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Social Impact Assessment Case Study: Waugh Hotels Management ats

Social Impact Assessment Case Study: Waugh Hotels Management ats Marrickville Council LEC10263 of 2007 Dr Judith Stubbs Judith Stubbs & Associates Adjunct Professor, City Futures UNSW. The Proposal. Development of a new hotel at Illawarra Rd Marrickville:

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Social Impact Assessment Case Study: Waugh Hotels Management ats

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  1. Social Impact Assessment Case Study: Waugh Hotels Management ats Marrickville Council LEC10263 of 2007 Dr Judith Stubbs Judith Stubbs & Associates Adjunct Professor, City Futures UNSW

  2. The Proposal • Development of a new hotel at Illawarra Rd Marrickville: • Transfer of an existing license from the Henson Park Hotel, Illawarra Rd (900 metres away) • 19 Gaming Machines (approved to keep 29) • Bar area open to the street • Limited other facilities

  3. Relevant Legislation • NSW EP&A Act 1979(NSW): • Section 79C(1)(b) Social and Economic Impact Assessment • Section 79C(1)(d) Public Submissions • Section 79C(1)(e) The Public Interest

  4. Relevant Legislation Gaming Machines Act 2001 (NSW) • SIA required under Pt 4 Div 1 s32-37A: • Class 1 SIA if < 10 EGMs, <1km move • Class 2 SIA if >10 EGMs • Class 1 far weaker test Liquor Act 1982 (NSW) • SIA required under Div 6 s 61B-62F • Category 1 only required if urban hotel moved <1km – only local faciilties list required

  5. The First Dilemma • Only 900 metres away • Director of Community Services concerned about gaming & alcohol harm • Reliance on section 79C(1)(b) of the EP&A Act re Social Impacts • Planning staff & legal team dilemma - …is there really a problem? • Engaged me give preliminary advice

  6. Preliminary Assessment – is there a problem? • First Site Visit & review of DA • Preliminary analysis of immediate locality: • Awareness of relevant literature on gaming and licensed premises • Amenity impacts – residential & services • Apparent social make up • Clustering of licensed premises • 2 premises clearly distinguished • Nature & extent of submissions

  7. Marrickville Council Immediate locality Medium sized lorry unloading goods on Tuohy Lane. ‘Banana Joes’ Foodworks’ and ‘Lifestyle Fitness Australia’ adjoin the southern wall of the proposed premises.

  8. Marrickville Council Immediate locality Pedestrian access lane adjoining northern wall of proposed premises. Provides pedestrian only access between Tuohy Lane and Illawarra Rd. Residential Flats backing entrance onto Tuohy Lane.

  9. Marrickville Council Licensed Premises within 300m of Proposed Premises. Marrickville RSL 359 Illawarra Rd Marrickville Tavern 296 Marrickville Rd Royal Exchange Hotel 203-205 Marrickville Rd

  10. Marrickville Council Location of licensed premises in Marrickville LGA

  11. Marrickville Council Local objectors by street address

  12. The Second Dilemma • Preliminary Advice – Council had a case • BUT: • Section 209 of GMA 2001 precludes consideration of gaming impacts by council in the determination of a DA • Liquor Act weakened arguments – it was only 900 metres down the same road • Council determined to proceed with evidence of ALL impacts

  13. Methodology • Literature review • More detailed and fine grained desktop analysis • Detailed site inspections • Survey of surrounding premises • Detailed analysis of submissions • Interviews with key informants • Assessment u/s 79C(1)(b) and (1)(e)

  14. Literature review • Gaming: • Certain groups more vulnerable to problem gambling – CALD groups, lone person h/holds, divorced, lower educational/employment status • Certain groups disproportionately affected by problem gambling • ‘Density’ a key factor irrespective of other demographic characteristics (Stubbs & Storer 2003)

  15. Literature Review • Alcohol harm: • Density of on-license premises in areas of high CALD and socio-economic disadvantage • Highly sensitive to clustering within 300-500 metres

  16. Defining ‘locality’ • Key concept for SIA u/ s 79C(1)(b) • Spatial concept essentially • Not confined to a particular ‘geography’ • Impacts define locality • Different ‘scales’ depending on impacts

  17. Defining ‘locality’ • Jago J in • ‘Locality is defined by impacts’ • Defined: • Primary locality immediate environs – 1 km radius • Secondary locality – area also including HPH • Tertiary locality - LGA

  18. Marrickville LGA Demographic analysis Age Profile, 2006

  19. Marrickville Council Tenure by Dwellings, 2006

  20. Marrickville Council Household Income Profile, 2006

  21. Marrickville Council Family Type, 2006

  22. Marrickville Council Occupation Profile of Residents, 2001

  23. Marrickville Council Labour Force Profile, 2001

  24. Marrickville Council Actual Unemployment Rate, 2001

  25. Marrickville Council Tertiary Education Levels, 2001

  26. Marrickville Council Ethnicity as % of Total Population

  27. Fine-Grained analysis Catchment Area (Census Collection District) Map

  28. Marrickville Council SEIFA 2001 Map

  29. Marrickville Council Proportion of population speaking language other than English at home, 2006

  30. Marrickville Council Unemployment Rate, 2001

  31. Marrickville Council Separation and Divorce as Proportion of all Registered Marriages, 2006

  32. Gaming Data • LGA – relatively average • Primary locality: • One of most disadvantaged in NSW • Displays characteristics of extreme vulnerability • 50% higher density than NSW

  33. Data on Licensed premises • LGA – relatively average for on-license • Immediate locality: • Characteristic of high vulnerability • High density of on-license premises • Survey & interviews indicated already problems

  34. Further Site Visits • Business survey • Stakeholder /key service interviews • Verified gaming observations

  35. Submissions • Analysis of nature & extent of submissions: • Concentrated • Highly disadvantaged profile • Found to be ‘reasonably held’

  36. The case • Expert conferencing: • Legal strategy? • Narrow interpretation of ‘impacts’ • Polarised positions

  37. The Case • The strategy for admission of evidence: • Colouring the statement • 4 categories of evidence • All admitted • The site visit

  38. The Case • The point of law: • Section 209 arguments • Unsuccessful but all evidence admitted and heard

  39. The Case • Strength of the Public Interest: • Nature & extent of submission indicated matters in the Public Interest • Concerns related to gaming and alcohol • Reasonably formed • BUT argue another day

  40. The Outcome • Council successful • Parking key issue • Jago – ‘Could equally be found on liquor impacts’ • Extensive discussion of gaming & liquor

  41. For links to: • Bonnyrigg SIA • Cambewarra SIA and LEC decision • Marrickville SOE and LEC decision Website: www.judithstubbs.com.au

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