New Toowoomba McDonald’s restaurant in Harlaxton approved by planning and environment court after council court battle

Toowoomba is getting a new McDonald’s after the fast food giant secured approval through the courts, nearly a year after the council controversially voted to reject it.

Harlaxton State School is opposite the site of a proposed McDonald's in Harlaxton. Picture: Kevin Farmer

A controversial proposal for a new $6m McDonald’s restaurant in Toowoomba’s northern suburbs has been approved by the courts, nearly a year after it was rejected by councillors.

McDonald’s Australia was successful in its appeal following a “mediated outcome” in the planning and environment court in March, a process it started in August last year following the councillors’ decision.

Judge Michael Rackemann handed down his final order, which included a 111-condition development approval for the project on the corner of Ruthven and Jones streets in Harlaxton.

A spokeswoman for McDonald’s called the outcome “exciting” and pointed to the 220 jobs to be created during construction and operation.

DIVIDED: The McDonald's restaurant on Ruthven Street, which would sit directly opposite Harlaxton State School, has divided residents.

“The restaurant will play an active role in the community through providing jobs, training and development opportunities for local employees,” she said.

“The proposed restaurant will inject more than $6m into the local economy and create 100 jobs during construction, as well as a further 120 jobs once operational.

“It will be fitted with modern decor and feature a McCafé, dual lane drive thru, dedicated partner delivery room and a PlayPlace for customers to enjoy.”

There is no word yet on a construction start date or which franchisee will get the restaurant.

It comes after councillors voted at a July 2022 special meeting to go against its planner’s recommendation and reject the restaurant.

The vote resulted in a 4-4 split, with acting chair of the meeting councillor Bill Cahill casting the deciding vote to reject it.

The grounds for refusal were based on impacts around traffic, acoustics and amenity, and that it would result in “strip development and ad hoc expansion of the existing ‘centre’”.

The order required each party to pay its own legal fees

The Toowoomba Regional Council would not reveal the cost of the legal battle to ratepayers when asked by NewsCorp, but planning and development chair Megan O’Hara Sullivan noted in her statement the opinions of councillors were not universal.

“Councillors expressed a range of views on the development application at the time of it coming before council, which were largely dealt with in open session and publicly available,” she said.

New artist designs for the proposed McDonald's restaurant on Ruthven Street in Harlaxton.

“TRC reached a mediated outcome with the proponent of a proposed food outlet on the corner of Ruthven and Jones streets at Harlaxton as part of the planning and environment court’s process.”

News of the development’s impending approval in January was met with concern from nearby families, who believed the extra traffic created by the McDonald’s would increase safety issues for Harlaxton State School across the road.