Key Stakeholders and Supporters

‘No McDonald’s in the Dandenong Ranges’ Campaign:

The campaign to keep McDonald’s out of the Dandenong Ranges and to stop the corporation from building their outlet in Tecoma, Victoria is made up not only of local residents, but also of key stakeholders, and prominent Australian and international figures. This list includes: politicians from both major political parties at the local, state and federal levels; local schools; health experts at the local, state and national levels; environmental conservationists; prominent legal experts; academics; national and international well-known figures and foundations; and unions. This is the list to date but it will keep growing with more supporters speaking out publicly.

List of Key Supporters Referenced:

1. Notable Australian and International Figures and Organisations:

• Corporate Accountability International, an organization aimed at stopping corporate abuse with a 35 year history, based in the USA. They work directly with global governing bodies to achieve their vision. The organization has official relations with the World Health Organization, Special Consultative Status with the United Nations Economic and Social Council (ECOSOC), and is an official observer to the Secretariat of the Framework Convention of Tobacco Control.
• Stephanie Alexander, OAM. Chef, author and founder of the Kitchen Garden Foundation, Medal of the Order of Australia and Centenary Medal recipient. Her foundation has received over $18 million in funding from the Australian Government to put her program into schools across Australia.
• Jamie Oliver and The Ministry of Food Foundation Australia
• Morgan Spurlock, Academy Award Nominated Director of the documentary Supersize Me, Producer, TV Presenter.
• Genevieve Morris is an Australian actress best known for appearing on the popular TV comedy series Comedy Inc. She is also a local resident and created a video on the campaign to keep McDonald’s out of The Dandenongs.
• Daniel Merriweather is an award winning and chart topping Australian R&B recording artist. Singer-Songwriter and an ex-resident of the Dandenongs and has been an outspoken and active supporter.
• Robert John “Bob” Maguire AM, RFD ‘Father Bob’, Australian Catholic Priest, media personality, community worker and social activist. Commonly known as “Father Bob”, Maguire was awarded the Order of Australia in 1989.
• Suzanne Johnston, An award winning world renowned opera star and principal artist for Opera Australia and state opera companies for over 20 years.
• Missy Higgins, award winning and chart topping singer-song writer, musician and actress;
• Rachel Ward, Hollywood cinema and TV writer, director and actress and Member of the Order of Australia “for service to raising awareness of social justice through lobbying, mentoring and advocacy for the rights of disadvantaged and at-risk young people, and support for the Australian film and television industry;
• Dave O’Neil, Australian comedian and TV and radio personality;
• Damon Gameau, award winning Australian television and film actor;
• Joan Baez, American singer-song writer, released over 30 albums;
• Bob Brown, Former Senator and Greens Leader and Founder of the Bush Heritage Australia and the Bob Brown Foundation;
• Cr Simon Richardson, Mayor of the Byron Shire;
• Janet Rice, Greens Senate Candidate for Victoria;
• Steve Meacher, Murrindindi Citizen of the Year;
• Rod Quantock, Iconic Australian Comedian;
• Dave Rastovich, Australian professional surfer and founder of Surfers for Cetaceans;
• Ash Grunwald, Australian blues musician;
• Mat McHue, Australian artist;
• Mona Heck, Naturopath and Author of the popular Book, “The Lunch Box Revolution”;
• Green Peace, The enviornmental organisation;
• Michele Simon JD MPH, Author, speaker, and public health Lawyer;
• Martin Anderson, Former BBC journalist, CFA Digital Media Manager. 2012 Australian Govt Innovator of the Year;
• Bill McKibben Author, Educator,Environmentalist and Founder of 350.org;
• Gratton Wilson, Former CSIRO Physicist and Politician;
• Debra Tranter, ‘Ocsar’s Law’ organisation Founder;
• Chelsea Roffey, Australian Football League (AFL) umpire and named one of Australia’s most influential people by ‘The Age’ newspaper in 2012.

2. The Government from all Sides of Politics, at all Levels: Local, State and Federal:

• The Yarra Ranges Council
• Cr Samantha Dunn – Lyster Ward, Yarra Ranges Shire Council
• State MP James Merlino
• Federal MP Laura Smyth
• Federal Candidates for La Trobe district

3. Local Schools and Organisations:

• Tecoma Primary School
• Tecoma Pre-School
• Tecoma Village Action Group (TVAG)
• Save the Dandenongs League (established 1950)

4. Health Experts at the Local, State, and National levels:

• Local GP, Dr. Dennis Gration
• Senior Lecturer in Pediatrics at the University of NSW, Dr. David MacDonald
• Senior Policy Advisor for the Obesity Policy Coalition, Jane Martin
• Community Health Nurse, Shakti McLaren

5. Environmentalists/Conservationists:

• Murrundindi – Wurundjeri Nation ngurungaeta. Tribal leader of the Melbourne region indigenous people.
• Southern Dandeongs Land Care
• Friends of the Earth (FOE)

6. Prominent Legal Experts on the conduct of McDonald’s:

• Maurice Blackburn, one of the largest social justice law firms in Australia. Defending “The Tecoma 8” protesters pro bono.
• Robert Richter QC, who specialises in criminal and human rights law.

