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An attentive gallery at Berninneit during the McDonald's discussion.
By Catherine Watson
MCDONALDS’ plan to open an outlet in Cowes is following a well-worn path: community opposition, followed by council rejection, to be followed inevitably by an appeal to the Victorian Civil and Administrative Tribunal (VCAT).
Everyone knows the script and the part they must play. There was a crowd at Berninneit on Wednesday to see Bass Coast’s councillors perform their parts.
They rose to the occasion – literally – standing as they expressed their opposition to McDonalds. Cr Ron Bauer, in his usual theatrical style, even tried to whip the gallery into a call and response: “NO MCDONALD’S!”
Following more than 1564 objections – versus 34 submissions in support – councillors voted unanimously to reject the application, despite a council officer’s recommendation in support.
It is an old tale as the Tecoma, Northcote, Safety Beach and Bendigo communities can attest. They all won temporary victories at council level against the multinational fast food giant and ultimately lost at VCAT.
The application at 157 Thompson Avenue and 190-194 Settlement Road is for a cafe with seating for 50, 16 on-site carparks and a 24-hour drive-through outlet.
Objections were based on car parking availability, increased traffic congestion, pedestrian safety, drive-through queues, drainage, 24-hour operation, proximity to Cowes Primary School, litter problems, single use packaging and neighbourhood character, Phillip Island character, targeted advertising, vegetation removal, impact on biodiversity, inconsistency with an environmentally focused community.
The officer’s report stated that the application met all relevant policies of the Municipal Planning Strategy and Planning Policy Framework relating to settlement, environmental and landscape values, environmental risks and amenity, built environment and heritage, economic development, transport and infrastructure of the Bass Coast Planning Scheme.
It dismissed other objections, including the potential impact on local businesses, “junk food”, “multinational corporation”, antisocial behaviour, drug paraphernalia and setting a precedent, as irrelevant.
Cr Tracey Bell moved an alternate motion to refuse the permit on the grounds that the proposal was inconsistent with Bass Coast’s strategic planning framework.
“For years, we have invested significant time, expertise, and community effort into developing a clear vision for Cowes. Yet today, we're being asked to approve a proposal that Council's own strategic planning team identified as being inconsistent with that vision.
Cr Tracey Bell: "Do we stand by the vision that we created for Cowes?”
“What is the purpose of undertaking strategic planning if we are willing to set it aside when a significant application comes before us? What is the purpose of establishing an activity centre boundary if commercial development can simply leapfrog beyond it?
“Once strategic planning loses its authority, long-term planning gives way to ad hoc decision-making and poor planning outcomes.
“The activity centre boundary exists to direct commercial activity to appropriate locations, strengthen the town centre, support walkability, and ensure growth occurs in an orderly and strategically planned way. This proposal sits outside that boundary. If we disregard that boundary today, it becomes much harder to defend tomorrow.
“Today, we are being asked to decide whether our strategic planning framework genuinely guides decisions like this one. The question before us is simple: Do we stand by the vision that we created for Cowes, or do we abandon it when it's challenged?”
Around 50 residents in the meeting room applauded Cr Bell’s words, as they did her fellow councillors’ words.
With the overwhelming public opposition, there was never any doubt that councillors would reject the proposal.
Cr Jan Thompson
Cr Jan Thompson was the only one to admit to doubts. She has consistently expressed her concerns about the cost to ratepayers when councillors reject applications after planners have advised that they meet the planning guidelines.
“The major concern for me is the cost of going to VCAT, which will run into tens of thousands of dollars … Past experience shows McDonald's are very successful at VCAT, particularly when the proposal complies with baseline state planning provisions, which it does in this case.”
However, a recent incident where a child ran in front of her car near the McDonald’s site convinced her to reconsider.
“In good conscience, I know that I must vote for this alternative, as I could not live with myself if a child was injured or worse crossing near McDonald's.
“I apologise to all ratepayers for the funds that will be used to fight the VCAT application, and where more than likely we will fail. But the people have spoken, and we have listened.”
Cr Tim O’Brien
“I don't care about McDonald's. I don't care what they sell. They could put a sparrow in a sesame seed bun for all I care.
"But I do care that the proponent acting for this powerful transnational brand seeks to muscle its way into our community, our town, into our neighbourhood, to run roughshod over planning considerations and run roughshod over, over the wishes of the community.
“It is absurd that we should be asked to give assent to a planned mess of vehicle movements onto and off the site into what is already the most chaotic choke point on the entry to Cowes.
Cr Tim O'Brien
"When the first child is injured here, heaven forbid, during an unattended Maccas run across the road, we might then reflect on why planning law around activity zones must not be set aside to suit the wishes of one developer.”
Cr Mat Morgan
Cr Mat Morgan
“The proposal encourages inappropriate non-residential use and development and reduces residential growth opportunities through the loss of well located residentially zoned land within a public school catchment zone in the midst of a housing affordability crisis.
“Environmental risks are also clearly unacceptable, with this fast food operator creating single-use plastic products, including non-recyclable plastic-coated cardboard cups, which I regularly see littered along our coastal environments near the McDonald's in Wonthaggi. We don't want this, we don't need this, and I stand with our community in opposition to this grotesque proposal.”
Cr Jon Temby
Cr Jon Temby
“McDonald's are not wanted here and should accept that outcome. If they want to challenge our refusal, we also need VCAT, and potentially the planning minister to recognise that our community have very solid community and orderly strategic planning grounds for not wanting McDonald's to muscle their way onto the island.”
Cr Ron Bauer
Cr Ron Bauer
“The common mood is that this application will go to VCAT. I say there comes a point where we need to plant the vexillum in the ground. If the community feels so strongly about this issue, and look how many of you are sitting in this room right now, we should take this issue all the way to the Supreme Court.”