A three-storey apartment building in Balwyn will go ahead despite the local council receiving 453 objections to the development, including that “perverted” residents could overlook a nearby playground.

The Victorian Civil and Administrative Tribunal late last year rejected the 18 apartment building at 7 Cherry Road, but was given the green light late last month after the number of apartments was reduced to 16.

VCAT member Michael Deidun found some of the complaints, particularly regarding the nature of the people who would live in the complex, were not legitimate concerns for the tribunal.

The approval has angered local lobbyists, who campaigned for years against the development.

Although all objectors did not appear at the VCAT hearing, more than 80 people or organisations sought to become parties to the proceeding.

Those who did appear submitted concerns regarding traffic impacts and increased pressure on enrolment at Balwyn Primary School, as well as one objector who said “perverts” could potentially overlook a nearby school playground from the building.

They argued the sheer number of complaints showed the extent of the negative social effect of the development.

Mr Deidun agreed 450 complaints was unusually high for such a development. But he found the objectors could not simply combine their size with assertions of social impacts to argue there was a significant social effect, and said some of the concerns that were raised did not relate to his decision to grant or deny the permit.

“No real evidence of a social effect has been provided, nor has it been demonstrated that the possible social effects are likely to be significant,” Mr Deidun said.

He said fear or resistance to change itself was not a significant social effect, comparing the development to a brothel.

“It cannot be equated, for example, to the social effect of a gaming facility or brothel in a prominent location to people wishing to avoid such temptation, or the social effect of a dangerous or offensive industry close to a residential neighbourhood,” Mr Deidun said.

He found the permit application by Balwyn-based developer Backman Construction Company drew strong support from the Boroondara planning scheme, which encouraged multi-residential development near activity centres.

“Simply not wanting something in your town is not a social impact, or at least not a social impact that planning can address by refusing to progress proposals,” he said.

The planning permit was granted subject to a number of conditions including parking and tree management.

Jack Roach, president of Boroondara Residents Action Group, said the group was disappointed in the decision.

“VCAT is set up to help developers, that’s why we call it the developer’s tribunal,” he said.

Backman Construction Company and Boroondara City Council declined to comment.