7. Academics:

• Dr. Kerin O’Dea, Professor of population health and nutrition, The University of South Australia
• Dr. Beryl Langer, Honorary Associate in the School of Social Sciences at La Trobe University.
• Dr. Elissa Sutherland, Lecturer in Economic and Social Geography, School of Geography & Environmental Science, Monash University
• Dr. Peter Singer, Professor of Bioethics at Princeton University

8. Unions:

The Construction, Forestry, Mining and Energy Union (CFMEU). It is Australia’s main trade union in construction, forestry and forest products, mining and energy production. The CFMEU has offices in all capital cities in Australia and in many major regional centres. The Union has over 140,000 members in total and employs around 400 full time staff and officials. Construction workers become members of the CFMEU Construction and General Division in the state or territory in which they work. This includes both on-site and off-site construction workers.

• Australian Workers Union (AWU) is Australia’s oldest and largest blue-collar trade union representing over 135,000 working men and women and their families. The AWU started in 1886 representing shearers and miners and today we have grown to be Australia’s most diverse union representing workers in the manufacturing, steel, aluminium, glass, oil & gas, aviation, agriculture, construction, state public services, local government, health, plastics, hospitality, food, paper, resources, aquaculture, events and racing industries
• Australian Services Union (ASU) has 120,000 members from across Australia. Their website describes them as “the Australian Municipal, Administrative, Clerical and Services Union, trading as the Australian Services Union or, just simply, the ASU, and it is one of the largest trade unions in Australia. Formed in 1993 as an amalgamation of a number of unions, including the FCU, the MEU and the MOA, the ASU operates in areas as diverse as local government, energy, water, public transport, airlines, shipping, travel, ports, social and community services, information technology and the private sector clerical and administrative area”.
• Australian Nursing and Midwifery Federation (ANMF) have a membership of over 230,000.
• National Union of Workers (NUW) is a union from a wide range of industries including: Food Services, Food Manufacturing, General Manufacturing, Cold Storage, Pharmaceutical, Poultry,Warehousing and Distribution,Market Research and Call Centre,Sales, Marketing and Merchandising, Dairy and Cheese Making, Oil, and Defence Logistics.

Key Stakeholders and Supporters Statements of Support:

1. Notable Australian and International Figures and Organisations:

• Corporate Accountability International, an organization aimed at stopping corporate abuse with a 35 year history. They work directly with global governing bodies to achieve our vision. And have official relations with the World Health Organizationk, Special Consultative Status with the United Nations Economic and Social Council (ECOSOC), and are an official observer to the Secretariat of the Framework Convention of Tobacco Control.

They have been awarded recognition for their achievements, including:
*Letelier-Moffitt Human Rights Award, from the Institute for Policy Studies, 1982
*Oscar for Best Documentary: Short Subject, “Deadly Deception,” from the Academy Awards, 1992
*BENNY Award, from the Business Ethics Network, 2006
*Bloomberg Awards for Global Tobacco Control, from Bloomberg Philanthropies, 2012
*World No Tobacco Day Award, from the World Health Organization (WHO) and the Pan American Health Organization (PAHO), 2012

They posted this statement about the proposed McDonald’s development in Tecoma on their Facebook page and included the petition, encouraging their followers to sign, stating:

“McDonald’s is building next to an elementary school in the small town of Tecoma, Australia, despite public outcry from residents. Here’s another of many examples of McDonald’s marketing to kids and undermining the personal choice of parents and communities. “SHARE” if you stand with communities across the world and the #momsnotlovinit (and dads, too!).

• Stephanie Alexander is a chef, restaurateur, and food writer. In 1994 she was awarded the Medal of the Order of Australia and in 2001 she received the Centenary Medal. Crikey.com named Stephanie Alexander “The most powerful person in food” (August 30th, 2012). The Australian Government initially committed $12.8 million over four years in the national roll-out of Stephanie Alexander’s Kitchen Garden National Program. Last year, she secured an additional $5.4 million in federal funding, and the kitchen garden program will be in 10% of Australian schools in the next three years. The Australian Government stated the “focus of the program is for primary school students to learn how to grow, harvest, prepare and share fresh food in the belief that this approach will provide a better chance of positively influencing children’s food choices”. There are currently 324 schools that have her Kitchen Garden Program to date.

She sent a letter to the campaign stating,

“Like many others, I was dismayed to hear via the television that the wishes of your community to oppose a McDonald’s store in the rural township of Tecoma were ignored…To site such an outlet so close to a school and in a locality chosen by many to lead a life closer to nature seems to be completely contrary to the best interests of the community”.

• Jamie Oliver has been showing support through social media, sending messages to his 3 million+ fans on Twitter to sign the petition. His organization, The Ministry of Food Australia sent this statement of support:

“We congratulate the community of Tecoma on being standout advocates for ongoing health and wellbeing and we send our best wishes to you in your efforts to maintain such a special and beautiful area”.

• Morgan Spurlock, Academy Award Nominated Director of the documentary Supersize Me (outlining the health problems associated with McDonald’s food) has been using social media to support the campaign. He has sent many tweets on Twitter, including a video of a protest in Tecoma, ‘liked’ the No McDonald’s in the Dandenong Ranges page on Facebook, and asked fans to sign the petition.
• Genevieve Morris is an Australian actress best known for appearing on the popular TV comedy series Comedy Inc. She is also a local resident and created a video on the campaign to keep McDonald’s out of The Dandenongs.

