McDonald’s takes Moreland Council to VCAT over bid to extend trading hours

Pascoe Vale Macca’s neighbours say the restaurant brings crime, fights and even sexual activity to the area as it bids for extended hours.

McDonald’s and Moreland Council appeared at VCAT over the restaurant’s bid to extend its trading hours. Picture: Andy Brownbill

A fast-food giant’s bid to extend its trading hours is a step closer to getting the green light after a hearing at the state’s peak planning tribunal.

McDonald’s Australia Limited and Moreland Council appeared at the Victorian Civil and Administrative Tribunal over a series of four hearings between October 5 and 28, after the council refused the fast-food giant’s permit to operate 24 hours at 348-354 Bell St, Pascoe Vale.

The tribunal heard a permit was issued on July 16, 1999 allowing the use of the land as a cafe and takeaway food premises.

The permit restricted the hours of operation to 6am to 1am on Friday and Saturday and 6am to midnight between Sundays to Thursday.

The tribunal heard concerns were raised about resident safety and crime associated with the business, with fears 24-hour trading would have amenity impacts.

Documents reveal respondent Emma Kelly referred to instances of rocks thrown into her front garden, drug dealing, people fighting, urinating and even conducting sexual activity on her property and patrons lingering at the bus stop, littering and vandalising.

Another respondent Marilyn Moore told the tribunal elderly people were also too fearful to go near the area late at night.

Tribunal member Vicki Davies said in her findings the number of patrons during the extended hours was likely to be low, with minimal impacts in terms of litter, vehicle noise, lighting and patron behaviour, but odour and equipment noise was more critical in the proposed extended hours.

She said she did not propose a trial of extended trading for two 24-hour periods, or a promise of some days of “respite” from activity at the site.

Ms Davies told the tribunal she intended to allow extended hours on two weekend nights.

“If the business can demonstrate that it can operate without unreasonable impacts on those nights, it would be in a strong position to argue for extended hours on the other nights,’’ she said.

“For the reasons given above, the decision of the responsible authority is set aside. An amended permit is granted.”

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