The Shire of Yarra Ranges voted down a motion to launch an appeal against the VCAT decision to approve a McDonalds on the 23rd of October. During that vote many councillors stated they could not support an appeal due to the fact the Council was in “caretaker mode” as an election was due later that week.

The “sequel” to this vote was taken on Tuesday 13th of November when after after a few weeks of lobbying, it was demonstrated that there was no legal impediment to the new council voting on an appeal to the Supreme Court of the VCAT decision and attempting to lodge a late appeal. Samantha Dunn moved the motion and Noel Cliff also spoke in favour of an appeal. Only Len Cox spoke against an appeal. He claimed it was an “open cheque” which was contradicted by Samantha Dunn stating that councilors had been given information on the potential cost of an appeal in writing from Andrew Paxton (Council Officer).

All five new councilors did not speak and all voted down an appeal. The vote was 7-2 against appealing. After the vote an impromptu feedback session was held where people told  the council why they thought the decision was wrong. When councilors left the chambers and returned, a “turn your back” protest was held.

Obviously it goes without saying that this was an extremely disapointing result for the campaign. Despite the fact that this development was opposed by over 1000 public submissions, that council voted unimously against it, that over 300 public submissions were made to VCAT against it. Despite the fact that VCAT dismissed all of this public opposition as irrelevent. Despite the fact the Council had received formal legal advice that there was at least one ground for an appeal to VCAT – it decided to not do so and the councillors would not even explain publically why they took this stand. This was a sad failure of representative democracy.

Councillors leave the chamber rather than listen to what the community has to say (Photo by Glenn Stephenson Photography)

Campaigners turn their back on councillors in protest at the vote (Photo Glenn Stephenson Photography)