In her video she states;

“…I chose to live in the Dandenongs because of the beauty of the area, and the fairly untouched nature of small towns like Tecoma. I’m extremely concerned that by allowing a McDonalds to be built here, it is not only historical buildings that will be destroyed in the process, but the very fabric of what makes this area unique.
There are already McDonalds restaurants only a 10 minute drive away in Ferntree Gully, Boronia and Rowville. We have a good selection of restaurants and take away food shops in Tecoma that are small businesses who would surely face financial hardship if they had to compete with McDonalds…I really hope that common sense prevails and that this community is respected and listened to, as we are the ones who will have to live amidst the consequences…”

• Daniel Merriweather, an award winning and chart topping R&B recording artist is an ex-resident and has been a big supporter, posting comments on his FB page and using Twitter to urge his fans to sign the petition. Hollywood.com reported on his support in their article, DANIEL MERRIWEATHER JOINS CAMPAIGN OVER HOMETOWN FAST FOOD JOINT:

“Australian singer/songwriter Daniel Merriweather has thrown his support behind a campaign to stop bosses at fast food giant McDonald’s opening a super-sized restaurant close to a local school. The Change hitmaker, who grew up in an area close to Melbourne, has joined local residents of Tecoma in their battle to stop a giant McDonald’s eaterie from opening in their neighbourhood. A petition has been launched to oppose the restaurant’s planned location next to a school, and Merriweather has urged his fans to add their signatures. In a post on his Twitter.com page, he writes, “Help my home town by signing this petition… Let’s tell this multinational corporation to burger (sic) off.” A statement posted alongside the petition on Change.org reads, “McDonald’s plans to build a huge 24/7 store and drive-through in our town… demolishing local iconic buildings on the site and ensuring it goes directly opposite the kindergarten and school… Every day, kids as young as five years old would need to walk past a giant advertisement for junk food just to go to school… Our community doesn’t want that. The plan is opposed by 90 per cent of residents… “If McDonald’s win this fight, it’ll break our hearts.”

• Robert John “Bob” Maguire AM, RFD ‘Father Bob’ Australian Catholic Priest, media personality, community worker and social activist. Commonly known as “Father Bob”, Maguire was awarded the Order of Australia in 1989. Father Bob tweeted his support for the campaign to stop McDonald’s from building in Tecoma on Good Friday just before CNN picked up the story Easter Sunday, causing a Twitter frenzy.
• Suzanne Johnston, An award winning world renowned opera star and principal artist for Opera Australia and state opera companies for over 20 years wrote this statement to the campaign,

“Tecoma vs McDonald’s represents nothing less than a case of corporate thuggery from a multi-million dollar company which can afford to ride rough-shod over the will of the people and their elected council representatives. Democracy is a right which cannot and must not be sacrificed on the altar of corporate greed.”

• Gary Young, Iconic Australian rock musician of Daddy Cool and Jo Jo Zep & the Falcons fame, wrote, performed, and recorded 6 songs specifically for the No Maccas in the Hills campaign.
• There are also numerous other well-known figures in the public eye who have spoken out about their opposition to this development. TV and Radio personalities, politicians, journalists, sports personalities, musicians, artists, actors, scientists, politicians, and other public figures have demonstrated a wide range of support by way of: giving commentary on news programs and articles, signing the petition, Tweeting the petition, Making posts of Face Book, posing for photos with the ‘no McDonald’s’ symbol, and sending emails of support.

These include:

• Missy Higgins, award winning and chart topping singer-song writer, musician and actress;
• Rachel Ward, Hollywood cinema and TV writer, director and actress and Member of the Order of Australia “for service to raising awareness of social justice through lobbying, mentoring and advocacy for the rights of disadvantaged and at-risk young people, and support for the Australian film and television industry;
• Dave O’Neil, Australian comedian and TV and radio personality;
• Damon Gameau, award winning Australian television and film actor;
• Joan Baez, American singer-song writer, released over 30 albums;
• Bob Brown, Former Senator and Greens Leader and Founder of the Bush Heritage Australia and the Bob Brown Foundation;
• Cr Simon Richardson, Mayor of the Byron Shire;
• Janet Rice, Greens Senate Candidate for Victoria;
• Steve Meacher, Murrindindi Citizen of the Year;
• Rod Quantock, Iconic Australian Comedian;
• Dave Rastovich, Australian professional surfer and founder of Surfers for Cetaceans;
• Ash Grunwald, Australian blues musician;
• Mat McHue, Australian artist;
• Mona Heck, Naturopath and Author of the popular Book, “The Lunch Box Revolution”;
• Green Peace, The enviornmental organisation;
• Michele Simon JD MPH, Author, speaker, and public health Lawyer;
• Martin Anderson, Former BBC journalist, CFA Digital Media Manager. 2012 Australian Govt Innovator of the Year;
• Bill McKibben Author, Educator,Environmentalist and Founder of 350.org;
• Gratton Wilson, Former CSIRO Physicist and Politician;
• Debra Tranter, ‘Ocsar’s Law’ organisation Founder;
• Chelsea Roffey, Australian Football League (AFL) umpire and named one of Australia’s most influential people by ‘The Age’ newspaper in 2012.

2. The Government from all Sides of Politics, at all Levels: Local, State and Federal:

• The Yarra Ranges Council unanimously voted against the development.
• Cr Samantha Dunn – Lyster Ward, Yarra Ranges Shire Council made this statement:

“I am the local councillor for the Tecoma and I have been living and breathing this issue since McDonalds first met with the Yarra Ranges Council in February 2011. After following the application through to the council meeting, where I put up a refusal motion, which received unanimous support from councillors, I became part of the community campaign to prepare for the Victorian Civil and Administrative Tribunal appeal. McDonalds decided to appeal council’s decision, a decision made by the democratically elected local representatives. Myself, the Tecoma Village Action Group and community members spent countless hours, meeting week after week to coordinate the efforts at VCAT, an enormous effort it was.

