ORANGE City Council will be forced to defend its refusal of the north Orange McDonald’s in court after Cr Russell Turner abandoned his last-ditch attempt to have councillors revisit the decision.
Eight out of 11 councillors voted to reject the development at a meeting in August. They believe the new store would impact traffic, create parking shortages and the 24-hour operation would impact on resident safety and amenity.
Cr Turner and two other councillors who supported the fast food outlet’s bid to open in Farrell Road, Cr Kevin Duffy and Cr Scott Munro, lodged a rescission motion a week later, calling for an extraordinary meeting of the council for councillors to reconsider the application.
But later in the day the group decided to withdraw the motion when deputy mayor Jeff Whitton attempted to include it in the agenda of a meeting while mayor John Davis was still away.
Cr Turner believes it’s now too late.
“It would have been a waste of time,” he said.
“We were hoping [Cr Whitton] would wait until the mayor came back so we had time to do some lobbying then vote.”
Cr Turner said staff had already issued McDonald’s with a notice of refusal - dashing the group’s chances of overturning the decision.
“Ultimately it’s disappointing for the ratepayers,” he said.
“We’re potentially going to lose the application and it will be up to the court to decide who is going to cover the costs.
“It was a legal application in the first place and there is no reason why the court would knock it back.”
The application is expected to go before the Land and Environment Court in late October.