McDonald's versus Yamba: only two councillors stood for democracy, public interest and community values on the day

The Clarence Valley Council ordinary monthly meeting on 18 May 2010 passed by five votes to two the McDonald's Australia Limited development application for a 6am to midnight eat-in and drive through fast food outlet in Treelands Drive, Yamba, a small town at the mouth of the Clarence River on the NSW North Coast.

Mayor Emeritus Cr. Ian Tiley's motion for refusal of the development application:

I move the following motion for refusal:-

That DA2010/0203 for McDonalds restaurant, signage, parking and landscaping be refused for the following good reasons:-

1."The proposal will be a more intensive use than the existing uses on the subject site and result in adverse impacts on the amenity of the residential area in proximity.

2. The proposed built form, scale and design is unsuitable for the site being inconsistent with the desired future character of development in the locality.

3. The proposal will not enhance the appearance, function and viability of commercial and retail areas as required under 3(a) zone of the Maclean LEP.

4. The proposed restaurant building and associated signage will be visually bulky and intrusive and will compromise and adversely affect the visual amenity of the locality and be overbearing when viewed from surrounding streets and residential properties.

5. The proposed development will adversely affect the character and amenity of adjoining and surrounding properties and the locality, in terms of increased frequency of vehicle movements and attendant impacts including noise, odour, light spillage, lighting and glare, safety and security, and hours of operation.

6. The proposed development will result in an unreasonable increase in vehicular traffic in local streets because of the intensification of use on the site.

7. The proposed development does not provide adequate prevention and management measures to address the threat to the security, safety and amenity of surrounding and nearby residents, and the general public, arising from people loitering and congregating outside the proposed restaurant at late night opening hours.

8. At times when restaurant closed and drive through open, the drive through would be the primary and not an ancillary use

9. The nature, size and location of the proposal will have substantial adverse social impacts significantly disproportionate to any perceived benefits.

10. The proposed development is not in the public interest".

There are compelling grounds for refusal of this application based on size, social impact, increased noise, increased traffic of at least 920 vehicles per day, inadequate vehicular access for community buses, taxis and drop offs, lack of assessment of feeder roads, increased intensity of use of the site as compared to 9 to 5.30 businesses, and especially that it is not in the public interest.

The report before us does not mention the size of the proposed restaurant. It will be larger than McDonalds at Ballina.

In respect of the aims of the Maclean LEP Zone 3(a), the provision of a McDonalds refreshment room in this location cannot possibly improve the viability of Yamba hill and Yamba town centre where council has over the years devoted much resources to facilitate a vibrant mix of restaurants and attractions.

I argue that all of the grounds for refusal in the motion are matters that go to underlining that the proposal is definitely against the public or common interest.

Academic writings on public interest define it as an interest that is potentially common to everybody. The public interest is the primary criterion for judging proposals. Private interests have to be put aside at law.

The academic and legal struggle to operationalise the concept of the public interest in planning has been about separating the public from the private interest.

Thus I keep away from the impact on other businesses. Even though that is absolutely real it amounts to an individual's private interest and would not stand court scrutiny unless it could be argued that the combined business interest amounted to public interest, because of consequent community impacts such as loss of employment. Unfortunately we do not have the benefit of an economic impact study on this issue.

There is no doubt that we need to protect the finite Yamba 'food pie'. The people want a local food economy as does council, underlined through council's participation in the NR Food links Project and support of Northern Rivers Food and Clarence Cuisine.

The drive through would be an integral part of the business proposal and not an ancillary use, or a use of premises which is incidental and subordinate to the predominant use. Whilst a drive through is not prohibited under the Maclean LEP and is not mentioned therein, at certain times of the day, when the proposed restaurant is closed and the drive through alone is open for service it would become the restaurant, have a "stand alone" function and then be equal to the predominant use.

The revised S79C assessment received since the Committee meeting, has but one sentence dealing with the NSW Coastal Policy and the North Coast Design Guidelines as required under S32B of the North Coast REP – quote "the proposal does not contravene any of the aims listed, nor the specific design and locational principles provided by clause 32B". At least some valid objections should have been addressed in this assessment.