It was a dark day for all of us when we got the news on the VCAT decision, to approve this development in Tecoma. What this has highlighted to me more than anything is the flaws in the appeals system. A system where community aspiration doesn’t come first, not even second, a system where the community’s voice continues to be disregarded.

It is wrong that this application with its 1,090 objections to council, 670 community members attending the council meeting, 330 objectors through VCAT fails to even be a consideration of the tribunal when they have the power to make the decision, a decision that will change the township of Tecoma forever. That is the system, but that is not democracy.

When I put up a refusal motion to council back in 2011, I presented 15 different grounds of refusal, the community spent 3 days telling tribunal members hundreds of reasons why this development was not appropriate for this site in Tecoma. There are plenty of reasons why this is a bad outcome for Tecoma.

The community is strong in its resolve to protect what’s special to the people in the Dandenong Ranges. They have great passion and commitment to our community and our region. I know them well, they have elected me three times since 2005 to be their local representative, they have an enormous connection and love of the place they call home as do I. I have no doubt they will continue to make their presence felt and never stop fighting to keep McDonalds out of Tecoma”.

• Victorian Planning Minister Mathew Guy has publicly stated in a radio interview that VCAT “got it wrong” in their decision to over-ride council and allow the development.
• State MP James Merlino is a key supporter and has stated on his website that the VCAT decision to allow the development was “a disgraceful decision and in no way takes account of the huge weight of opinion against this proposal”. He goes on in great detail to outline his opposition to the development.

“What may be appropriate in a fully urban environment is simply not appropriate in an area such as the Dandenongs. People live in the Dandenongs and tens of thousands of tourists visit the Dandenongs precisely because the area is not another suburb of Melbourne. The issue here is one of precedence. If we have a McDonald’s in Tecoma, there is nothing to stop a KFC being established in Belgrave, a Hungry Jack’s in Kallista and another McDonald’s in Monbulk. Before we know it, the Dandenongs will be littered with these fast food franchises, which is exactly not what the majority of the residents of my electorate want and not what Melbourne, interstate and international tourists who visit the hills want.”

• Federal MP Laura Smyth is a supporter of the campaign.

“I think that the VCAT decision on McDonalds at Tecoma was a poor decision. I think that it was unrepresentative of the views of the broader community about a development that is inconsistent with residents’ expectations and wishes for the local area. I was also disappointed that Council didn’t feel that it could appeal the decision further. The issue is essentially a planning and State Government issue, but I’ve expressed my views locally and have been down to the site like many other residents in the area. I’ve also been prepared to speak with representatives of McDonalds on the issue if they are willing to engage. “I think that beyond the McDonalds decision itself, there’s a case for looking at the way that VCAT accounts for the opinions of local communities in reaching decisions on planning matters. I had always thought that VCAT was intended to be a forum through which people who may not be able to afford legal representation could have their say on matters affecting them – and be heard. It doesn’t seem to me that VCAT is achieving that goal.”

• All Federal Candidates for La Trobe district who responded to a journalist at nofibs.com.au were opposed to the development. In addition to Laura Smythe (sitting MP), these included:
• Former MP and Liberal Candidate, Jason Wood who stated

“In regards to the Tecoma McDonald’s proposal, having lived in the Dandenong Ranges all my life, including 17 years in Belgrave, I am personally opposed to a local McDonald’s development as in my view it goes against the character of the Dandenong Ranges”

• The Greens’ Michael Schilling said McDonald’s was an inappropriate development in the Dandenong Ranges.

“The community said no. I believe McDonald’s should respect the rights of the community and respect the integrity of the community. McDonald’s should not go ahead.
“I’ve visited the site to hear the protester’s views on it and to give them moral support. I’ve also supported the campaign via social media.”

• Democratic Labour Party candidate Rachel Carling-Jenkins outlined her concerns for local businesses and her worry that if McDonald’s development went ahead, other big fast food chains would follow.

“The DLP believes that too often, small businesses and the local communities supported by these small businesses, are ripped off by big business.

“I want to see healthy local economies develop in the LaTrobe electorate which are built on small businesses and will promote buy-local campaigns.”

3. Local Schools and Organisations:

• Tecoma Primary School Council (VCAT submission):

“Our objection to the proposed development is based on three areas that we believe the proposed development will have an adverse impact on our school, namely:

*Traffic Congestion, Parking & Safety;
*Graffiti, Vandalism & Litter
*Local character & amenity”

• Tecoma Pre-School (Committee of Management for Tecoma Preschool submission to VCAT). The Tecoma Preschool Committee registered their objection to the proposed development of McDonald’s in the immediate vicinity of the Preschool. The Committee objected to the proposal on the grounds of traffic congestion and hazards to families, litter, detraction from the amenity of area, and raised concerns after receiving feedback from parents who would not sent their children to the preschool if McDonald’s was across the road.

The VCAT submission stated

“If the development proceeds and this becomes a common occurrence, the viability of our Preschool will be questioned by this development”.

