Does council own the land?
No, the land is privately owned.
Is McDonald’s the applicant and what scale of restaurant are they proposing?
A McDonald’s restaurant operating 24 hours a day, 7 days a week is proposed for the site. The proposal involves re-using the existing building that previously accommodated a café. The scale of the restaurant is similar to the former use, although it includes fewer seats —112 in total (76 indoor and 36 outdoor), compared to the 252 seats previously approved. A drive-through facility is not proposed as part of this application.
What stage is the application at?
The Planning Committee has decided not to support the application and issue a Notice of Refusal to Grant an Amendment to the Planning Permit on grounds.
The Applicant and Objectors will be notified in writing. The Applicant can appeal the decision at VCAT.
Should an appeal be lodged with VCAT, Council would be party to the appeal, and any objector party would also be able to join the VCAT proceeding.
I’d like to make an objection; how can I do that?
As a decision has been made by the Planning Committee on the application, the objection period has now closed and no further objections can be lodged. Any existing objector would have the opportunity to join an appeal at VCAT if the permit applicant chose to appeal the decision of the Planning Committee.
What is Council’s opinion on the application and how will they make a decision?
The application was reported to the 10 November Planning Committee Meeting. The Planning Committee has decided not to support the application and issue a Refusal to Grant an Amendment to the Planning Permit.
The report and meeting minutes are available online.
Has Council received objections to the plan?
Yes, 110 objections and 3 petitions were received against the application.
What particular amendments are sought to permit conditions?
Amend permit D/67/2001 as follows:
- Modifications to the Permit preamble to remove references to the previous redundant land uses including deleting references to operating hours and patron capacity.
- Deletion of Conditions No. 2 (operating hours), Condition No. 3 (plant and equipment), Condition No. 5 (public walkway), and Condition No. 8 (live music/nightclub).
- Modifications to Condition No. 9 (to include reference to current EPA noise regulations).
- The following changes to the Endorsed Plans:
- Refurbishment of the building interior to facilitate the proposed convenience restaurant.
- Alterations to the front and rear façade of the building.
- Refurbishment of the rear loading bay area.
- Addition of business identification signage associated with a convenience restaurant.
The application seeks approval for the following amendments to the planning permit related to the former café occupying the site:
Modifications to the Permit Preamble to reference the use of the land for the purpose of a convenience restaurant.
Deletion of Condition No. 2 of the Permit which references the hours of operation of the previous café/restaurant use to enable the proposal to operate 24 hours a day, 7 days a week (the permit currently restricts operating hours to 6am–3am).
Deletion of Condition No. 3 of the Permit which restricts plant equipment to be placed on the roof of the development.
Deletion of Condition No. 5 of the Permit which removes the requirement for the walkway connecting High Street to the car park to the rear to be secured outside the operating hours of the use. With the use proposed to operate 24 hours a day, the public walkway would therefore not close at any time.
Deletion of Condition No. 8 of the Permit to remove reference to a restriction on use of the premises as a live music or nightclub venue.
Modifications to Condition No. 9 to ensure the new use complies with updated Environment Protection Authority Regulations.