McDonald’s fast food chain appeals Toowoomba council’s refusal of Harlaxton restaurant in Qld court

In a move that could cost ratepayers tens of thousands of dollars, a fast-food chain has taken the Toowoomba council to court over a rejected restaurant.

One of the world’s biggest fast-food chains has taken legal action against the Toowoomba Regional Council over its decision to reject a new drive-through location.

McDonald’s Australia last week filed an appeal in the planning and environment court against the council’s refusal of a new eatery on the corner of Ruthven and Jones Streets in Harlaxton.

It comes more than a month after councillors voted against the proposal at a special meeting, citing “unacceptable” traffic, acoustic and amenity impacts and arguing it would lead to “strip development and ad hoc expansion” of the existing centre.

This is despite an independent assessor recommending the project be approved.

It means the council will again need to spend ratepayers money to defend a planning decision in court, with McDonald’s being the 10th planning court case involving the TRC as a defendant since 2020.

Land owner Ian Knox, who prepared the site for the restaurant and plans to sell it to the fast-food giant if approval is given, said in July the rejection by the council was “puzzling”.

In the appeal lodged by Corrs Chambers Westgarth, McDonald’s argued any issues could be mitigated with conditions.

“The proposed development complies with, or can be conditioned to comply with, the relevant assessment benchmarks,” the claim said.

“There are no unacceptable impacts resulting from the development, there is a strong economic and community need for (it) and there is no alternative suitably zoned site to accommodate (it).”

The council has yet to respond to the appeal in court.

McDonald’s lodged plans for a new restaurant early last year, arguing the $5m development would employ more than 200 people once opened.

But council officers questioned the project’s viability along with its suitability in a low-medium density residential zone.

Houses were moved from the Harlaxton site in the following months by Mr Knox.

Originally published as McDonald’s fast food chain appeals Toowoomba council’s refusal of Harlaxton restaurant in Qld court