The MNC Regional Strategy is not mentioned in the revised Assessment. Part B of the Guidelines for Crime Prevention and assessment of Development Applications must be considered but again no mention. The DA has not been referred to NSW Police for comment. Whilst optional, one would have thought this a prudent course of action. All very disappointing and unsatisfactory.

I am particularly disappointed that the report before us failed to mention the considerable case law where McDonalds Development Applications elsewhere have been rejected. This must be remedied in future reports if the council is of a mind to refuse a controversial Development Application. We must have more balance in officers reports.

Our role as representatives is to make decisions for the electorate. We are relied on to listen to the alternate viewpoints and to make best decisions. In the event of position being overwhelmingly adopted by the community, there is no doubt in my mind that the elected representative should support the community position, in the absence of compelling grounds. We have an overwhelmingly supported community position and we do not have alternate compelling grounds in this instance.

Our key council strategic plans including Valley Vision 2020 and the sustainability initiative dictate that we should hold true to the values of our community as clearly expressed. We must now follow through our good policy with good decision-making. This application, if approved will undermine our forward-thinking.

I have proudly watched Clarence Valley Council grow from its infancy. Today we have the opportunity to grow more, to show leadership and do positive good for those we represent.

No McDonalds in Yamba is the overwhelming view of community. That is indisputable. The people have spoken with great clarity and determination. 94.8% of 455 submission writers were opposed.

As Dom Ferry so eloquently said a week ago, we should also stand for the many silent ones out there.

My hope today is that CV will join the communities of Blue Mountains, Byron Bay, Port Douglas, Margaret River, Randwick, Ashfield and others which have rejected McDonalds.

In my time in local government, with the possible exception of the Clarence Valley Council amalgamation I have never witnessed such civic engagement on an issue or such overwhelming opposition.

We witnessed a most unusual but effective alliance between the Chamber of commerce and Valley Watch with combined full page adds. What a clear message to council!

There is a whole lot of passion out there, a word one could suggest that the folk of Yamba have almost redefined!

The proposal would be out of character for Yamba. Not in the public interest. Not in conformity with Yamba's cultural heritage.

Many have rightly argued that Yamba is unique, the adjudged best town in Australia, the seaside fishing village, the sun sand and surf, the quiet enjoyment atmosphere, the retirement treasure.

The people have told us clearly what they really care for as a community. Letters were from the heart telling us that they care.

This reinforces what they told us when council prepared the Sustainability Initiative in 2006.

Yamba values need to be protected for future generations. As an iconic tourist destination it needs to remain different from all those other places that exhibit high rise and sameness.

The public interest test involves assessing whether the importance of the public detriments is greater than the importance of the public benefits. There can be no doubt that this proposal is not in the public interest and should be rejected.

Yamba does indeed still that X factor, that special difference, the quiet rural coastal town/family holiday feel, which many people who live elsewhere search for, often vainly nowadays. They value, they enjoy, they wish and expect us to preserve. That is what we as elected representatives of the people must do today.

Cr. Sue Hughes speaking in support of the refusal motion:

I have been elected by the community to represent the community and be their voice on their Council. 94.8% of the community are saying NO to McDonalds – and as an elected councillor I therefore am saying no to McDonalds.

This proposal is inconsistent with the objectives of the 3 (a) zone, under the Maclean LEP, which states that the particular objectives of this zone are (a) well designed commercial and retail development which will ENHANCE the appearance, function and viability of commercial and retail areas – I ask will this proposal of colossal proportions ENHANCE the appearance, function and VIABILITY of commercial and retail areas – i think not. Remember, this McDonalds is BIGGER than the one in Ballina – which I may add has a population of 15,000 - and a steady passing trade from the Highway. WHY – when our population is half that, 80% of the year. I question the viability of commercial and retail areas – there is no denying that many local businesses will SUFFER – not just in Yamba either, areas such as Maclean, Ferry Park and Harwood.

We have received hundred's of letters from the local community and from tourists who visit our town – they all indicate the reason why they chose to spend their holidays and money in Yamba is because of it's uniqueness, no traffic lights, no McDonalds, no Hungry Jacks, KFC or the like – we would lose those tourists who will find somewhere else to spend their money. This proposal will have adverse impact on the character and economic vitality of the town and it's not just food outlets either.

