McDonald's Objections and Petition

If you still wish to lodge an objection to the McDonald's Restaurant it is not too late. Council will accept objections up until a council meeting considers the objection, which will be in April.

There is also a petition circulating. Most Knoxfield take-away foodshops, the newsagency and pharmacy have copies of the petition for you to sign. Let's show the councilors that residents in Knoxfield DON"T want a McDonald's Restaurant in our suburb.

Ian

McDonald's Campaign

 Today I rang Paul Dickie, Manager of Planning, Knox Council, re McDonald’s Application and was told that to date 106 objections have been received by the council. This does not mean that you can’t still send in objections, as council must receive them until decision day which will be Tuesday 29^th April 2010.

Knox Council has set down the 16^th March for a Planning Consultation Committee meeting with the objectors, the applicant (McDonalds), councilors and Planning staff. You must mark this date in your diaries as it is essential that all objectors attend to display our opposition to this planned restaurant. Usually everyone that attends has an opportunity to speak. All objectors will receive an official invitation to this meeting from Knox City Council. Hopefully we’ll be able to present our concerns to McDonalds, the councilors and the council officials that make the decision.

Today I delivered petition forms to the take-away restaurants, butchers and newsagency, hoping that we can get many hundreds of signatures in opposition to this planning proposal. The petition only counts as one objection, but it delivers a message to the councilors about the wishes of residents.

If you wish to help further with the petition I have included a copy in this email. It is essential that everyone signs in the appropriate place and that only this form be used. Additional pages attached without the wording will not be accepted.

Thanks for your assistance and let’s win this campaign

Ian 0425756688

Macca's Campaign

My apologies to everyone as I typed the wrong application number on the objection form, which went to council. Fortunately all that were delivered to my house were corrected before being submitted but some got through the system. Everyone apparently got a the same letter stating the wrong application number was entered.

I’ll check on the final number next week, but earlier this week there were about 100 objections lodged.

Ian

McDonald's Restaurant

Did you read the Opinion page of the Knox Leader for the 15^th December 2009?

A very interesting letter exists which spells danger for the residents of Kathryn Road and the Knoxfield Shops.

Macca Mayhem

Knox residents are being very smart by opposing the proposed 24/7 McDonald’s in Ferntree Gully Road.

I live within the vicinity of the Ferntree Gully 24/7 McDonald’s in Clyde St and am constantly frustrated with the disruption this Macca causes to the neighborhood.

The drive-through constantly blocks access to Clyde St at peak times with vehicles lining up in both directions, forcing other vehicles to have to either wait for up to 10 minutes or make unsafe passes around these vehicles in order to access the rest of Clyde St. How there has never been no accident to date is beyond me.

Another 24/7 Macca in the area will just bring a new set of problems especially in Ferntree Gully Rd with hoon drivers.

T B, Ferntree Gully

Could you imagine the how this scenario could play out in Kathryn Road at the intersection with Ferntree Gully Road?

This application must be turned down by Knox City Planning Department. But unfortunately from past experience with development in Knoxfield, I don’t have much confidence in the Traffic Department to assess this problem and to present a solution.

Maintain your opposition and join the protest on the council steps when council considers this proposal. We will inform you of action to take when the application is advertised. Be prepared for action over the Christmas break, as it could very well be advertised then.

McDonald's Restaurant

McDonalds’ Restaurants have submitted an application to Knox City Council to build a restaurant at the corner of Ferntree Gully and Kathryn Roads, with traffic exiting into Kathryn Road. Knox Council Planning Department are in consultation with McDonalds at this stage. When plans are finalized they will be advertised with a notice on the corner site. It is then that we are able to submit objections about this development. So keep a watch to see when this notice is displayed as we only have 14 days from this time to submit an objection. Ten or more objections must be received by council to have a Planning and Consultation Meeting (PCC Meeting) at the council with the developer.

To date the “Save Knoxfield “ campaigners have been to VCAT on 6 occasions and to date have lost five cases, as can be seen by the destruction of trees and vegetation in Knoxfield. So even if council refuse this permit the likelihood  of VCAT passing it is obvious. What must be done is to get as many concessions out of McDonalds to help retain some of the beauty of Knoxfield. This may seem to giving in but it is realistic from our experiences.

