VCAT Overturns Council Decision, Approves 24-Hour McDonald's in Northcote

The Victorian Civil and Administrative Tribunal has approved a planning application for a 24-hour McDonald's restaurant at 323 High Street, Northcote, overturning a November 2024 decision by Darebin City Council to reject the proposal.

The tribunal ruled on Friday, determining that the council's stated reasons for refusal were not valid grounds under the applicable planning scheme.

Tribunal Ruling

VCAT member Michael Deidun stated that the planning system does not consider the operator's corporate practices, the type of food sold, or the cultural fit of a business within a locality.

The tribunal noted that the site is zoned Commercial 1, where a retail premises—including a convenience restaurant—does not require a permit for use, and that the building already held a planning permit allowing a cafe or restaurant.

"The planning system does not consider the operator's corporate practices, the type of food sold, or the cultural fit of a business within a locality." — VCAT member Michael Deidun

The tribunal permitted 24-hour operation, citing that the area encourages late-night activity and that the restaurant would add three hours beyond the standard 6am to 3am operating window permitted for convenience restaurants in the zone.

Objections Dismissed

Objections raised by the council and community members regarding delivery truck safety, the visibility of rooftop equipment, and the use of tinted glass were dismissed by the tribunal. VCAT determined these concerns did not constitute valid grounds for refusal under the planning scheme.

Site History and Redevelopment

The site at 323 High Street has been vacant for over a year following a fire in 2023. The tribunal noted that the disused building had been subject to trespassing and vandalism, and stated that the redevelopment would increase surveillance and safety in the area.

The proposed restaurant represents a $2 million investment. McDonald's Australia stated the restaurant would be locally owned and operated by a franchisee, and is expected to create 100 construction jobs and 100 ongoing operational positions.

Community Response

An online petition opposing the development gathered over 11,000 signatures prior to the council's rejection. In 2024, Time Out magazine named High Street, Northcote the "world's coolest street."

Darebin City Council had initially rejected the permit application in November 2024 by a vote of 6-3, despite a recommendation from the council's own planning officers to approve the application. The council has been contacted for comment regarding the VCAT decision.

Broader Context

In related developments regarding fast food establishments in Australian suburbs:

Redfern: In May, the City of Sydney Council rejected a $3 million development application for a 24-hour McDonald's in Redfern, following 286 public submissions—of which only 17 supported the proposal. Objections cited public health concerns and impacts on local businesses.

Newtown: A 2025 proposal for a 24-hour McDonald's was rejected by the City of Sydney Council on grounds including non-compliance with late trading regulations, absence of customer toilets, and potential footpath hazards for delivery drivers. Separately, a KFC outlet opened on King Street in July, replacing an Indian and Sri Lankan restaurant.

Marrickville: A McDonald's restaurant was approved via a Complying Development Certificate, allowing construction without public or council support consultation. The site was vandalized during construction in September.

Castlemaine: McDonald's is exploring the opportunity to open a restaurant in Castlemaine, Victoria, with a proposed $3.5 million investment. A planning application has not yet been lodged. The Mount Alexander Shire Mayor stated that any future application would be assessed on planning merits.