Fatal flaw in McDonald’s application at Cowes, they say

FORGET the close proximity of the proposed McDonald’s Restaurant in Cowes to the local primary school, if you can.

Or claims being made about “traffic chaos”, the impact on local business, perceived or real threats to the Island’s character, extra litter and attracting anti-social behaviour due to its 24/7 operating hours.

And even your attitude to McDonald’s food options, which these days include such healthy items as low-calorie hamburgers, Fruit & Maple Oatmeal and chicken salad wraps (which isn’t a planning issue anyway) may not matter anymore.

Even if none of that, presented in 1393 public submissions (1362 against, 31 in support), sways the Bass Coast Shire Council, they’ve just been presented with what appears to be a lay down misère for rejecting the contentious application, if you take the opinion of a retired town planner of 40 years’ experience.

And if you’re a student of body language, you could practically see the councillors, who attended a submissions’ hearing at the Berninneit cultural centre in Cowes last Wednesday night. leaning into the comments made by former town planner and 20-year Island resident, Paul Jarman.

It’s Mr Jarman’s opinion that a convenience restaurant is a prohibited use on General Residential Zoned (GRZ) land if the land doesn’t adjoin or have approved access to a zoned road, in this case, the Transport 2 Zoned Thompson Avenue.

In fact, McDonald’s own Town Planning Report (page 19), submitted as part of its application to establish a 50-seat McDonald’s restaurant on three GRZ allotments at 190, 192 and 194 Settlement Road, Cowes, seems to acknowledge the point made by Mr Jarman at Wednesday’s submission hearing.

“Pursuant to Clause 32.08-2, a ‘convenience restaurant’ is a Section 2 use if it adjoins, or has access to, a road in a Transport Zone 2 or Transport Zone 3. Whilst the site currently does not have access to or adjoin Thompson Avenue (Transport Zone 2 road), the proposal seeks to create a carriageway easement through the adjoining site, ensuring the condition is met.”

Mr Jarman says there’s no justification for creating such an easement, through No. 157 Thompson Avenue, even on the information provided in the applicant’s own Transport Impact Assessment Report, which seems to show that even at peak hour (AM, PM and Saturdays), only five or six cars would enter through the Mobil/7-Eleven Service Station site.

He was one of 25 individuals who chose to speak in support of their submissions, at either the afternoon or evening session in front of the council on Wednesday, September 30, these sessions attended by 100 (afternoon) and 70-80 (evening) at the Berninneit cultural centre in Cowes. All speakers were against the proposal.

None of the 31 who made submissions in support of McDonald's coming to town chose to address the council.

The applicant has since been asked to comment.

What Paul Jarman had to say...

Here’s what Paul Jarman had to say: Good evening, Councillors and thank you for the opportunity to speak.

We've had a house in Cowes for 20 years. I have recently retired after 40 years as a town planner.

I speak with the ‘Say No to McDonald's group’ and my wife who has made an objection. We want orderly and proper planning.

I am not a lawyer but planning schemes are open to interpretation.

The three residential lots do not currently have access to a Transport 2 Zoned road, to enable Mc Donalds to proceed under the General Residential Zone.

Without that access, the use is considered prohibited under Clause 71.03.

Is council satisfied that it can legally grant a permit for a McDonalds at this point in time?

To meet this condition, the applicant proposes a carriageway easement through the adjoining service station land. I query the need to create this easement, given company searches indicate that all four sites are under common ownership or control.

Is there a need for traffic to go through the service station? The applicant's traffic report estimates that only 5 vehicles turn left into the easement in the PM peak compared to 87 movements from the residentially zoned entry off Settlement Road.

So, what access need does the easement serve? I would say none and argue its role is to turn a prohibited use under Clause 71.03 into one requiring a permit.

It's a cunning approach: use an easement over land already under the applicant's control rather than seek a planning scheme amendment.

Is it orderly planning to enable an intensive commercial use on residential land fronting a local road? This is the wrong site for a convenience restaurant.

Under Clause 52.02 Council must assess whether the creation of the easement will enable orderly planning outcomes. I would say it doesn't.

Rather than providing a transition from commercial activity, the approval of the easement would allow an intensive, 24-hour commercial use to extend into residential land opposite a school and a retirement village.

It would also create amenity, traffic, safety, as well as wider economic, social, environmental and health concerns.

The conversion of residential zoned land will also be in conflict with Council's strategic planning directions, including the Distinctive Landscapes Statement and Clause 16 Housing Policies.

These directions support housing growth and diversity on well-located land close to the Cowes centre and services.

The applicant points to the poor condition of the existing houses as a reason for converting the residential land to a commercial use.

Dilapidated housing stock is not obsolete residential land.

McDonalds is using cookie cutter template No. 5, with no design response that respects the Cowes coastal and native setting.

The traffic assessment also has short comings.

It uses 2009 New South Wales data. While there are local counts, these missed holiday and weekend peaks. Traffic moves differently in the area since the recently completed landscape works.

In conclusion, this is the wrong site for a McDonalds. If this is the only site left for redevelopment, then this is an opportunity to keep McDonalds and its cousins off the Island.

Councillors, the easement is the linchpin of this proposal. Without it, McDonald’s cannot proceed on these residential lots.

Please care for Cowes and don't wave its approval through.

Get legal advice, refuse the easement and application. Stand by the residential use for this land that you have always planned. Thank you.

Another qualified town planner, who followed Mr Jarman at the podium, Margaret Fox, agreed with his assessment of Clause 32.08-2 of the Act about what’s allowable in a General Residential Zone.

The Bass Coast Shire Council had staged two submission sessions, one in the afternoon, and one in the evening, last Wednesday at which 25 people took the opportunity to speak to their submissions to council.

Speaking at the conclusion of the hearings, Bass Coast Mayor Cr Brett Tessari, commended the speakers on their interest in the application and the respectful way they presented their arguments.

He said council had “a huge decision to make” but could not say when the council would meet to consider its response to the application (PDPLANPER-2026/000285) from McDonald’s Australia Ltd to build a $3.4 million convenience restaurant in Cowes.