maccas update - 28 aug 2014

Regular planning register watchers will have noticed this application for a planning permit amendment – YR-2011/647/A at 1529 Burwood Hwy, Tecoma (McDonalds site) for “Buildings and works associated with a convenience restaurant including acoustic boundary fence, creation and removal of easements, variation to the existing easements, erection of associated signage including internally illuminated signage and removal of vegetation”.    

The nature of the amendment is a request for ‘secondary consent’ for additional signage on the site.

Secondary consent is a mechanism that has no public submission process attached to it, there is also no ability for a Councillor to use ‘call in’ powers for the matter to be decided before full council.

Secondary consent is a way for a Responsible Authority (council) to consent to change plans when the change being considered is not ‘transformational’, (ie: reducing impact such as lowering a building height, increasing setbacks, changing building materials, roof colour, etc).

It utilises the mechanism of a permit condition, in this case condition 2 which says “The layout of the site and the size of the buildings and works shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority”.

In it’s decision for the permit the VCAT tribunal members made these comments in relation to signage (from para 91):

91   Notwithstanding the above general support for the proposed signage, we concur with the residents that the number of signs should be reduced. There is some duplication of the larger signs and we think the number of signs exceeds the signage generally provided for other commercial premises in Tecoma. We think the following signage should be deleted as it largely duplicates other signs and would add to the extent of night illumination. The signs that we will require to be deleted are:

·   S13 – flagpoles and banners (should be replaced by landscaping).

·   S9D – 2.3metre by 0.7 metre directional sign (could be replaced by smaller non illuminated directional sign).

·   Delete either 9A or 9B (2.3 metres by 0.7 metre) at entry to the access aisle to Burwood Highway as these signs duplicate.

·   Replace Sign S2B on the west elevation with S4B.

·   Delete S4B from the blade on the west elevation.

92   We consider the dimensions and content of sign S4A to be appropriate, however, we consider its colour to be overly prominent. We consider a more muted colour should be employed.  Given the height, size and illumination of the large north facing ‘McDonald’s’ sign, we concur with the residents that it would generate a strong illumination into the adjoining residential areas, and we will direct that the illumination be turned off between 10.00pm and 7.00am.

93   With these modifications we consider the proposed signage would comply with the decision guidelines of the Scheme, make a positive contribution to the streetscape and not adversely impact the site’s neighbours.

As the application was only lodged this week it has not as yet been considered by our planning officers. Although there is no public submission process as part of a Secondary Consent application given it is a live planning permit amendment application plans are available for public viewing. I have organised for plans to be available at our Upwey office as of next week (1 Sep).

    

I’ll keep you posted with more details as they come to hand.

samantha in the media

Eastern Transport Coalition wants State Government to include projects in State Budget
Leader Newspapers
by Laura Jolly
27 Dec 2013

David and Goliath take Melbourne (at 1:20 mins mark)
 Channel 31
by Georgia Georgadas
2 Jan 2014

Bushfire retreats listed
Mail Newspapers
by Kath Gannaway

Commuters urged to add voices
Mail Newspapers
by Rebecca Bills

 

Roots of play

Mail Newspapers

by Rebecca Bills

21 Jan 2014

 





samantha in the press

Taking firm grip on ivy
Mail Newspapers
15 Dec 2013

Maccas are in the frame
Mail Newspapers
by Rebecca Bills
13 Dec 2013

samantha in the press

Opponents celebrate Macca's failure
Mail Newspapers
2 Dec 2013

tecoma maccas and the easement

Council has received a few emails querying access arrangements to the easement running along the rear of the Tecoma McDonalds construction site.

Below is an extract of council’s response to these emails:

“….Under the provisions of the Building Act 1993, a Private Building Surveyor (PBS) may issue building permits and has significant statutory powers and responsibilities regarding compliance with his or her permits and safety issues on the building sites to which those permits relate (for example, pursuant to regulation 604[1]).  Whilst some of those powers and responsibilities are concurrent with those of the Municipal Building Surveyor (MBS), an MBS will generally not interfere with a PBS’ discretion unless there is a powerful reason to do so.

