The Council voted 8 to 3 in favour of accepting the initial Council Staff Report on the monitoring options (Councillors Cassidy, Adams, and Mansour were the 3 against). In doing so, the Council committed to costing the options and having an information session with residents (see below).
One resident spoke emphasising the following:
- Residents need precise advice in writing on what is needed in terms of evidence that will stand up in the Land and Environment Court (LEC).
- The monitoring must be realistic. It can’t rely (as suggested in the
initial Council Staff Report) on residents being awake at 12.30am to witness problems first hand.
- This advice should be from thorough legal research, backed up by examples from previous trials won and lost in the LEC.
- What will the LEC consider a successful or failed trial in our specific case?
- Will other issues (e.g. traffic) outside of Midnight to 5am be considered?
- Time is short: McDonald’s opens mid-year. We need weeks of pre-trial data.
- Therefore costings are required by the 29 Feb meeting so the March Council meeting might decide on what to adopt.
- The system would then need to be put in place swiftly so there’s enough time for meaningful pre-trial data collection.
- A precise timeline of these events should be drawn up in writing for residents to view, and so that we can hold Council to account.
Also during the week, there has been some media interest in this case:
2UE Drive’s Stuart Bocking interviewed Mayor Kennedy on Thursday. Stuart pledged ongoing support. Here’s the audio of that interview. You can contact Stuart Bocking here.
Independently of No Maccas, some residents called 2GB’s Alan Jones and were encouraged by his response. He even suggested he would visit the site. Here’s the audio of the phone calls to his show. You can contact Alan Jones here.
Community Meeting: “Council Information Session”:
7.30pm, Wednesday, 29 Feb 2012
Michael Maher Room, Haberfield Library
78-80 Dalhousie Street, Haberfield
PLEASE attend this meeting.
Please see Council Director of Planning and Environment Phil Sarin’s letter announcing the community meeting.
Once again, we fear that missing from this letter is mention of how Council (not just residents) will monitor the trial, and there is no mention of pre-trial data collection.
Whilst we need to give Council a chance, we must NOT accept any dragging of feet by Council. It’s been over 7 months since the LEC’s decision, and there has been plenty of time to get this information together.
Thanks for your continuing interest and support.
The Bunfight Team
This Tuesday, 14 February, Ashfield Council is meeting to discuss how best to monitor the 12 month trial of the Haberfield McDonald’s.
It is vital that monitoring is performed and recorded in such a way that residents and Ashfield Council provide information and exhibits that are seen as credible evidence by the NSW Land and Environment Court.
Please read the full report.
The report is pretty light on detail (no costings for example), so we need to create as much pressure as possible for Council to hurry up and commit to detailed monitoring so we can create some pre-trial baseline data.
Councillor Cassidy has also put foward a notice of motion.
Please come along to the meeting to voice your opinion:
Tuesday, 14 Feb 2012
Level 6 of the Ashfield Civic Centre
260 Liverpool Road Ashfield
(There will be a further community meeting on 29 Feb – details to follow).
Thanks for your continuing interest and support.
The Bunfight Team
Last week Commissioner Brown made his final judgment on the proposed McDonald’s development.
Unfortunately McDonald’s were given pretty much everything they wanted except the final colour scheme. This is as we expected given the contents of the interim judgment, but it is still hard to take.
It would appear that all our sustained and large protest has amounted to very little. The Commissioner has not addressed the issue of public interest and has largely ignored the community’s opposition.
Some statements made in the judgment don’t seem to be born out by factual points raised via the recent round of letters from residents in response to Council’s call for their further feedback and in the statement made by Maddi Perrignon to the Court.
The Council’s solicitors have been instructed to review the judgment and see if there are grounds for appeal. We wait their assessment.
We will let you know what and if anything can be done.
On Friday, 20 May, the NSW Land & Environment Court had the final hearing for the McDonald’s appeal against Ashfield Council’s rejection of its DA application to turn 141 Parramatta Rd, Haberfield, into a 24-hour, seven-day-a-week McDonald’s.
As you will know if you have read our background to the community’s objections, the proposed site was a car yard operating 9am to 5pm, seven-days-a-week.
The court was attended by a large group of Haberfield and Ashfield residents – so large that a new court room had to be found to accommodate the crowd. Ashfield Councillor Lyall Kennedy and NSW Member for Balmain Jamie Parker also attended.
We were delighted that Madeleine Perrignon was allowed to speak to the hearing to put across some of the major concerns of the residents. Madeleine performed with calm authority and you can read her full speech here.
