WHAT ARE THE ISSUES?

• Hereford Road is not a major road. It is classified as a Transport Road Zone 2 (TRZ2) – a Principal Arterial Road with a single lane in each direction. Street parking is permitted on both sides of the road with a pedestrian path on the western side and has a maximum speed limit of 60km/hr. The application’s planning report describes Hereford Road as a Major Arterial (Section 1.2 of the Town Planning Report).

• Decision guidelines contained in the Yarra Ranges Planning Scheme states that the responsible authority must consider the effect of the proposal on the operation of the road and on public safety.

• The historical traffic issues of Hereford Road have been well-documented via the media (Star Mail 28 June 2022 and 21 July 2023) and the issue was raised in Parliament by Bridget Vallence, the sitting Member for Evelyn, in 2022.

• The developers have made an application to the Department of Transport & Planning to alter Hereford Road by introducing 2 right-hand turning lanes (one for the Convenience Restaurant and one for the Childcare Centre). The application reports “Due to spatial constraints between the two access points, the turn lane into the southern access is proposed to be 36.4m right turn lane, which is short of the standard design requirements.”

• The application’s Traffic Report claims available data indicates there have been no accidents in the vicinity of the site within the last 5 years. This statement is clearly false and the statistics on the Victorian Government Data Vic webpage provides information regarding the many accidents on Hereford Road over the last 12 years. Of the 16 reported accidents which occurred between Rangeview and Bailey Roads, 7 were reported in the last 5 years.

• All four of the closest McDonald’s outlets (Lilydale, Mooroolbark, Chirnside Park & Kilsyth) are located on major roads/highways with a minimum of 2 lanes in each direction.

• The Planning Scheme’s objective is to facilitate an efficient and safe road network, and the strategy is to ensure new development and land use is accompanied by infrastructure and management measures that address the needs generated by the proposed development or use of the land.

• Clause 53.04-2 of the Planning Scheme (Convenience Restaurant) states that the responsible authority must consider the adequacy of traffic measures to:
  - provide safe pedestrian movement
  - achieve safe, efficient vehicle movement on site and access to and egress from the land
  - avoid disruption to traffic flow on land in a Transport Zone 2 or Transport Zone 3
  - prevent inappropriate use of local residential streets.

• Do you think Hereford Road is the right location for this development?

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• Mount Evelyn is commonly described by its residents as having a village feel.

• The main activity centre in Mount Evelyn is located on Wray Crescent which is half a kilometre from the site.

• The existing and the commercial establishments in the immediate vicinity all relate to health and sporting activities. The premises of the martial arts school and the medical surgery are housed in converted dwellings.

• The highest part of the roofline (the play space) of the food restaurant is proposed to be 7.2 metres. The lowest part of the roofline is proposed to be 6.3 metres. Will these heights blend with existing dwellings on Hereford Road?

• Hereford Road boasts many tall Eucalypt species. Does a 7 metre, illuminated, pole sign fit in with this landscape?

• According to the application’s Traffic Report the average after-hours, hourly traffic movements along Hereford Road, range from 86 cars (10pm) to as low as 26 cars (12am), which clearly indicates that Mount Evelyn is, normally, very quiet after-hours.

• The Yarra Ranges Planning Scheme (Clause 02.02 Vision for land use and development) states that the natural environment will continue to be the most defining characteristic of Yarra Ranges.

• The Planning Scheme (Clause 15.01-5S, Neighbourhood Character) also states that the objective is to recognise, support and protect neighbourhood character, cultural identity, and sense of place.

• The strategy of the above-mentioned clause is to ensure development responds to its context and reinforces a sense of place and the valued features and characteristics of the local environment and place.

• Will a fast-food restaurant detract from Mount Evelyn’s neighbourhood character?

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• The application is proposing to use the site as a fast-food restaurant on the same site as a proposed Childcare Centre.

• The neighbour on the southern side of the site comprises a Martial Arts school which offers programs for children as young as 3 years of age.

• The other commercial business in the immediate vicinity is a Medical Surgery, also housing Dorevitch Pathology.

• The Yarra Ranges Planning Scheme (Clause 02.03-1) references the Large Neighbourhood Activity Centres (which includes Mount Evelyn). The table suggests that land within and adjoining these centres is generally an appropriate location for additional housing. It goes on to say that Council’s strategic directions for activity centres are to:
  - Locate retail, commercial, entertainment, community services and facilities and other intensive employment generating activities within established activity centres, and
  - Discourage activity centre functions in out of centre locations.

