Business Use Check/Sample Report
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Climbing Gym — Lonsdale Street, Melbourne CBD

Zone
CCZ1
Capital City Zone - Schedule 1
Council
Melbourne
Proposed Use
Indoor Recreation Facility (Climbing Gym)
Current Use
Place of Assembly (Nightclub)
DDO1DDO2HO507PO1SBO3

Indoor Recreation Facility (Climbing Gym) at Level 2, XXX Lonsdale Street, Melbourne

Executive Summary

The proposed change from nightclub to climbing gym at Level 2, XXX Lonsdale Street is permissible under the Capital City Zone Schedule 1 (CCZ1). An Indoor Recreation Facility requires a permit under Section 2 of the zone's Table of Uses. A Certificate of Compliance under s97N is not available as the use is not listed in Section 1 without conditions.

Use Classification

Under Clause 73.03 of the Victorian Planning Provisions, an Indoor Recreation Facility is defined as "a building used for indoor leisure, recreation, or sport." The nesting diagrams in Clause 73.04-6 show that Indoor Recreation Facility sits within the broader Leisure and Recreation group, which in turn nests under Minor Sports and Recreation Facility.

A climbing gym clearly falls within this definition as it involves indoor recreation activities conducted within a building. The current use as a nightclub is classified as a Place of Assembly under Clause 73.03, which includes venues for entertainment and gathering.

Zone Assessment — CCZ1

3.1 Use Table Analysis

Current Use - Nightclub:

Under CCZ1, "Nightclub" is listed in Section 2 - Permit required, with no specific conditions. This indicates the current use operates under a valid planning permit.

Proposed Use - Indoor Recreation Facility:

Indoor Recreation Facility is not specifically listed in the CCZ1 Table of Uses. Under the parent category "Leisure and recreation (other than Informal outdoor recreation)", this use is listed in Section 2 - Permit required, with no specific conditions.

Therefore, the proposed Indoor Recreation Facility requires a planning permit under CCZ1.

3.2 Certificate of Compliance

A Certificate of Compliance under section 97N of the Planning and Environment Act 1987 is not available for this proposal. Section 97N certificates can only be issued for uses listed in Section 1 of the zone's Table of Uses where all conditions are satisfied. The proposed Indoor Recreation Facility falls under Section 2, requiring a full planning permit application.

3.3 Existing Use Rights

The existing nightclub use operates under planning permit rights rather than existing use rights. These permit rights do not transfer to the new use. The change to Indoor Recreation Facility constitutes a new use requiring its own permit assessment.

3.4 Notice and Review

Applications for uses listed in Section 2 of CCZ1 are subject to standard notice and review provisions under the Planning and Environment Act 1987, unless specifically exempted. No exemption applies to this use category, so the application will require public notice under section 52 of the Act.

Overlay Assessment

DDO1 - Urban Design in Central Melbourne

Trigger: Buildings and works only. This overlay does not apply to use changes without associated building works. Since no external building works are proposed, DDO1 does not affect this application.

DDO2 - Special Character Areas - Built Form (Hoddle Grid)

Trigger: Buildings and works only. This overlay controls building height, setbacks, and built form but does not regulate land use. As no building works are proposed, DDO2 does not apply to this use change.

HO507 - Heritage Overlay

Trigger: Both use and buildings and works. However, the Heritage Overlay Schedule to Clause 43.01 does not specify any prohibited uses for HO507, and no building alterations are proposed. The overlay would not prevent the use change, though any future building works would require heritage assessment.

PO1 - Parking Overlay (Capital City Zone - Outside Retail Core)

Trigger: Use-related through car parking requirements. This overlay sets maximum parking rates rather than minimum requirements. It establishes parking restrictions for the Capital City Zone outside the retail core and would apply to assess parking implications of the use change.

SBO3 - Special Building Overlay (Council Drains)

Trigger: Buildings and works only. This overlay addresses flood management and building construction in flood-affected areas. Since no building works are proposed, SBO3 does not affect this use-only application.

Car Parking Assessment

Current Use (Nightclub): Under Clause 52.06-5, nightclubs fall under "Place of assembly - other than specified in this table" requiring 0.3 spaces per patron in Category 1 areas, reducing to 0.08 spaces per patron in Category 4 areas.

Proposed Use (Indoor Recreation Facility): Not specifically listed in Table 1 to Clause 52.06-5. Would likely be assessed under "Leisure and recreation" or "Any other use" provisions.

PO1 Application: Schedule 1 to the Parking Overlay sets maximum parking rates for the Capital City Zone. For non-residential uses where no part is used for dwellings, the maximum is either:

  • 5 x net floor area / 1000 sq m, or
  • 12 x site area / 1000 sq m

The change of use may require assessment of existing parking provision against these maximum rates, with a permit required if the maximum would be exceeded.

Overall Suitability Assessment

6.1 Positive Factors

  • Indoor Recreation Facility is a permitted use under CCZ1 (Section 2)
  • The Capital City Zone encourages diverse recreational and entertainment uses
  • No building works required, simplifying the approval process
  • Most overlays do not affect use-only applications
  • Located in established entertainment/commercial precinct suitable for recreational uses

6.2 Challenges and Considerations

  • Requires full planning permit (not eligible for streamlined processes)
  • Subject to public notification and potential objections
  • Must demonstrate compliance with parking overlay maximum rates
  • Need to address any acoustic or amenity impacts from the use change
  • Heritage considerations for any future building modifications

Recommendations

  • Prepare Planning Permit Application: Lodge application for Indoor Recreation Facility under CCZ1 Section 2 provisions
  • Car Parking Assessment: Engage traffic consultant to assess existing parking provision against PO1 maximum rates
  • Acoustic Assessment: Consider acoustic report addressing any noise implications of climbing gym operations
  • Heritage Advice: Consult heritage specialist regarding HO507 implications for any future building modifications
  • Pre-application Meeting: Consider requesting pre-application meeting with Melbourne City Council to discuss any specific requirements

Conclusion

The proposed change from nightclub to climbing gym is permissible under the Capital City Zone Schedule 1, though requires a planning permit as Indoor Recreation Facility is listed in Section 2 of the Table of Uses. The application will be relatively straightforward as it involves use change only without building works, meaning most overlays do not apply. The key considerations will be car parking compliance under the Parking Overlay and standard amenity assessments. The use aligns well with the Capital City Zone's objectives to provide diverse recreational facilities in Melbourne's central area.

The application should proceed with confidence, supported by appropriate technical assessments addressing parking and acoustic considerations.


Provisions fetched live from the MELBOURNE Planning Scheme on 3 April 2026

This report was generated automatically from live planning scheme data.

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