Two new fast food outlets will be built in Cessnock after development applications for Hungry Jack's and McDonald's were approved by council.
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The Hungry Jack's is part of a development that comprises a service station, convenience store and car wash, on the former Sylvester's Bakery site on Wollombi Road.
It will trade 24 hours a day, seven days a week, subject to a 12-month trial that council staff recommended as a "precautionary measure" given the development's proximity to the existing residential area.
SLR Consulting town planner Megan Lowe spoke at Wednesday night's council meeting on behalf of the developer, On the Run (OTR), which operates 170 stores across South Australia and Victoria.
Ms Lowe said the development offers a point of difference, with high-quality, good value and locally-sourced products, and convenience for shift workers, with no supermarkets in Cessnock currently open later than 10pm.
The development application was supported 11 votes to one, with independent councillor Jessica Jurd the sole opponent (Cr Daniel Watton was absent from the meeting).
Cr Jurd said residents had raised concerns with her about the development's location next to a school, and the traffic it would add to the already-congested Wollombi Road and Mount View Road intersection.
Labor councillor Anthony Burke agreed that the intersection is very busy and should be signalised in the future, but voted in support of the development because as it had been recommended for approval by council planners and Transport for NSW, he was concerned that if council were to knock it back, it may be overturned in the Land and Environment Court at a cost to local ratepayers.
Cr Burke raised similar concerns about court costs with the Vincent Street McDonald's proposal, which he ultimately voted against.
"I feel that we're in a rock and a hard place based on the traffic. If council was to go against this (the McDonald's DA), I guarantee we would be wasting money, because the Land and Environment Court would approve it, because it's been given the green light (by council staff and Transport for NSW)," he said.
"It puts us in a crazy position - do you approve the development that's going to have traffic issues for years to come, or possibly waste $50-$60,000 in court.
"It's a difficult call... but it's hard to support a development at the cost of our local road network."
Councillors supported the McDonald's application nine votes to three (with Cr Jurd and fellow independent councillor Ian Olsen also voting against it), after Cr Mitchell Hill (Labor) added two conditions regarding training staff to manage the drive-thru lanes and not allowing traffic to queue onto the surrounding road network were added to the recommendation.
"Whilst the development meets all of the requirements to be approved, and we would possibly see it come through the Land and Environment Court if we were to reject it here tonight, I think the inclusion of these two conditions to actively work to try to restrict that queueing of traffic on the surrounding streets is council's best in addressing the problem that is inevitably - we believe - going to occur," Cr Hill said.
The restaurant - on the corner of Vincent, Snape and Charlton Streets - will be open from 5am to midnight, with a 24-hour drive-through facility that would be subject to a 12-month trial.
The application came back to council after being deferred from the August meeting to address noise, traffic management and the building location.
The developer added an extra 300mm to the acoustic fence, but maintained its planning and transport assessments were sufficient.
Cr Jurd said it was "frustrating" that the developer had not made any changes to the traffic plan.
"We live here and we drive these roads every single day, but yet here we are, the report is the same as it was two months ago, and not a single traffic concern addressed," she said.
Cr Olsen said it was "ludicrous" that council would recommend a development on such a congested corner in the first place, and that fears about ending up in the Land and Environment Court should not matter.
"We've just wasted two months waiting for it to come back with better plans. And now we're scared that if we say no we might end up in the Land and Environment Court. Does that mean we're going to lose? We might as well just pack up and go home now if that's the case. Why have we got a council?" he said.
Cr Paul Dunn (Liberal) spoke in support of the development application, saying while he was concerned about the traffic, some of the existing traffic issues could be related to council's infrastructure backlog.
"I can't consciously deny the proponent the ability to trade when possibly there are a lot of things that are associated with the traffic problems that are related to the backlog of infrastructure that our council hasn't done," he said.
Cr Dunn said the development would provide much-needed entry-level employment for Cessnock, and that it fits in with the amenity of the area.
Mayor Jay Suvaal took the unconventional move of making a statement on the item, given its controversial nature - but not before Cr Olsen moved a motion of dissent, saying the mayor (as chairman of the meeting) should not be allowed to speak on the issue as it may influence the vote.
The motion of dissent was overruled, with Cr Suvaal saying there is nothing in the Code of Meeting Practice that prevents the mayor from making a statement during debate.
"I think the community would like to know where I stand on controversial items," he said, as Cr Olsen turned his back to the chair.
Cr Suvaal pleaded with McDonald's to consider what the community and council has raised about their concerns within the traffic management plan.
"Just because a DA gets approved does not prevent McDonald's from changing their mind and putting forward a different traffic management option," he said.
The two outlets approved by council last week are among five fast food developments in the pipeline for the Cessnock local government area.
A Taco Bell will be built next to KFC on Wollombi Road; Red Rooster is seeking franchisees for a site in Cessnock, and another McDonald's is planned for Wine Country Drive at Huntlee.
IN THE NEWS
Krystal Sellars
Krystal Sellars is the Senior Journalist at the Cessnock Advertiser. Born and raised in Cessnock, she started her journalism career at the Advertiser in 2006 after completing a Bachelor of Communication at the University of Newcastle. Contact her on krystal.sellars@cessnockadvertiser.com.au.
Krystal Sellars is the Senior Journalist at the Cessnock Advertiser. Born and raised in Cessnock, she started her journalism career at the Advertiser in 2006 after completing a Bachelor of Communication at the University of Newcastle. Contact her on krystal.sellars@cessnockadvertiser.com.au.
