By Tom Cowie
Residents in Kew are fighting a McDonald’s plan to operate its drive-through 24 hours a day, claiming the smell of frying oil and noise created by late-night customers will disrupt their lives.
A group of neighbours who live next door to McDonald’s on High Street in Kew have taken the Golden Arches to the Victorian Civil and Administrative Tribunal after the local council approved non-stop trading at the restaurant’s drive-through.
Mary Brest (front) with other Kew residents is trying to block a McDonald’s drive-through in Kew from going 24 hours.Credit: Joe Armao
The current trading hours at the McDonald’s, which has been operating at the location for 30 years, are restricted between 1am and 6am. The company has twice been knocked back from operating 24/7, in 2008 and 2011, because of amenity concerns.
However, the City of Boroondara granted an amendment to the planning permit in May 2024 that would allow it to continue operating in the five-hour early morning window as a drive-through-only restaurant.
Residential objectors who share a fence with the McDonald’s drive-through have lodged an appeal with VCAT, raising a string of concerns about noise, odour, litter and reduced safety.
The McDonald’s drive-through in Kew is surrounded by houses.Credit: Joe Armao
One neighbour, Maria Koci, said she could hear every order being placed in the drive-through from inside her bedroom and other rooms, including responses from employees confirming a customer’s request.
During the day, questions such as “was that a Big Mac meal?” were less intrusive, she said. But late at night, when there was no other noise, she believed those sounds would keep her awake.
Her family has owned the house on Pakington Street since 1949, well before the McDonald’s opened. Previously the site was a Shell service station.
“As much as it can be a little bit frustrating [at the moment], there is an end to it,” Koci said. “You adjust your life around what is.
“Now, there’s going to be no reprieve.”
Other objectionable noise included the sound of cars idling in the drive-through, extractor fans operating constantly, music from car stereos playing at loud volumes and people shouting as they eat their food in the car park.
She echoed the concerns of other residents who moved in after the restaurant opened who said they couldn’t open their windows during the day because of the smell of burgers and fries.
Some said they didn’t hang their washing outside as the odour would get into the clothes.
“Look, it’s not one of those smells where you go, ‘Oh, I’m going to be sick’, but it’s not nice either,” Koci said.
The neighbours feared losing a quiet period during the night when the restaurant’s operations ceased.
“Everybody’s got better stuff to do than complain,” said resident Mary Brest. “Yes, we live next door to a Macca’s, but from one to six [in the morning]? Come on.”
At a VCAT hearing this month, barristers representing both McDonald’s and the residents argued over whether the change to the operating hours should proceed.
One proposal was for McDonald’s to block off its car park during the late-night hours to stop people looping back from the drive-through to eat their food. However, the company has not yet agreed to that idea.
McDonald’s is seeking an amendment to allow it to operate 24/7.Credit: Eamon Gallagher
They cited issues such as staff needing car spaces and potential difficulties in making the adjustment late at night.
Another suggestion was for the drive-through to be built into the ground to prevent noise from being heard by the residents.
McDonald’s is arguing that the extension of its trading hours is appropriate because the area in Kew was rezoned from residential to commercial in 2017.
Credit: Matt Golding
The company said the rezoning meant its use as a convenience restaurant was “as of right” and a planning permit was not required for the extended hours.
The company said the installation of 2.8-metre high boundary acoustic fence, required under the planning permit, would be sufficient to reduce noise.
Barrister Susan Brennan, SC, representing McDonald’s, said none of the residents had raised formal complaints about the smell from the restaurant.
“One has to ask whether the problems are truly as bad as being suggested if the smell of the food has never been raised,” she said.
She also said that the company did not accept that it was not in compliance with the conditions of its permit.
“This is not an audit of whether they like living next to a McDonald’s ... especially one that has been there 30 years,” she said.
“Neighbours who move in next to a McDonald’s should accept a different amenity than if they move into a quiet residential area.”
Not all the residents who object to the overnight drive-through proposal are opposed to the restaurant itself, however, and some said they sometimes ate there.
Barrister Alex Gelber, representing the residents, said a proper balance had already been struck between the two parties’ wishes with the 1am closing time.
“If the tribunal finds the McDonald’s is inflicting unacceptable amenity, the tribunal ought not to extend that further into the night,” he said.
The matter will return for further hearings later this year.
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