• Environmental Risks and Amenity states planning should identify, prevent and minimise the risk of harm to the environment, human health, and amenity through land use and development compatibility.

• The Planning Scheme’s strategies of land use compatibility is to:
  - Ensure that use or development of land is compatible with adjoining and nearby land uses.
  - Avoid locating incompatible uses in areas that may be impacted by adverse off-site impacts from commercial, industrial and other uses.
  - Avoid or otherwise minimise adverse off-site impacts from commercial, industrial and other uses through land use separation, siting, building design and operational measures.

• According to the Yarra Ranges Council Housing Strategy 2023, “Over the next 15 years or so, there needs to be an increase of approximately 10,700 homes in Yarra Ranges and we need to ensure that we have planned for this and included your views. We need to ensure that our policies and planning regulations provide for the diverse housing needs for our community now and into the future.”

• Is a fast-food restaurant a desirable companion for a residential area, a martial arts school and a medical surgery?

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• The Yarra Ranges Planning Scheme (Clause 02.03-3 Environmental risks and amenity), states Council’s strategic direction for amenity is to provide opportunities in residential zones for non-residential land uses that respond to local community needs and retain the residential character of the area.

• Given there are already 3 fish & chip shops, 3 pizza, 7 cafes, 5 restaurants, 1 burger shop, 1 Subway, 1 hotel with restaurant & sports bar, 2 milk bars, and take away food is also available from IGA & Fast Fuel, do we believe there is a Local Community Need for this fast-food restaurant?

• The application’s traffic report refers to the RTA NSW – Guide to Traffic Generating Developments, which states the following regarding McDonald’s convenience restaurants: “The proportion of passing trade is typically about 35%”. Which indicates that the majority of traffic is expected to come from outside the neighbourhood’s immediate area, creating substantially more movements on Hereford Road, impacting road safety and (already documented) traffic flow issues in a detrimental manner. Is this meeting Local Community Needs? Is this providing Residential Amenity?

• The Planning Scheme (Clause 13.07-1L Non-residential uses in residential areas) states the strategies are to:
  - Discourage the incremental encroachment of commercial uses into residential neighbourhoods.
  - Encourage non-residential uses to adjoin an activity centre. (Mount Evelyn’s activity centre is half a kilometre away in Wray Crescent not on Hereford Road.)
  - Discourage non-residential uses from forming ribbon development along land abutting a Transport Zone and forming a quasi-commercial area.

• The policy guidelines goes on to say, Council needs to consider whether a proposed non-residential land use or development demonstrates a need to locate in a residential area.

• The Planning Scheme (Clause 32.09 Neighbourhood Residential Zone) states the purpose is to allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations.

• Clause 32.09-14 again refers to Non-residential use and development, in the local neighbourhood context:
  - Whether the use or development is compatible with residential use.
  - Whether the use generally serves local community needs.

• The Decision Guidelines state the responsible authority needs to consider:
  - Whether proposed buildings retain an inconspicuous profile and do not dominate the landscape.
  - Whether crossovers are minimised and parking facilities are provided at the rear of the dwellings or are not visible from the street.

• Note: According to the plans included in the application, on-site parking will be provided at the front of the building.

• Does this use (convenience restaurant) meet local community needs?

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• Mount Evelyn is the home of the Powerful Owl and the Mount Evelyn Environment Protection and Progress Association (MEEPPA) are the Custodians of the ‘Owl Land Reserve’ to the north of the town, one of only two to be set aside exclusively for owls in the world.

• The Powerful Owl is a threatened species, mainly due to human encroachment into its habitat. If vermin is attracted to the litter from the fast-food restaurant, baiting may increase, which would be detrimental to the survival of these magnificent birds.

• Mount Evelyn is also home to many other bird and animal species including Wedge-tailed Eagles, Kites, Bandicoots, Gliders, Bats, Echidnas, Wallabies, Parrots, Honeyeaters, Kookaburras and more. Many of the fauna residents of Mount Evelyn are nocturnal.

• According to the Australian Government’s page ‘Let’s switch off light pollution together’ many nocturnal species have adapted to use the cover of natural darkness to their advantage. They use it to carry out important activities, like breeding, foraging and migrating. When we introduce artificial light into their environment, it can disrupt their behaviours. This can negatively affect their health.

• Litter dropped in and around Mount Evelyn could end up in the Silvan Dam, Stringybark Creek, Olinda Creek, McKillop Creek or Wattle Valley Creek.

• 19-23 Hereford Road is located 643 metres from Owl Lands and 186 metres from the Warburton Trail. Both of these areas are in Green Wedge zones.