As well as making requests to alter some of the conditions of consent, some of which was indeed accepted by McDonald’s, Madeleine also pointed out some of the factual inaccuracies that the community felt were contained in the interim findings.
Concerns such as why the Ashfield Crime Prevention Officer’s report referenced the two McDonald’s businesses that close at 11pm as the basis of recommendations for a 24-hour, seven-day-a-week trial were raised.
Madeline also raised the point that the Ashfield Development Control Plan (DCP) 2007 set a parking rate for drive-in take-away establishments that would require McDonald’s to have 82 parking spaces rather than the 47 spaces in their plans.
The impact of this would be more parking on the nearby streets that are already unable to cope with the needs of parking for residents.
However, in documents submitted with their application, McDonald’s had stated erroneously that “DCP 2007 has no rate for drive in take away food outlets with a drive through facility” and relied on the RTA recommendations of 2002 instead (though not stated in court, it should be noted that McDonald’s have also excluded the 10 seats in the ‘party room’ for their calculations, and, furthermore that when questioned, the RTA have stated that with Development Applications, the RTA has no interest in parking and see this as strictly a matter for the local council to determine, not the RTA who are only interested in traffic effects of developments).
The Council’s barrister also argued that, in essence, the new set of plans delivered by McDonald’s most recently in response to the LEC’s interim findings constituted a significant change, and, as such required McDonald’s to supply a new DA to Ashfield Council for consideration. McDonald’s counter argued, and both sides relied on the ‘precedents’ of previous cases before the LEC.
There was much discussion about the new plans for the restaurant in terms of heritage and signage. In summary, Council’s barrister tried to argue for a much lower sign, whilst McDonald’s still require the largest sign possible under local control plans and argued that the impact on the heritage suburb of Haberfield would not be significant.
In terms of the architectural look of the building, in response to the interim findings requiring a quieter design, some of the courts time was spend discussing the acceptability of different shades of white. To the residents, this seemed to be missing the overall point, of course!
The court hearing concluded around 1.30pm. If we hear when the final judgment is to be handed down, we will let you know via email.
Please subscribe to our mailing list now.
This decision will affect the lives of the residents of Dalhousie Street and St David’s Road and the many people who enjoy the tranquility of Ashfield Park.
LATEST NEWS: L&E Court interim judgement released – not good news. See Information for more info. Next community meeting 6th April, 7.30 at Haberfield library.
WELCOME TO OUR SITE
Thank you so much for your concerns about the proposed McDonalds on Parramatta Road Haberfield. This web site is managed by a group of concerned residents, we have named ourselves The Bunfight – because we know we have a fight on our hands.
All of us in the local area have worked hard to create a community that we and our families enjoy. Our vision does not include having to share our immediate living space with a development that could cause rubbish, noise pollution, odours, “visual pollution” (such as strong lighting, car headlights, marketing and prominent signage) anti-social behaviour and a crime hotspot, traffic chaos and traffic accidents. Whilst the idea of a McDonalds trading 24 hours, 7 days a week is particularly offensive to us, we simply don’t want one there at all – no matter what the opening times are. So our definition of success is when this Development Application comes to an end with NO McDonalds built on the site at all.
We want everyone living and working around us who does not want this development to make lots of noise about this. The fact is, if the McDonalds application meets planning requirements for the site, it is only the loud voice of opposition from the people who’s living and working space is negatively affected that will lead Ashfield Council, and (if escalated beyond council) the Land and Environment Court to take notice and reject this application. This is not going to be a quick fight, it will be months and months before this is over one way or another so take a deep breath and pace yourself.
You can join The Bunfight if you are able to spare some time and energy to express your concerns (there’s lots that you can do!). Please email with more details about your availability if you would like to take part more formally in our activities. Otherwise, we will post newsletters, tips and hints and updates on this web site to help you object to the development application. At times, the content will be researched fact and other times people will share their personal opinions with you – it is all important.
Not everyone who is concerned has access to email and the web so please print out what you read and share it with neighbours, friends and family who are interested.
We all feel strongly about the place where we live, and where we work. Haberfield and Ashfield Park surrounds in particular, with its heritage significance is a special place. As individuals, we are all happy to do the right things in our own living spaces to contribute positively to keep the area looking beautiful and feeling safe – but this development puts that all at risk. Once its built, it will NEVER go away so we all have to do something now!
Thanks again for your interest.
Want to Know More?
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What can you do?
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