Lead

McDonald’s is set to open a 24-hour restaurant on a Melbourne street once named the “world’s coolest” by Time Out magazine, after the fast-food giant successfully challenged a local council’s refusal to permit the development.

The Victorian Civil and Administrative Tribunal (VCAT) upheld McDonald’s appeal against Darebin City Council’s rejection of its planning application for the site at 323 High Street, Northcote. The decision, published on Friday, effectively clears the way for the store to proceed.

Coverage comparison

Coverage of the ruling was broadly consistent across the outlets that reported it, with both ABC Australia and The Guardian — World noting the court’s decision was based on the limits of the tribunal’s powers regarding the identity of the business operator.

ABC Australia emphasised the council’s rejection and the local opposition, while The Guardian highlighted the council’s 6-3 vote against the application. Both outlets noted that more than 11,000 people had signed a petition opposing the restaurant, with petitioners arguing it would “compromise Northcote’s unique character.”

The two reports also differed slightly in their framing: ABC Australia referred to High Street being named “world’s coolest” in 2024, while The Guardian used the same descriptor in its headline. Both quoted VCAT member Michael Deidun’s remarks about the tribunal not having the power to assess McDonald’s corporate practices or whether the store suited the “cool vibes” of the area.

Key claims

  • Legal ruling: VCAT upheld McDonald’s application for a review of Darebin Council’s decision, which had rejected the proposal. The tribunal found the site already held a planning permit allowing it to be used as a cafe or restaurant, independent of who operated it.
  • Council vote: Darebin councillors voted six to three against the application at a planning meeting in November last year, according to ABC Australia and The Guardian.
  • Community opposition: A petition signed by more than 11,000 people argued the restaurant would harm Northcote’s character, citing concerns over litter, traffic congestion, and environmental impacts.
  • Site condition: The building has been vacant for over a year following a fire, as reported by ABC Australia. The Guardian noted the site had been vacant for a number of years and was in an “uninviting” state, targeted by vandalism and trespassers.
  • Tribunal reasoning: VCAT member Michael Deidun stated the tribunal did not have the power to review McDonald’s corporate approach, work practices, ethics, or food health impacts, nor whether it fit the “cool” vibe of the street. He added that the planning system in Victoria is “somewhat blind to the final operator.”
  • Economic benefits: McDonald’s Australia has argued the development will create approximately 100 jobs during construction and another 100 jobs for local residents once operational.

Perspectives

Darebin Council and local residents: Council members and opponents argued the restaurant would compromise the street’s unique character, citing potential increases in litter, traffic, and environmental problems. Their rejection was met with applause from residents attending the council meeting.

McDonald’s Australia: The company welcomed the VCAT decision, stating the site was already zoned for commercial use and that the restaurant would restore the building, improve surveillance of a public walkway, and bring pedestrian activity and commercial activation to the area.

VCAT ruling: The tribunal’s decision underscores a limitation in Victorian planning law: the planning system cannot discriminate based on the final operator if the land use is already permitted. As Deidun noted, the tribunal does not have the discretion to regulate fast food operators on sites that are legally zoned for retail premises.