The PBS for the construction works at the subject site (and not Council or the MBS) has seen fit to require hoardings on the title boundaries of the land at 1527 and 1533 Burwood Highway Tecoma.  For the reasons that follow, and as things currently stand, neither Council nor the MBS see any reason to question the PBS’ decision.

Prior to the current development, an easement in Council’s favour included the land at 1527 and 1535 Burwood Highway, Tecoma but did not include the land at 1533 Burwood Highway.  It was a condition of the current planning permit for the current development that an easement be granted in Council’s favour which includes the land at 1527, 1533 and 1535 Burwood Highway, Tecoma. 

The easement is in Council’s favour, not the public’s favour.  It is a matter for Council whether or not it enforces its right to the easement.  Council sees no need to do so during construction works and, in particular, when the PBS has seen fit to require hoardings.

The entirety of the subject site is a building site until the current building work is completed and the PBS issues a Certificate of Occupancy.....It is safe to assume that in requiring the hoardings the PBS was mindful of the protection of the safety and health of the public (as required by section 4 of the Building Act 1993).  It is self-evident that serious risks exist if persons without the appropriate training and approval in relation to occupational health and safety issues enter any building site.  Those risks continue until construction works are completed and a site ceases to be a building site.....”

community gathers in celebration

Today the community came together to celebrate one year on from Reclaim Tecoma from McDonalds – Community Garden planting, a garden created in response to the VCAT decision to approve a McDonalds in Tecoma.

To mark the occasion a community lunch was held at Bonsai Bali, the place was packed, people coming together unified in their opposition to the development and bonded by strong friendships that have formed in the past year.

One year ago more than 500 people attended Reclaim Tecoma, it was a spontaneous response from the community and we've continued to see that level of response to many and varied events one year later. It doesn't surprise me, the Dandenong Ranges people are passionate about their area.

We've seen an amazing array of events over this last 12 months with an enormous amount of media attention, many of them featured on my past blogposts.

In more recent times we've seen Fatspace open with their inaugural exhibition, Junk Food - Fast Fried and Fatal, Fatspace continue their activities with an approach designed to take on key issues many of them confronting and controversial.

The opening of new business Fatspace in Tecoma was
an enormous success, the place was packed.

A benefit for the Tecoma 8 was put together in the space of one week and held at the Gemco Theatre in Emerald, a great night featuring an enormous array of talented hills musos giving their time freely to raise money for the eight community members being sued by McDonalds (note since this time damages have not been sought by McDonalds, but they are still pursuing legal costs).

 

A highlight of the Gemco benefit was the community singing
of Amazing Grace for the Tecoma 8 - well 6 on the night.

The youtube Les Miserable flash mob at Knox City has gone viral, sitting at over 55,000 views.

The Swing into Spring Ball gave everyone a chance to frock up 1920s style to raise money for the Tecoma 8. It was a great night, the music provided by local swing and jazz band Shirazz. The Ball gave everyone a chance to let down their hair, have a good time and enjoy new found friendships developed on the protest line.

It was terrific to be supported by Dave O'Neill and
local celeb Genevieve Morris at the Swing into Spring Ball.

Six of the Tecoma 8, got into the spirit of their fundraiser.

 

Some of the VCAT appeal team, nice to catch up with
community members who worked tirelessly on the VCAT appeal,
volunteering hundreds of hours in preparation.
Pictured left to right: Steve, Kate, Samantha, Nicole and Claire.

A rally was held at Federation Square, where the documentaries of Tim Smith ran for a week on the big screen, it was great to be there speaking on behalf of the community.

It was terrific to see hundreds of locals at Fed Square.

 

Many locals took the train to the city and marched from
Melbourne Central through to Federation Square
with much support from city onlookers.

 

Nick led a stirring rendition of the Les Mis song that's
become another part of the soundtrack to this campaign.