• Tecoma Village Action Group (TVAG) is one of many Township Groups throughout the Dandenong Ranges working to make their township a better place to live and work. They are an incorporated not-for-profit registered organisation. TVAG is a member of the Shire of Yarra Ranges Township Groups Network. They have been very active in opposing the McDonald’s development in Tecoma following a process of extensive community consultation. They made a submission to VCAT to oppose the development and have had a very active role in the campaign to stop the development.

• Save the Dandenongs League is a not-for profit community based organisation that advocates for the protection and restoration of the Dandenong Ranges as a natural asset for all time. It was established in 1950. The League’s Aims and Objectives are: To work for the preservation of the historical and natural beauty of the Dandenong Ranges as a national asset for all time. The League is a non-sectarian, non-party, nonprofit making organisation. Save the Dandenongs League submitted an objection to the McDonald’s development to VCAT and has spoken out publicly in the media.

4. Health Experts at the Local, State, and National levels:

• Local GP, Dennis Gration teamed up with prominent Senior Lecturer in Pediatrics at the University of NSW, Dr. David MacDonald to oppose the development.

In a Medicare Local article, Dr.MacDonald stated that

“There is impressive epidemiological evidence that close proximity of fast food restaurants to schools may increase the obesity rate in children attending these schools”.

The article cited the National Health Strategy that states that “prevention is everyone’s business-and the government has called on all levels of government, peak organisations, health professionals and practitioners, communities, families and individuals to play their role in preventing chronic disease and making Australia the healthiest country by 2020”.
Senior Policy Advisor/Executive Manager for the Obesity Policy Coalition, Jane Martin, is also a supporter of the campaign, and regularly speaks about it in her public engagements. She is committed to building the evidence to support legislative and policy reforms to restrict the marketing of unhealthy food to children. Jane is currently a member of the Australian NZ Obesity Society’s Public Health Committee, the Leadership Advisory Group of the Victorian government’s Go for Your Life program, the Victorian government’s Body Image Committee, and the Parents Jury Steering Committee.

The newspaper The Herald Sun published an article written by Jane Martin where she outlined the current flaws in the planning system in the state of Victoria which are counterproductive to the state’s health initiatives to address obesity:

“The protests around the opening of a McDonald’s outlet in Tecoma illustrate Victorians’ concern at the encroachment of fast food chains on their communities. It is surprising then that local councils which want to oppose the establishment of such outlets in the interests of health are effectively powerless to prevent it under Victoria’s current planning laws.

The density of fast food outlets in Victoria has increased significantly in recent decades, serving meals that often are energy dense with higher saturated fat and salt than meals prepared at home. Obesity and overweight rates in Australia are high, affecting about 60 per cent of adults and 25 per cent of children.

As a result, a big proportion of our population is at increased risk of developing chronic diseases including diabetes, heart disease and some cancers. To combat that, Australian governments have introduced initiatives to prevent ill health, including the Healthy Together Victoria program with an investment of $100 million over nine years.

The scheme recognises that local governments are ideally placed to lead programs to influence health in their communities, including targeting the underlying causes of chronic disease such as poor nutrition and physical inactivity. Those are important steps towards improving health at the community level, however the situation in Tecoma shows that efforts made by local government to improve community health can be undermined by the present Victorian planning scheme.”

The Obesity Policy Coalition (The OPC) was established by:
• Cancer Council Victoria
• Diabetes Australia – Victoria
• Vic Health
• World Health Organization Collaborating Centre for Obesity Prevention at Deakin University.
The OPC made this media release about the McDonald’s development in Tecoma case triggering a need to reform planning laws:
Planning Act Puts Victorians’ Health at Risk
Monday 15 July, 2013
Community protests in the Dandenong Ranges against the development of a 24-hour McDonald’s fast food outlet highlights the urgent need for potential health impacts to be considered in planning decisions, according to the Obesity Policy Coalition (OPC).
The OPC is calling on the Victorian Government to act on recommendations of a Parliamentary Inquiry into Environmental Design and Public Health tabled in May 2012 which include:
• Incorporating protecting health as an objective of Victoria’s Planning and Environment Act
• Commissioning further research on health impacts of fast food outlets on communities
• Developing a planning mechanism for local councils to limit fast food outlets in communities

Jane Martin, Executive Manager of the OPC, says the events unfolding in Tecoma in the Dandenong Ranges highlights the issues associated with the powerlessness of local councils and concerned communities to oppose fast food outlets on health grounds.
“At a time when more than 60% of adults and 25% of children in Australia are overweight or obese, councils and communities should be allowed greater influence over the density and location of local fast food outlets to try and encourage and support their communities to eat less unhealthy food,” said Ms. Martin.
“Research tells us that a high concentration of fast food or take away outlets can influence unhealthy food choices. “As Victoria’s planning system currently stands, the ability of councils to intervene in the development of a fast food restaurant and to act on community concerns is very limited,” she said.
“The Environmental Design and Public Health Report tabled in Parliament in 2012 included several key recommendations to help address these issues. The Government hasn’t yet acted on the recommendations, but the problems are only increasing, as indicated by the case of Tecoma.” Providing measures to support local communities to oppose the development of large fast food chains such as McDonald’s is important for a range of reasons, according to the OPC.
“Chain fast food outlets sell huge volumes of food, representing 44% of foods eaten outside the home and much of this is unhealthy. According to a recent study of sales at multiple McDonald’s outlets, only 1% of orders were for the healthier options,” said Ms. Martin.
“This volume of sales means they are able to sell their products very cheaply, undercutting local businesses and making them more attractive than healthier food options. “Of course the bigger chains also spend hundreds of millions of dollars marketing their products, not just through traditional advertising, but via sports and event sponsorships, movie tie ins, point-of-sale promotions, and increasingly through cheap, highly targeted social media platforms,” she said.
“It’s imperative for health to be included as a consideration in planning schemes and decisions going forward. Federal and State Governments are pushing for councils to create healthy environments for their communities with initiatives like Healthy Together Victoria, which focuses on healthy food and physical activity. They now need to give councils the legal backing to be able to deliver this.”