We have had informal discussions with Knox Council and these were the main concerns presented to them. We can only hope they have addressed them with McDonalds to get some changes to their plans.

Ian Simpson

saveknoxfield@ozemail.com.au

 

 McDonald’s Knoxfield

 

Knox City Council must consider the McDonald’s planning application together with the one at 3/5 Kathryn Road, as together they both will have a major impact on safety for Knoxfield residents.

 

Concerns:

 

• Will create more traffic for Kathryn Road – admitted by Paul Vallay from McDonalds
• Will create traffic chaos at Kathryn and Ferntree Gully Roads intersection. Possibly four crossovers between FTG Rd corner and Knox Place bus stop in Kathryn Rd an extremely dangerous situation.
• A McDonalds store will have no competition locally, except for local takeaways – anti-competitive. Will result in lack of variety in takeaway services in Knoxfield.

Of the 21 shops, 7 are take-away food shops, that is 30% of the shops will lose trade. Anne Road shops will also be affected with 4 of the 7 shops offering takeaway foods.

• Environmental issues including smells, litter, noise and lighting. Removal of two indigenous Eucalyptus cephalocarpa trees.
• Will result in teenagers congregating in groups and moving through the estate noisily at night time – possibly more vandalism.

 

Concessions Requested from McDonalds:

 

·   No Exit into Kathryn Road

·   Left turn lane from FTG Road into Kathryn Road

·   Limit hours of operation

·   Plant and sound barriers

·   Diffuser for exhaust system to eradicate smells

·   Some road works to limit speed and density of traffic

·   Signs forbidding access to High Street Road

·   Policy on dealing with unruly and noisy behaviour especially at night.

·   Design to include retention of trees.

 

No 32 kathryn Road - VCAT Decision - VCAT Review

NO 32 Kathryn Road 

VCAT issued an Order  yesterday for the approval of the development of three double storey townhouses and one single storey townhouse on No 32 Kathryn Road Knoxfield.

There is no appeal unless we take it to the Supreme Court.

The main issues that are of concern with this decision are:

1.  The Order was issued for the wrong address (probably a typo, but how could they get it so wrong)

2.  No mention is made in the decision of residents’ concerns. Our efforts and the voices of 437 people with the petition have BLATANTLY been ignored in the process.

3.  Amendments were made to the plans, submitted before VCAT. Changed plans ought to have been resubmitted to council again for approval. VCAT is usurping the role of council and becoming a defacto planning organization.

4.  Agreements made with the developer in VCAT were not issued in the Order, therefore the developer can get away with issues they watered down in VCAT by saying they’d agree to building 2 metre high fences at their cost and retaining screening hedges to block out the units from neighbors vision.

There are some gains though that we did gain in the process. We now have a far better development than that initially submitted. We delayed the process by 16 months and in that process seemed to have dissuaded developers from approaching Knoxfield as a development area. There are now awaiting a decision on No 40 Kathryn Road. The hearing was 4 months ago. As the proverb says, ”No news is good news”.

Chairnan’s Review of VCAT

Yesterday four residents attended a meeting with Justice Bell, the Chairman of VCAT.

The meeting was an open forum for people from all over Victoria to express their concerns with the VCAT process and to initiate change. Justice Bell ensured everyone had a chance to express their opinions on issues and he followed up discussions on how the process could be improved.

The main issues we have from our experiences are:

1.      Procedure of Hearings. The applicant ought to address the hearing first, followed by council and then other submissions. The applicant could have a right of reply at the end of the hearing. This would bring the hearings into line with the legal system.

2.      The weight given to the evidence provided by “Expert Witnesses”. These witnesses are in the employ of the applicant and should be treated as such. At one hearing we attended, the applicant organized the expert witnesses over the lunch break to present new evidence to counter everything we said. Our evidence proved that of the expert witnesses to be false. This new evidence was accepted and the chair passed the application unchanged as she accepted the evidence of the expert witnesses over the local residents.