The applicant indicates that they are going to employ between 50-100 staff – are these the same people who would lose their jobs in their current place of employment because business owners have to reduce their staffing numbers due to a down turn in business???

This proposal is inconsistent with our core objectives and I refer to CVC Valley Vision 2020 – under our VISION and I quote:

"a sustainable Clarence Valley : Life in the Clarence Valley, now and in the future, is based on a culture of living sustainably that protects and carefully utilises the natural environment, its beauty and resources, our cultural heritage and UNIQUE identity of our valley and its communities" – I think we would agree that Yamba is UNIQUE and that it IS part of its identity. That is why we have chosen the live here – that is why tourists come here.

I further add – in the summary – HUMAN HABITAT – Our intention is to live in sustainable communities, including a healthy natural environment, supported by efficient and effective essential services and transport systems, our homes and streetscapes reflecting local heritage, character and charm – I ASK – where does a McDonalds restaurant and drive through fit in with this?

SOCIETY AND CULTURE – Our intention is for our creative valley cultures, rich in history and diversity, to be supported by good information, education, health, recreation and other services, providing opportunities for quality lifestyles involving a sense of well-being in which we value our communities and each other – I ASK does a McDonalds restaurant and drive through equate to a healthy lifestyle???
Further by voting NO we are valuing the majority of our community and each other.

For us to ignore our own corporate strategic plan would be foolish – why spend the time and money if we ignore the principles which underpin our core values.

This is not about being multi national, it's not about the brand McDonalds – its about VIABILITY, listening to our community AND protecting a sustainable economic framework and keeping a community functioning on an economic level.

I am sure that the ratepayers in Yamba would be happy to spend the money and go to the Land & Environment Court if McDonalds challenged our decision.

For all the reasons outlined above, I believe that the nature, size and location of this proposal WILL have a significant economic and social impact on Yamba and for this reason I am voting NO to McDonalds and encourage my fellow elected councillors to listen to the voices of our community and vote NO.

Senator Steve Fielding gets personal on the Internet

Australian Senator Steve Fielding from Family First decided to become very personal at the expense of one individual who allegedly has a problem with alcohol.

Fielding mentioned the man by age and home town (mercifully mis-spelling same) on his own political website.
Having dropped any mention of "allegedly" which was contained in the online news article he also linked and pre-empting any court judgment, he sent out a press release which went on to say:
"This man is a disgrace and not only deserves to lose his licence for life, he should also be sent to jail where he can think about the danger he poses to the community."

He then tweeted about the man at senatorsteve so that no corner of the Australian Internet remained uninformed about this particular bloke.

Of course if you were to spend a little computer time on the subject it's possible that you would actually find the full identity of the person being railed about. Especially after Victorian magistrate court lists are published.

I can see Ol' Stevo being slapped with a writ if he keeps this up.

rod3000 sums up the Aussie attitude to Fielding quite well: "I really hope someone has pointed out to @senatorsteve just how much media attention you can get by sailing around the world by yourself"

Causley gets a well-deserved wigging in run up to the federal election

Apparently there were a few surprised faces on the NSW North Coast when the Nationals former Deputy-Speaker and former MP for Page Ian Causley claimed credit for money promised by Kevin Rudd during the 2007 federal election campaign and delivered by the Rudd Government along with further funding to date.

On the strength of a conditional election promise by John Howard in that same election campaign, never delivered because he and his government were not re-elected, Causley claimed credit for $18 million in federal funding in his letter to the editor published in The Daily Examiner on 11 May 2010.

Labor supporter Bill O'Donnell called this ploy in the same newspaper on 17 May:

Preposterous Causley

WHAT an extraordinary letter by Ian Causley trying to claim that the $18 million being spent on Grafton Hospital was his initiative.

Let's look at the facts.

After 11 years in John Howard's government the Nationals had delivered next to nothing in health spending in Page.

In fact, there was a report in the Daily Telegraph by the Australian Institute of Health and Welfare in 2007 that between 1995/6 and 2005/6 the Federal Government hospital funding decreased from 45 per cent to 41 per cent, while state funding rose from 46 per cent to 51 per cent.