• The Yarra Ranges Planning Scheme (Clause 02.03-1 Settlement) states “The Green Wedge areas will continue to support a diverse mosaic of agricultural activities, rural lifestyle opportunities, tourism and bushland areas. New developments, subdivisions, and land use changes, will continue to be managed in a way that protects and enhances the primary Green Wedge values of supporting sustainable farming, retaining a healthy biodiversity and protecting valued landscapes.”

• The Planning Scheme (Clause 12 Environmental and Landscape Values) states “Planning should help to protect the health of ecological systems and the biodiversity they support (including ecosystems, habitats, species and genetic diversity) and conserve areas with identified environmental and landscape values.”

• How will this fast-food restaurant affect our wildlife and waterways?

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• Night time noise associated with the use of the site could include deliveries, operation of the customer order devices, car movements within drive thru, car parking, cars braking, doors closing and cars accelerating away from a stationary position. Noise from patrons talking in car parking and drive thru areas.

• A mechanical plant, housing multiple condenser units and multiple exhaust fans, will be located on the roof of the Convenience Restaurant, and this plant will run from 5am to 12am. A similar plant will also be located on the roof of the childcare centre.

• It is expected that there will be 2 deliveries per week by a 14 pallet semi-trailer between the hours of 7am and 6pm Monday to Friday and between 8am and 6pm Sunday and unloading will take approximately 60-90 minutes.

• Council’s request for the Waste Management pick-up frequency was ignored. The Planning Scheme’s strategy (Clause 13.05-1S) is to minimise the impact on human health from noise exposure to occupants of sensitive land uses (residential use and child care centres).

• The Decision Guidelines state that the responsible authority must consider: “Whether the site layout and the design of buildings, noise attenuation measures, landscaping, car parking, vehicle access lanes, loading bays, rubbish bins, plant and equipment, lights, signs, drive through facilities and playgrounds are designed to prevent significant loss of amenity to adjoining land due to noise, emission of noise, emission of light or glare, loss of privacy, litter or odour.”

• Will you be affected by noise generated from this development?

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• The application includes a plan for a 7 metre, illuminated, pylon sign.

• Mount Evelyn is home to the endangered Powerful Owl and a pair of Wedge Tailed Eagles. Many of the animals living in the protected bushland are nocturnal.

• The second floor play areas of both the fast-food restaurant and the childcare centre will contain glass or glazed panels which may create glare. The height of these areas will be well-above the planned acoustic fencing and immature trees.

• How will a commercial business, operating 24/7, affect the abutting dwellings and the wildlife of Mount Evelyn?

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• Vehicle emissions – cars, particularly idling in the drive-thru area, and trucks. (Note: there is a martial arts school next door with programs offered to children from the age of 3 years, along with a proposed childcare centre on the other side of the proposed fast-food restaurant.)

• Odours may result from cooking oil along with litter and the vermin it will attract.

• Individuals in the community have different levels of sensitivity to odour. Repeated exposure to odours can become very annoying and may lead to physical symptoms such as nasal congestion, nausea, headache and nose, throat and ear irritation.

• The Yarra Ranges Planning Scheme (Clause 13.06-1S) seeks to ensure that there is suitable separation between land uses that reduce amenity due to sensitive areas (residential use and childcare centres).

• Will the smells coming from a fast-food restaurant be detrimental to people’s ability to enjoy living in the neighbourhood?

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• A group in Melbourne's west has confirmed what many have suspected — fast food outlets are surrounded by circles of trash.

• Food waste and fast food packaging can attract vermin including mice and rats, along with flies, ants, wasps and mosquitoes.

• The Yarra Ranges Planning Scheme Decision Guidelines states that the responsible authority must consider: “Whether the site layout and the design of buildings, noise attenuation measures, landscaping, car parking, vehicle access lanes, loading bays, rubbish bins, plant and equipment, lights, signs, drive through facilities and playgrounds are designed to prevent significant loss of amenity to adjoining land due to noise, emission of noise, emission of light or glare, loss of privacy, litter or odour.”

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• Does the proposed signage blend with the neighbourhood character?

• The Yarra Ranges Planning Scheme Decision Guidelines state the responsible authority needs to consider whether proposed buildings retain an inconspicuous profile and do not dominate the landscape. Will a 7 x 4.35 metre, illuminated, pylon sign be inconspicuous?