• Community Health Nurse, Shakti McLaren, has worked in Health Promotion for over 25 years and has published author of health promotion (Australian Journal of Health Promotion and Talking Health) and conference presenter at various conferences including Victorian Rural health. Ms. McClaren also opposes the development and shares the concerns for the health of the community. She has been an active campaigner to stop the McDonald’s development and has written submissions to council to amend current planning to include the considerations of community health in regards to fast food developments.

5. Environmentalists/Conservationists:

• Murrundindi – Wurundjeri Nation ngurungaeta (Tribal leader of the Melbourne region indigenous people and regularly conducts cultural education programs in pre-schools, primary and secondary schools throughout Melbourne. Healesville Sanctuary nominated him for a reconciliation award in 1997).

He wrote a letter of support to the campaign stating:

“I’m a great believer that the environment should stop the way it is. I’m sick and tired of big companies coming in on our land, and desecrating our land with junk foods. This land is a very spiritual land, where my ancestors roamed for thousands of years. I have seen, over the last 60 years of my life, the land going backwards because of European settlement and their way of life. We should all go back to basics, respect the land as our mother who gives us the resources to live and to survive from.”

• Friends of the Earth (FoE) are the world’s largest grassroots environmental network, uniting 76 national member groups and some 5,000 local activist groups on every continent. They have over 2 million members and supporters around the world, they campaign on today’s most urgent environmental and social issues. They state they “challenge the current model of economic and corporate globalization, and promote solutions that will help to create environmentally sustainable and socially just societies”.

Friends of the Earth (Melbourne) have supported the campaign in many ways: they organised 2 days where reprentatives came up to be on the community vigil at the site, promoted the change.org petition, posting updates on the campaign on their social media and are working on a statement for the campaign to distribute. They wrote this statement to the campaign;

“There are many reasons why Friends of the Earth supports the community campaign against the proposal for a McDonalds outlet at Tecoma:

The community has clearly indicated, by a large majority, that it does not want a McDonalds. The company should respect community sentiment. The Dandenong Ranges are an environmentally sensitive area that should be protected from inappropriate development that would diminish the environmental and recreational value of the Hills.

The outlet is planned for a small suburban shopping strip, where it will dominate the streetscape and generate large volumes of vehicle traffic at all times of the day, with resulting risk to residents and potentially adverse impacts on existing businesses. Such an outlet would not be in keeping with the cultural or visual identity of the local streetscape, the backdrop of shopping strip – the southern face of the Dandenong Ranges. The presence of a McDonalds outlet would compromise the National Trust Registered Sherbrooke Forest landscape.

Apart from concerns about the physical location of this outlet, there are a range of broader concerns about the business model employed by McDonalds. The company relies on the use of high volumes of single-use, generally non-recycled, and non- reusable food and beverage containers. Apart from the unsustainable nature of these types of operations, there can be little doubt that litter that will find its’ way onto local streets where some of it will potentially be washed into creeks and waterways”.

• Southern Dandenongs Land Care is a division of Land Care Australia Ltd, which is a national network of thousands of locally-based community groups who care for the natural resources of Australia. Landcare partnerships range from corporations to individuals such as farmers and landholders, community groups, regional networks, youth groups, schools, business, industry and local, state and federal governments. There are more than 4000 community Landcare groups, 2000 Coastcare groups and many thousands of volunteers across the country.has written this statement about their concerns for wildlife and the enviornment if the Tecoma McDonald’s store was built:

“Clause 21.09 of the (Victorian) State Planning Policy Framework identifies the Dandenong Ranges as an environmentally sensitive area that should be protected from development that would diminish the environmental and recreational value of the Hills. The presence of a McDonalds outlet would compromise the National Trust Registered Sherbrooke Forest landscape. It does not reflect the cultural identity of the local community.
The Dandenong Ranges have the largest rate of environmental volunteer participation in the whole of Melbourne who are working, and have worked for many years, to restore, protect and enhance the natural environmental values that provides habitat for unique fauna, as well as a beautiful natural aspect for residents to live amongst and enjoy for recreation. The site of proposed outlet for McDonalds is located within the Monbulk Creek and Ferny Creek catchments and less than 1 km from the creeks themselves. Both of these creeks are crucial to the health of the local environment. There are several nationally vulnerable and threatened species including Platypus, Lyrebirds, the Powerful Owl and the Yellow-bellied Glider and many species of bats and other nocturnal animals dependant on these catchments for their survival.
The business model of this particular multi-national convenience restaurant operation is intrinsically geared to making sales of product as easy and as ‘convenient’ as possible for customers. This means heavy reliance on very high volumes of single-use, non-recyled, non- reusable food containers that are intended to be taken off its’ premises. This magnifies the likelihood of collateral litter that will find its’ way onto our streets where it will be washed into our creeks and waterways. As well as increasing the untidiness of Tecoma, this type of litter actively damages the sensitive environmental values that are a part of the town.
The all-night operations of a large take-away business will have a disruptive and negative impact on these creatures. The lights and noise will disturb their breeding behaviour, their calls to their mates and offspring and their efforts at navigation. The nature of a convenience restaurant will also attract increased numbers of feral pest animals such as rats, foxes, cats and dogs that will hang around looking for food scraps at night, creatures which are known to prey on our nocturnal native animals.
Further concerns regarding the presence of a McDonalds outlet on this site are the increased siltation of creek through poorly managed stormwater runoff during construction and post building because of hard surfaces which increase velocity of storm water; increased incidence of oil and other vehicle fluid spills due to increased automotive use of area; increased potential exposure of diurnal and nocturnal birds of prey to off-target poisoning as a result of McDonalds pest animal management (poison baiting of rodents)
In summary, the Southern Dandenongs Landcare Group reject the building of a McDonalds outlet in Tecoma due to major concerns of the negative impact it will have on the sensitive environmental values of the Dandenong Ranges.
Southern Dandenongs Landcare Group Inc.
PO Box 1294 Upwey Vic 3158
www.sdlg.org.au ”

