McDonald’s to open on Melbourne street once dubbed ‘world’s coolest’ after winning legal challenge

McDonald’s is poised to open a 24/7 takeaway outlet on a Melbourne street once dubbed the “world’s coolest” after the fast food giant won its legal challenge against the local council’s attempt to block the new restaurant.

Victoria’s civil and administrative tribunal (Vcat) has upheld McDonald’s application for a review of Darebin city council’s decision to reject its application to turn 323 High Street in Northcote into one of its stores.

Darebin councillors voted six to three at a planning meeting in November last year to reject the application for minor works that would have transformed the dilapidated building into a McDonald’s convenience restaurant.

Most of the councillors voted in line with residents against McDonald’s after listening to impassioned submissions and a petition signed by more than 11,000 people that said the outlet would “compromise Northcote’s unique character”.

But a Vcat member, Michael Deidun, said the building already had a planning permit allowing it to become a cafe or restaurant, which applied regardless of whether the site’s operator was McDonald’s or a smaller business.

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In his decision published on Friday, Deidun said the planning system in Victoria was “somewhat blind to the final operator” and McDonald’s could not be denied on whether it suited the “vibes” of the street and its existing businesses.

“This tribunal does not have the power to review the corporate approach of McDonald’s, its work practices and ethics, the type of food it produces, its impact on human health, or whether it fits the ‘cool’ vibes of its context,” Deidun said.

Deidun noted that as the site was in a “Commercial 1 Zone” it did not require a planning permit to be issued before any operator used the land for a retail premises, including a convenience restaurant.

As no planning permit was required for the land use, Vcat did not have discretion to oppose or regulate any fast food operator from conducting business on the site, he said.

He further noted that the site had been vacant for a number of years and was in an “uninviting” state, targeted by vandalism and trespassers.

Deidun said he had visited the site and did not feel safe when entering the public walkway at the address.