 

The flash mob perform at Fed Square, it was an
extraordinary and stirring part of the rally.

Comedian Dave O'Neill has been a terrific supporter and came back to perform at the Tecoma 8 fundraiser, the Dave O'Neill Spectacular, a night of stand up, trivia and a showing of TakeAway, a film he wrote with Mark O'Toole in 2003. The crowd was in stitches with many parallels between TakeAway and Tecoma.

Protestors have continued to maintain a presence on the site now for 105 days. In most recent news I can report that Yarra Ranges Council has written to McDonalds to ask what legal mechanism they are using to close the easements at the construction site.

What really strikes me a year on from Reclaim Tecoma is the resolve of people to continue to fight, it has not waned and I have no doubt they will continue in their efforts to fight this development and support the Tecoma 8.

samantha in the press

McDonalds faces backlash in Tecoma, Australia
BBC
by Phil Mercer
2 Oct 2013

Wildlife retreat taking shape
Mail Newspapers
1 Oct 2013

Caravan park to be returned to bushland
Leader Newspapers
2 Oct 2013

60 year party planned for Menzies Creek Hall
Leader Newspapers
2 Oct 2013

samantha in the press

Belgrave and Lilydale train line passengers most likely to have parking trouble, RACV survey says
Lilydale Leader
by Laura Jolly
27 Sep 2013

Burger off!
The Age Good Weekend

by Stuart Rintoul

28 Sep 2013

maccas update - carriageway easement advice

I have received many emails and verbal questions regarding the status of the carriageway easements at both 1527 and 1529 Burwood Hwy, Tecoma.  

I can advise that advice has been sought in relation to the status of this land and rights of access.

A carriageway easement is not the same as a road and therefore access rights depend on the specific nature of the easement and those that are defined as beneficiaries.  A carriageway easement is an encumbrance of privately owned land and is not public land.

There are existing east-west carriageway easements over the rear of 1529 and 1531 Burwood Highway (former Hippie Haven and Saffron Cottage) and over 1535 Burwood Highway (Video store), but not over 1533 Burwood Highway.   There is however a requirement of the planning permit for the McDonalds proposal to create a carriageway easement over 1533 Burwood Highway to create a continuous carriageway easement.

The Council has signed a plan for the creation of the easement over 1533 Burwood Highway, but as of 12 August 2013 the plan had not been registered with the titles office. This must be registered on title before construction can commence as per the permit conditions. 

The existing carriageway easements are in favour of the Council and the public at large is entitled to utilise the land for access.

Legal advice received is that a carriageway easement can be used to traverse the relevant land, not to set up and remain on that land.

As the carriageway easements in this instance are created for the benefit of the Council, it is for the Council (and its staff via delegated powers) to determine when and on what conditions the east-west easement might be blocked for health, safety or other reasons.

A carriageway easement is also in place between 1527 (group of shops) and 1529 Burwood Highway running north-south.  This easement is registered for the mutual benefit of the owners of the adjoining land parcels.   

Half of this easement (3.4 metres wide on 1529 Burwood Highway) is also an easement in favour of the Council (and general public).

Invitees/customers of those two owners (1527 and 1529) of land are entitled to use the north-south easement unless they are excluded.  Such exclusion would require agreement of the Owners Corporation at 1527, the owner of the McDonalds development site and the Council.

Council’s staff have been in ongoing contact with representatives of the McDonalds development regarding access around the site.  It is understood that WorkSafe and the Police have also had involvement to ensure safety for the community and contractors working on the site.  This has led to restrictions of access.

From recent discussion with representatives of McDonalds it is understood that with the demolition works now nearing completion, temporary barriers and hoarding in Burwood Highway will be shifted to allow pedestrian access along the footpath in Burwood Highway.  Part of the footpath may still be obstructed, however Council staff will give guidance to the representatives of McDonalds as to temporary works that cater for this.

Concerns have been raised with McDonalds representatives by both Council staff and the community over restricted pedestrian access in the vicinity if the works.  McDonalds consultants have then relayed this to the builder for the project advising of actions that should be taken to ensure community safety.