6. Prominent Legal Experts on the conduct of McDonald’s:

• Maurice Blackburn, one of the largest social justice law firms in Australia, said the legal action and tactics being used by McDonalds Australia to stop protesters are an affront to civil liberties. Maurice Blackburn is acting pro bono in this case because peaceful protest is fundamental to civil rights and democracy.

Malcolm Cumming, principal lawyer said

“The orders sought by McDonalds, particularly as they apply to the representative group, are so broad they could apply to people who do not even know they are of subject them. On top of this, protesters have to watch every move they make on social media.”

The orders are intimidating for a broader group than just eight protesters. They bind an ill-defined class of people, and are structured in such a way that, if successful, could have significant implications for community protests. This is an enormous, well-resourced company, which is notorious for fighting its opponents in court.”

• Robert Richter QC, who specialises in criminal and human rights law, pledged his support in The Age newspaper (Oct 29th, 2012). ‘‘I think it’s appalling that they’re trying to build a McDonald’s in a fabulous rural area’’.

7. Academics:

• Dr. Kerin O’Dea, Professor of population health and nutrition, The University of South Australia, was interviewed on the national radio program “The Wire” she said “fast food outlets are built in places where they think “they will get a lot of custom and target children”. She expressed concerns about having close proximity of fast food outlets to schools. “I think it is very important that local people do have a say in the development of their own local areas…”.
• Dr. Beryl Langer is an honorary associate in the School of Social Secience at La Trobe University. She wrote an article in The Age newspaper, “Corporatocracy Killing Grassroots Democracy”. In this article he discussed the case of the McDonald’s development in Tecoma. He stated:

“The current standoff between protesters and developers at Tecoma is a prime example. Yes, the VCAT decision to allow McDonald’s to proceed with their plan for a 24/7 franchise in the Dandenong Ranges was legal, but it lacked legitimacy in the eyes of the community. A consistent theme in published interviews with protesters relates to their sense of democratic outrage. Their elected local government refused McDonald’s application for a permit; 90 per cent of surveyed residents did not want McDonald’s in their town. Unsurprisingly, people feel cheated when an unelected tribunal rules in favour of a global corporation over the wishes of local government and the community it represents. It might be legal, but it doesn’t feel ”democratic”. Nor does McDonald’s resort to legal action feel ”just”.

While McDonald’s is legally entitled to initiate court action against the ”Tecoma 8”, the asymmetry of money and power leaves people feeling that the law is being used for corporate bullying. The possibility of risking the family home to pay legal expenses deters even the most determined community activist. It is certainly ”legal”, but it is not experienced as ”just”, and when people lose faith in the legitimacy of social institutions, social cohesion is damaged. Naive as it may seem, ordinary people like to think that citizens in a democratic society are equal before the law; McDonald’s versus the Tecoma 8 does not feel like ”equality”.”

• Dr. Elissa Sutherland, Lecturer in Economic and Social Geography, School of Geography & Environmental Science, Monash University, made this statement of support to the campaign:

“The Dandenong Ranges and Tecoma, in particular, have a unique Australian character that is threatened by the McDonalds development there. Surrounded by natural bush land, most of which is designated as National parks, the area is both visibly green, populated by a rich and diverse indigenous flora and fauna as well as by a human community aesthetic that is decidedly conscious of its spectacular environment. This is not just another suburban context where retail strip malls are the epicentre of human existence. In Tecoma and its surrounds, the trails and bushwalks, tourist sites for viewing the native birds, lookouts that offer spectacular views over surrounding hinterlands are instead where people most routinely meet and mingle with each other and Australian nature.

There is not a single McDonalds, Hungry Jacks, KFC or Red Rooster yet in the area and the locals and local Council had intended to keep it that way so as to maintain the unique character of the hills community. These well-known fast food icons are common to the majority of Australia’s suburban landscape, but not yet the Dandenongs. These fast food establishments are commonly found agglomerated on major road intersections in suburban Australia such that when travelling from one State, city or suburb to the next, it is often very difficult to distinguish places from each other.
This homogenisation of Australian place and culture such that a ‘geography of nowhere’ is created cannot be undone. However, in the Dandenong Ranges this has not yet come to pass. This development has become iconic of the David and Goliath fight of local people and place struggling to maintain their unique character and dignity in the face of the steamroller of multinational business that has homogenised and devalued our local places.

