IT appears the battle against a fast-food franchise, rumoured to be McDonald’s, opening in Safety Beach may not be over with an unscheduled council meeting to be held tomorrow night (14 August) to discuss appealing VCAT’s decision.
The move comes after the applicant AA Holdings Pty Ltd successfully appealed Mornington Peninsula Shire’s 24 August 2024 decision to deny the planning permit application to redevelop the service station on the corner of Marine Drive and Nepean Highway to include a modernised service station with a fast-food franchise.
The VCAT decision, handed down on 18 July, gives the green light to the development, with a long list of conditions attached (McDonald’s may be coming to Safety Beach after VCAT overrides shire, The News 5/8/25).
Mornington Peninsula Shire mayor, Cr Anthony Marsh told The News at the time that “VCAT’s decision to override council is incredibly disappointing”.
“Some fights are worth having, and while we ultimately didn’t win this one, the process did result in improvements to the site from the initial application”.
But the fight may not be over yet with a public notice announcing Thursday’s meeting with the matter to be discussed “Consideration of appeal to VCAT decision”.
If the shire decided to appeal the VCAT decision it faces a narrow, and potentially expensive, pathway forward.
VCAT decisions cannot be appealed on the merits of a particular case, but only if the party appealing believes VCAT has applied the law incorrectly. Appeals must also be made to the Supreme Court of Victoria or the Court of Appeal; a costly and potentially time-consuming avenue.
Marsh, speaking on the cost of a potential appeal, said on social media that “Any appeal needs to weigh that up as part of the decision on whether or not to proceed”.
Despite persistent rumours that the fast-food franchise is McDonald’s, a representative for AA Holdings Pty Ltd told The News that a tenant for the site has yet to be confirmed.