Council staff are maintaining contact with representatives of McDonalds as the project continues to ensure that appropriate safety measures are in place. If you have any concerns at all please contact the shire on 1300 368 333.

today in tecoma

 

There has been many conversations on site amongst community members expressing concern about the hours of operation at the McDonalds Tecoma construction site.

 

To confirm, contractors can undertake works between 7am and 6pm Monday to Friday and 7am and 1pm on Saturday.  I have been advised that council officers will follow up with contractors to ensure they are aware of these hours.

 

Below are some pics from today.

 

 

 

 

samantha in the media

Tribunal's planning powers angers councils
ABC 7:30
by Ashlynne McGhee
2 Aug 2013

Whitehorse Council calls on State Government to upgrade Box Hill's public transport interchange
Whitehorse Leader
by Melanie Gardiner
2 Aug 2013

maccas update - day 18

Last week the National Union of Workers provided
their blockade bbq to cook up breakfast for community
members protesting on site.

I attended parts of the Supreme Court Hearing today, where McDonalds Australia Ltd sought an injunction to restrain named defendants, a number of community members who have been protesting at the McDonalds Tecoma site.

After unsuccessfully seeking an adjournment, the matter was heard by Supreme Court Justice Kyrou. 

In summing up the reasons for granting an injunction order Supreme Court Justice Kyrou said he was granting a temporary order that strikes a balance as some aspects of the terms sought by the Plaintiff (McDonalds) were too wide.

Justice Kyrou defined the areas that the named defendants are not permitted to enter or remain in relation to the site on Burwood Highway. He said the order was limited to those who entered the McDonalds property between 1-17/7/13 and ascended the roof and those who wrongly interfered with the access of workers.

He went on to describe the areas that the order pertained to, which referred to a map supplied by the Plaintiff, I do not have a copy of the map but it is my understanding that these areas include the McDonalds land, the adjoining vacant lot, the footpath to the front of the site (the temporary one) as the evidence suggests that entry and egress to the site occurred from the footpath. Burwood Hwy cannot be accessed for the purpose of doing anything prohibited. There was also discussion on the carriageway easements, however I don't have clarity as yet on this element of the order.  

There are also a number of other conditions regarding conduct and preventing the throwing of articles to the land.

Justice Kyrou acknowledged he had only heard one side of the story and has granted the temporary injunction till 4pm 1 August, 2013, when the case will resume allowing defendants the opportunity to put their side of the story and where the matter of costs sought by McDonalds will be covered as well.

In explaining his reasons Justice Kyrou said that elements of the request made by the Plaintiff caused some difficulty because of the need to balance the right to peacefully protest and the rights of the owner of the land and that it was not his intention to stifle legitimate community debate. He also confirmed that statements made on websites or in conversations against the development would not infringe this order.

The matter will resume at 10:30am on the 1st August, 2013 in the Supreme Court.

Here's a couple of stories from today's Age and the Herald Sun.

(please note this blog entry is a recollection of the time I attended the hearing, it is not legal advice, nor should it be read as such)

samantha in the press

Pecking Order
by Emma Sun
Mail Newspapers
9 Jul 2013

Weeding blitz takes hold
by Chelsea Clugston
Mail Newspapers
9 Jul 2013

Fingers pointed
by Emma Sun
Mail Newspapers
9 Jul 2013

Protest freezes construction
by Emma Sun
Mail Newspapers
9 Jul 2013

maccas update @ 8 july - day 8

Day 8 since McDonalds began works out at their site in Tecoma. The community continues to maintain their picket line at the site, the CFMEU continues to respect the community picket and many people come and go maintaining the protest at the Burwood Hwy frontage of the site.

Today's media coverage included a spot on 3AW where Brian Baker's Ballad of Tecoma got a run and this article appeared in The Age.