The majority of residents and the local Council voted against this development but was overturned by a State administrative Tribunal that has limited understanding of the local context. Yes, ‘The Law’ is currently on the side of McDonalds, but morally, McDonalds is on very shaky foundations. If good business requires connection to local people and environment, then surely this development is not beginning on the right foot.”

• Dr. Peter Singer Professor of Bioethics at Princeton University, CA. In 2004 he was recognised as the Australian Humanist of the Year and in June 2012 was named a Companion of the Order of Australia for his services to philosophy and bioethics. He serves on the Advisory Board of Incentives for Global Health, the NGO formed to develop the Health Impact Fund proposal. He was voted one of Australia’s ten most influential public intellectuals in 2006. He tweeted to his 38,700 followers that he signed the campaign’s petition and referred his followers to the petition. He wrote this statement for the campaign:

“Beef is a major factor in cancers of the digestive system and cattle raising is responsible for a large proportion of Australia’s greenhouse gas emissions. McDonald’s is promoting a diet that is a disaster for our planet and the health of those who eat it. I support efforts to promote healthier and more sustainable ways of eating.”

8. Unions:

• The Construction, Forestry, Mining and Energy Union (CFMEU). It is Australia’s main trade union in construction, forestry and forest products, mining and energy production. The CFMEU has offices in all capital cities in Australia and in many major regional centres. The Union has over 140,000 members in total and employs around 400 full time staff and officials. Construction workers become members of the CFMEU Construction and General Division in the state or territory in which they work. This includes both on-site and off-site construction workers.

CFMEU assistant secretary Shaun Reardon reported to ‘The Age’ newspaper that union workers would stand by residents until their concerns were addressed.

”The people of Tecoma have the right to protest over inappropriate developments in their community and the CFMEU will be showing all due respect until their issues are resolved.”

• Australian Workers Union (AWU) is Australia’s oldest and largest blue-collar trade union representing over 135,000 working men and women and their families. The AWU started in 1886 representing shearers and miners and today we have grown to be Australia’s most diverse union representing workers in the manufacturing, steel, aluminium, glass, oil & gas, aviation, agriculture, construction, state public services, local government, health, plastics, hospitality, food, paper, resources, aquaculture, events and racing industries

“The AWU Victorian Branch supports the right of the people of Tecoma to protest the building of a McDonald’s in their township. The fact that this massive multi-national corporation has chosen to terrorise the so-called ‘Tecoma Eight’ with Supreme Court action which threatens unspecified but potentially personally catastrophic repercussions, speaks against the friendly image it seeks to promote in its ‘family restaurants’. Any notion of corporate responsibility includes community consultation, which has obviously not happened here. The people have sent an overwhelming message which should be heeded, and not overwhelmed by corporate might. “

• Australian Services Union (ASU) has been a key supporter of the campaign, has supported the blockade at the construction site and posted this statement on their website:

“ASU supports Tecoma community in opposing site for fast food chain

The ASU supports the right of the Tecoma community to oppose development. The ASU is an affiliate of the VTHC*. The VTHC resolved to support the rights of the Tecoma community to protest against inappropriate development. This resolution is supported by the ASU.

In Tecoma, passionate local protestors are committed to preventing what they see as inappropriate development. Their actions affect the development site both in terms of access and egress from the site. It follows that the site would not be a safe environment for workers. The ASU do not believe that it is reasonable to put workers in the middle of such a heated debate. The Victorian Government must take a proactive approach to resolving this dispute. It should convene a meeting of the local council, the local MP, the developer, the VTHC and representatives of the protest group. The ASU fervently believes the parties should be working towards a resolution acceptable to the overall community.”

*VTHC = The Victorian Trades Hall Council. It is a representative body of trade union organisations, known as a Labour council, in the state of Victoria, Australia. It includes 60 affiliated Trade Unions and Professional Associations, and eight Victorian regional Trades and Labour Councils.

• Australian Nursing and midwifery Federation (ANMF) has a membership of over 230,000. They have posted messages of support with links to the campaign’s petition on their FB page. The organization posted this message, “The petition opposing a 24-hour McDonald’s in Tecoma has reached almost 86,000 signatures. Many nurses and midwives are supporting this campaign are are arguing a fast food chain opposite a primary school is not in the best interests of this community”.

• National Union of Workers (NUW) is a union from a wide range of industries including: Food Services, Food Manufacturing, General Manufacturing, Cold Storage, Pharmaceutical, Poultry,Warehousing and Distribution,Market Research and Call Centre,Sales, Marketing and Merchandising, Dairy and Cheese Making, Oil, and Defence Logistics. They have provided a lot of support, initially helping with a petition and even hosting a BBQ for the 4,000+ person protest march. They have posted their support on their website, including this statement:

“NO MACCAS COMMUNITY PROTEST

The community of Tecoma is in the Dandenong Ranges, 40 kilometres east of Melbourne, with a population of 2085 residents.The Dandenong Ranges are where Melbourne’s eastern suburbs meet the mountains and forests.

Protected parklands and National Parks preserve the natural beauty of this area, which includes valleys and hills covered in thick temperate rainforest and dense ferny undergrowth. It’s also home to NUW members who are trying to defend their community from a multinational corporation that seems to think that community members have no say in what happens in their community.
Nine out of ten people have said no. VCAT has said yes.

People organised in communities should have a say over what happens in their community, just as workers organised into unions should have a say over their workplaces. These struggles are intertwined in our people’s history”.

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