The fact is that after 11 years, John Howard turns up at Grafton Hospital a few weeks before an election he knows he's lost and says I've got $18 million for you.

He knows he doesn't have to deliver because he will be gone.

It was a ploy to try to save Page for the Nationals.

Mind you, that's after 11 years of nothing.

It must be galling for Hartsuyker and Causley to see Janelle Saffin finally delivering the $18 million.

Grafton Hospital upgrade is up and running, with an additional $1.2 million added on.

Fifteen million dollars at Lismore for Lismore Base Hospital for an integrated cancer care centre and $9.1 million for enhanced cancer care service, including second linear accelerator and cancer patient and carer accommodation.

Five million dollars for Grafton Super Clinic.

The list is too long to enumerate, and we're only talking about health spending.

This morning I heard Luke Hartsuyker talking on ABC radio saying he hopes the Federal Budget has money for roads and hospitals.

What hypocrisy.

What did he ever do for hospitals and roads when he was in government?

He cut one billion dollars from hospital funding and in 11 years only spent 1.1billion on the Pacific Highway.

Rudd Labor has promised $3.3 billion after two years in office towards finishing the highway's upgrade.

The fact is that in 11 years in government the Nationals were incapable of delivering anything to the Page and Cowper electorates.

Perhaps they were too busy holed up with Howard, Costello and Abbot planning to abolish the Industrial Relations Commission and to cut workers of their hard-won rights built up over 100 years.

I have a feeling the elephant is still in the room, if they are ever re-elected.

What a breath of fresh air to finally have a hardworking member for Page, with the ability to attract funding to the electorate.

It's a pity Maclean Hospital isn't still in Page because the National Party member for Cowper has shown us his ability to attract funding to his electorate for anything is non-existent.

BILL O'DONNELL, Maclean

"Read my lying lips"

Well Oz Opposition Leader 'Phoney Tony' Abbott certainly made the headlines this week after admissions in an ABC TV 7.30 Report interview.
But don't just believe what the print media says, go to the interview and enjoy being told by Abbott that voters are expected to know when he is not being truthful!

TONY ABBOTT: Well, again, I think that most of us know when we're talking to people or when we're listening to people, I think we know when we can put absolute weight on what's being said and when it's just the give and take of standard conversation.
[From transcript of 7.30 Report interview Abbott quizzed on mixed messages aired on 17th May 2010]
The man's a classic drongo......

Abbott under fire for 'gospel truth' gaffe

ABC Online - Lyndal Curtis

Tony Abbott has come under fire after saying only his 'carefully prepared scripted remarks' could be taken as ...

Don't believe everything I say - Tony Abbott

Herald Sun - Phillip Hudson

TONY Abbott says voters should not believe every pledge he makes unless it is written down, in which case it's the "gospel truth". ...

Only believe me if it is 'scripted': Abbott

The Australian - Samantha Maiden

KERRY'S curse has struck a second political leader venturing into "7:30 report land" with Tony Abbott last night admitting he didn't always tell the "gospel ...

Don't believe all I say, Abbott admits

The Australian - Brendan Nicholson

TONY Abbott has declared to a national television audience that he sometimes promised too much in the heat of a debate and only his formal, scripted remarks ...

Abbott admits you can't always believe him

The Age - Michelle Grattan

TONY Abbott has admitted that what he says in the heat of the political moment can't be taken at face value or believed as a commitment. ...

Read my lying lips: Abbott admits you can't believe everything he says

Sydney Morning Herald - Phillip Coorey

In an extraordinary admission last night, the Opposition Leader said his only utterances that should be regarded as ''gospel truth'' were carefully prepared ...

Own goal for Abbot in election race‎

TVNZ - In a political own goal, conservative leader Tony Abbott, a former university boxer who once trained for the Catholic priesthood, told a television ...

McDonald's versus Yamba: it's one minute to midnight for this small coastal town

It's one minute to midnight for the small NSW North Coast town of Yamba.
Will the town prevail or will the foreign multinational subsidiary McDonald's Australia?

From The Daily Examiner today:

BY THE end of today, the people of the Clarence Valley should know if a McDonald's fast food outlet will be built at Yamba....

Now it is time for the councillors to decide.