A small group of community members travelled to the city to protest outside Treasury Place to coincide with a Cabinet Meeting of the State Government. Tomorrow a group of protestors will head to VCAT to protest, where at the same time Day 2 of the appeal regarding the 'sawmill site' in Healesville will continue (the original sawmill site proposal contemplated 2 convenience restaurants, a McDonalds and Red Rooster).

Local businesses continue to contribute food and drinks to community members on site. Today I saw a box of fresh organic bananas supplied by Eastfield Organic Natural Foods in Croydon South being distributed, this morning Hahndorf's Fine Chocolates in Upper Ferntree Gully provided hot chocolate, coffee and chocolate for the community. Belgrave Organics have been a long time supporter of the community campaign and have provided a central hub to purchase stickers, t-shirts, CDs, wheelie bin stickers and donations to the campaign over a very long time.

This has been a long journey, since I first received the call regarding the application in February 2011. Since the unanimous council decision to refuse the application I have been strong in my resolve to oppose this inappropriate development for Tecoma and I join with the community in their resolve. I believe a system that does not take into account the number of community objections, nor give them weight is a flawed system and must be changed.

There is no sign of the motivation and energy dissipating from community members, they remain strong and committed to their protest.

Here's some pics from day 8 of the protest:

maccas update @ 7 july - day 7

 

Today the community held a barbeque out on site. Many people came throughout the day to spend time on the community picket line, out the front of the site, chatting to the people on the roof and generally chatting with each other getting to know each other better.

Below are some pics from today of the ever evolving protest.

Today saw 5 people on the roof, with Janine, sporting
a plaster cast after injuries to her hand from the alleged
assault by security officers, returning to the roof.

The hoardings were washed clean by last night's rain, but
by mid afternoon were almost returned to their former state.

Local harpist, Susan Graham, played beautifully whilst
she joined the community picket line.




This 'shift' of the community picket line
enjoying some lunch, all donated from the community.

Sarah cheerfully volunteering to staff  the food and drink
stall today, all goods donated, all labour donated by a raft of
supportive community members.

 

The local drumming circle provided entertainment throughout the day.

 

People continued to rally throughout the day, the support not wavering.
They continue to receive a positive responses from passers by,
many of them tourists on Sunday.

maccas update @ 6 july - day 6

I was pleased to be invited to welcome community members
to the Say No to McDonalds in Tecoma walk.

Today there were a couple of activities underway for community members to participate in. The ongoing protest and community picket line at the McDonalds site in Tecoma continued, there was also a Say No to McDonalds in Tecoma Walk held at the 1000 steps at the Dandenong Ranges National Park in Upper Ferntree Gully.

The issue got a run in today's Herald Sun,
love the cartoonist perspective.

A very popular tourist destination, locals had a great response from visitors to the 1000 steps who were not keen to see a McDonalds built in Tecoma.

These visiting tourists were keen to take flyers and
do more to assist the campaign.

Many tourists thought it was a bad idea, they didn't think it was the right fit for the Dandenongs.

A group of around 50 locals joined in a community walk in the national park, enjoying what we love about the Dandenongs, our beautiful natural environment.

After the walk I visited the protestors in Tecoma.

This is the community picket line the CFMEU have
committed to not crossing until community concerns
are addressed.

Linda from Belgrave Heights dropped down with toasted
cheese sandwiches for all on site.

Shane has been a long standing protestor on the roof.

Today Indi Film Maker Rod Neason took this footage of local girl Emily who was being interviewed by Channel 7.

These hardy folk were happy to maintain the community
picket line through rain and hail.

Cathy from Rowville brought freshly cooked muffins
for people to enjoy, still warm from the oven.

Tamara from The Patch brought freshly brewed
home made chai to warm up protestors.

The weather got gloomier and gloomier but that did
not stop protestors at the front of site, buoyed on
by support from passing motorists.

Janine and Mark accept warm cups of tea from
supportive community members.

Even into to the night and in atrocious weather conditions
community members kept their vigil at the front of the site.

Community members remain strengthened in their resolve to maintain a presence at the site and there was much support from passing drivers and pedestrians.