The ACT's planning authority is appealing a tribunal decision to allow KFC to build a new restaurant next to a skate park in Belconnen in the Supreme Court.
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Chief Planner Ben Ponton on Friday confirmed the authority had lodged the appeal with the ACT Supreme Court, saying it was rare the authority would appeal such matters, but the authority felt "very strongly" about the plan.
The restaurant chain's development application for what would be its third outlet in Belconnen has faced strong community opposition, and the authority rejected it.
But the chain appealed the authority's decision to the ACT Civil and Administrative Tribunal, which in December last year overturned the government's decision, allowing it to proceed.
Asked by local Assembly member Tara Cheyne about the matter during estimates hearings on Friday, Mr Ponton confirmed the authority had lodged the appeal with the court, and Planning Minister Mick Gentleman said a directions hearing was expected next month on the matter.
Ms Cheyne put a statement on social media saying the authority had decided to appeal "because they believe ACAT has made a serious error of law", and she was "very happy with this", though it was now up to the court to decide.
She said the issue had generated "significant community concern" ever since the application was first lodged in late 2016, and residents were still regularly raising it with her, given it was adjacent to the skatepark and near main bus interchange.
Ms Cheyne said the Belconnen town centre master plan identified Emu Bank as place with the potential to be "a real destination for all Canberrans", and in her view "having yet another fast food drive-thru takeaway established in this area would set this back and is inconsistent with what the community wants to see".
"I note the Chief Planning Officer said that appealing a decision is very rare and, as a model litigant, this only occurs when ACTPLA considers that a serious error of law has been made," she said.
"While the outcome for the site is now up to the Supreme Court I know many Belconnen residents will be following the case closely."
The authority had orginally rejected the application on the grounds it inconsistent with the master plan and Belconnen Town Centre Precinct Code, as well as not satisfying the lease purpose conditions.
The decision comes after Belconnen's skateboarders, BMX riders and scooter fans slammed the proposed KFC outlet, voicing concerns about increased litter, traffic and antisocial behaviour around the skatepark.
Comment was sought from KFC.