This afternoon the seven councillors who have not declared a pecuniary interest will vote on the application....

Councillors yesterday declined to say which way they would vote, saying they would go into this afternoon's meeting with an open mind.

Deputy Mayor, Cr Jim Simmons, said while he had no comment before the meeting, he could see several issues with the development.

"The increased traffic to Treelands Drive is a concern of mine, however, I feel that the opening hours of the business are unjustified," he said.

"The midnight opening hours have the potential to create social problems.

"It will be interesting to listen to the debate and I will be making my decision in the chamber."

The deputations presented at last Tuesday's Environment, Economic and Community Committee meeting changed Cr Craig Howe's opinion on the matter.

"Before last week's meeting, I was sitting on the pro-McDonald's side of the fence," he said.

"The deputations that were presented were very good and drew attention to several potential issues.

"The applicant has done everything correctly. The application was made for a business to be operational in an area that is correctly zoned. We need to make a decision that will be in the public's best interest. That decision is not always popular, but will hopefully be right in the long run."

Councillors Ian Dinham and Pat Comben also declined to give a definite answer, saying that they wanted to hear all of the pros and cons and wanted to consider all of the information before they cast their vote.

Cr Ian Tiley refused to comment, saying he preferred to keep all debate confined to the walls of the chamber.

Councillors Sue Hughes and Margaret McKenna were unavailable for comment as The Daily Examiner was going to print.....

"Play It Again Sam" Maclean 28th & 29th May, 4th & 5th June -Yamba 6th June 2010

Play It Again Sam

Connie De Dassell

presents

A Musical Extravaganza

featuring local artists

and the

Maclean Music Academy Ensemble

performing sets from

Annie

The Music Man

The Sentimental Bloke

Chicago

Oklahoma

West Side Story

My Fair Lady

Sister Act

Performances at:

Maclean Civic Hall - 28th & 29th May and 4th & 5th June 2010 at 1.30pm

Yamba Bowling Club - 6th June 2010 at 1.30pm

Tickets: Carney's Shoe Store Maclean Ph: (02) 6645.2334

Priceline Pharmacy Yamba Ph: (02) 6646.1131

Graphic from Google Images

New political parties seeking registration this month and how you can object

The Australian Electoral Commission (AEC) has advertised the following applications for registration as a non-parliamentary party under the provisions of the Commonwealth Electoral Act 1918 (the Electoral Act).
Knock yourself out objecting to any or all of them. Starting with the T(I)CS!

___________________________

Name of Party: Secular Party of Australia
Abbreviation of party name: No abbreviation requested
Proposed registered officer: John August
Address: 12/225 Darlinghurst Road
DARLINGURST NSW 2010

___________________________

Name of Party: Australia First Party (NSW) Incorporated
Abbreviation of party name: Australia First Party
Proposed registered officer: Anthony Pettitt
Address: 165 Garfield Road
RIVERSTONE NSW 2765

___________________________

Name of Party: Building Australia Party
Abbreviation of party name: Building Australia
Proposed registered officer: Raymond Robert Stanton Brown
Address: 5 Windarra Place
CASTLE HILL NSW 2154

___________________________

Name of Party: The Climate Sceptics
Abbreviation of party name: T.C.S
Proposed registered officer: Anthony Kenneth Cox
Address: 51 Lawson Street
HAMILTON NSW 2303

___________________________

"The above applications have been made by the secretary and another 9 members of each party and states that the parties wish to receive election funding."

If you believe that any of these parties should not be registered because, under the Electoral Act:

• the party does not meet the eligibility criteria for registration; or

• the party's application has not been correctly made; or

• the party's name and/or abbreviation are prohibited,

you may lodge an objection. Objections must be received by the Funding and Disclosure Section of the Australian Electoral Commission by 15 June 2010, must be in writing and include your name, street address, signature and the grounds for your objection.

Objections can be sent to the:

Funding and Disclosure Section
Australian Electoral Commission
PO Box 6172
Kingston ACT 2604 or
faxed to (02) 6271 4555 or
scanned and emailed to fad@aec.gov.au

For more detailed information on objecting to an application for the registration of a political party, please consult the AEC website at the following link, or contact the AEC by fax or email as above, or by phone on (02) 6271 4667.