The appeal of Council’s refusal of a development application for a McDonald’s restaurant and drive through has been dismissed in the Land and Environment Court.
The fast food outlet was proposed for the corner of Ocean Drive and Greenmeadows Drive in Port Macquarie.
The court has dismissed the appeal.
Council Administrator, Garry Payne said, “I am delighted with the court’s decision.
“It is a commonsense planning outcome and one that I am sure will be supported by the community,” Mr Payne said.
Director of Development and Environmental Services, Matt Rogers said, “The Court has dismissed the appeal on the basis that the development is prohibited as food and drink premises in the R1 zone under Draft Port Macquarie – Hastings Local Environmental Plan 2010 and is inconsistent with the R1 zone objective ‘To enable other land uses that provide facilities or services to meet the day to day needs of residents’.
“It is pleasing to see that the appropriate weight was placed on the provisions of the draft LEP which set the future character of the locality,” Mr Rogers said.