• The Planning Scheme (Clause 52.05 Signs) states the purpose is to:
  - regulate the development of land for signs and associated structures
  - ensure signs are compatible with the amenity and visual appearance of an area, including the existing or desired future character
  - ensure signs do not contribute to excessive visual clutter or visual disorder
  - ensure that signs do not cause loss of amenity or adversely affect the natural or built environment or the safety, appearance or efficiency of a road.

• Will the signage distract drivers, shortly after exiting the busy intersection of York Road, or after coming around the bend from the Lilydale direction? And is there the possibility of last-minute decisions to turn into the fast-food outlet?

• Many of the wildlife species living in the area are nocturnal. The proposed hours of operation are 5am to 12am.

• Will the illumination and glare generated from this massive sign be detrimental to the amenity of the surrounding dwellings and Mount Evelyn wildlife?

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• A national survey of fast-food workers has revealed 87% had experienced abuse and aggression at work.

• A shocking scene at an Aussie McDonald's, with tables and floors covered in rubbish and emptied liquids, has highlighted the dire situation experienced by some hospitality staff working through the night.

• A Perth council is pushing ahead with a plan to ban fast food outlets from being built. Anti-social behaviour, obesity, noise, odour, traffic congestion, excessive signage and litter are among the reasons listed in submissions to proposed changes to the city’s planning scheme.

• Fed-up owners of a Hungry Jack's restaurant in Perth temporarily banned service to unsupervised teenagers after a string of recent, violent incidents which threatened staff.

• A McDonald's staffer was caught offering to share illicit drugs to customers while allegedly high on the job himself.

• Safety screens have been installed at the counters inside a McDonald's store on Adelaide's nightclub strip, following repeated incidents of abuse towards workers.

• A McDonald's employee has spoken out after her colleagues were attacked while trying to do their job in Melbourne.

• A group of teens were arrested in 2023 after allegedly robbing two fast food restaurants in Melbourne.

• The Yarra Ranges Planning Scheme (Clause 11 Settlement) states, planning is to recognise the need for, and as far as practicable contribute towards, health, wellbeing and safety.

• Are you concerned about crime in and around a fast-food outlet?

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• The Yarra Ranges Health and Wellbeing Plan 2021-2025 consists of seven priorities. Priority Number 3 is ‘Increase Healthy Eating’.

• A 2022 research document on eating behaviours concludes that “Our findings suggest that eating behaviors in childhood have long-term influence on diet and weight status, thereby reinforcing the importance of early interventions that promote healthy eating.”

• A 2024 article on news.com.au, states “Obesity in Australians is on the rise and there is one unlikely age group that are stacking on more kilos than the rest. Young adults are gaining weight at a rapid pace and have been identified as the heaviest age group in Australia. Experts predict 80% of 18 to 30-year-olds will be overweight by 2038. As a result the average life expectancy of people obese at 25 will decrease dramatically, with men losing eight years of life and women losing six years.”

• According to the Australian Government’s Department of Health & Aged Care, “Eating well contributes to quality of life”. “More than 7% of the total burden of disease in Australia is due to poor diet.” And “Health conditions that are often affected by our diet include overweight and obesity, coronary heart disease, stroke, high blood pressure, some forms of cancer and type 2 diabetes.”

• Neighbourhood food typologies, fast food outlet visitation and snack food purchasing among adolescents in Melbourne, Australia, National Library of Medicine, published 2021, the paper concludes “Local government could emphasise an overall balance of food outlets when designing neighbourhoods to reduce propensity for fast food outlet visitation among adolescents.”

• Research documents regarding the proximity of fast-food restaurants to schools, examples Fast food restaurant locations according to socioeconomic disadvantage, urban-regional locality, and schools within Victoria, Australia, Deakin University, 2015, concluding “Increased opportunities to access fast food restaurants in areas with greater levels of disadvantage and around schools may serve to shift norms towards unhealthy choices amongst vulnerable populations. Understanding the distributional patterns of fast food restaurants may assist authorities to target appropriate potential policy mechanisms, such as planning regulations, where they are most needed.” and Clustering of Fast-Food Restaurants Around Schools: A Novel Application of Spatial Statistics to the Study of Food Environments, National Library of Medicine, US, 2004.

• The Yarra Ranges Planning Scheme, (Clause 11 Settlement) states:
  - Planning is to recognise the need for, and as far as practicable contribute towards, Health, Wellbeing & Safety.
  - Planning is to prevent environmental, human health and amenity problems created by siting incompatible land uses close together.

• This application proposes to use the site at 19-23 Hereford Road, Mount Evelyn for a fast-food outlet in between a proposed childcare centre and an existing martial arts school, both serving the needs of young children in the community.

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