supported the initiative. Cr Shannon McGuire backed the proposal, stating that a community-accessible café could provide social benefits. “I think the benefits of something like this would be the people living in the facility would be better connected to the community,” he said.
Arcare’s property chief executive Michael Carnell addressed the committee in person, highlighting the importance of such spaces in fostering community ties. “It will make a big difference to how the community connects with our facility,” Mr Carnell said, adding that the café would help reduce social isolation and improve mental health outcomes for residents.
VCAT will now determine whether the proposed café aligns with the planning framework for the Riverwalk Estate and the broader strategic intent of Wyndham’s Municipal Planning Strategy. If approved, the café would operate daily from 7am to 4.30pm and accommodate up to 70 patrons.