3.      The low weight applied to retaining indigenous vegetation, especially in areas protected by a Vegetation protection Overlay 3.

4.      The low weight applied to the planning regulations like the Rescodes, in favour of Melbourne’s 2030 Policy and the desired future outcomes.

 

Most of these issues were expressed by people from other areas of Victoria, from Port Campbell, Macedon, Kilmore, St Kilda, Camberwell, Hawthorn, Knox. The issues are the same and I genuinely think that Justice Bell was shocked with some things that were stated at the meeting.

·    Basically people do not have confidence in the VCAT Review system, which is not operating as a system of justice as originally planned. People have a perception that local authorities do not have confidence to present good decisions on planning, as developers see VCAT as the final decision maker, and budget for this in their costs.

·    Appeal Process: The only appeal process is to take the decision to the Supreme Court. Justice Bell is suggesting another level of appeal could be implemented for decisions made which are flawed. This process would be available for all involved in the process.

·    Mediation: Justice Bell suggested that VCAT could operate a system of mediation to try to usurp the need to take Planning Applications to VCAT. This would be done at the local level. We are fortunate in Knox that the council will conduct a Planning Consultative Committee Meeting if there are 10 or more objectors. Basically from experience though this permits residents to air their concerns but has only resulted in one developer submitting alternative plans and that was for No 32 Kathryn Road. The other developers took the applications directly to VCAT and see the council process as only a stepping stone to VCAT.

·    Appointment of Members: Justice Bell was clearly shocked when told that having a chairperson as a Town Planner just doesn’t work. The process is incestuous, with Town Planners for the developer presenting to a Town Planner who is the chair and having the council argument presented by another Town Planner. As we have discovered they are all acquaintances, mostly having worked together at a council planning department. At one hearing concern was raised with the council’s Consultant Town Planner that the chair was overly interrogating him on issues, and his comment to me was don’t worry about it as he was my past boss at a local council. Justice Bell did say that in the past 18 months that he has been chair he’s been immediately involved in the selection process. But it does seem that the Minister of Planning has direct control of that process.

·    Leagal Representation: VCAT  was set up to be the Peoples’ Forum where people could get mediation without legal representation. That has now generated into a legal forum and unless you have legal, professional representation with “Expert Witnesses” you don’t really get a hearing. When you are fighting developers that have millions in their bag to throw around what hope has the small citizen have in the process.

·    The acoustics of the Hearing Room were also discussed and how the developers and their representatives intimidate residents with bullying tactics. The rooms need to be setup to provide everyone with equal space and position to be heard by all.

Finally a quote from one person present at yesterdays forum:

“It seems to be Government policy that VCAT presents decisions for developers”.

 

Knox City Council’s Landscape Plan for Knoxfield

Over the weekend you would have received notification from the Knox City Council of a Landscape Plan for Knoxfield. (We have been fighting for this planning control to limit over-development in Knoxfield.) The results of this assessment will hopefully set planning limits for Knoxfield and will be set into State Govt Planning Agreements with KCC. It is important that you respond to the survey. The Tree Study is also part of this investigation.

Our emphasis in the past has been on

· At least 9 metre setbacks from the road for all dwellings,
· Retention of trees, especially the indigenous canopy trees which help to make the character of Knoxfield what it is,
· Only single storey developments to fit the main character of Knoxfield,
· Over looking issues imposed by double storey developments,
· Speeding traffic on feeder roads, especially Kathryn and Anne Roads,
· The intrusion on our Human Rights and mental well-being imposed by over-development
· The affect of over-development on Knoxfield’s wildlife, birds, possums, etc
· Strain on Infrastructure.

The Survey is also available at www.knox.vic.gov.au/Page/Forms.asp?Form_id=71

Please spread the word to your neighbors that this is important. The aim of the study is to develop a Planning Control to be submitted to the Planning Minister to retain Knoxfield’s character and subsequently limit over-development.

Please try to visit the Knoxfield shops on Saturday and tell the council officers what you want and do not want in Knoxfield.

The Save Knoxfield Website has been updated and a link to the Survey is available from it as well http://members.optusnet.com.au/~saveknoxfieldws/