An amended development application for a McDonald's restaurant at Chisholm sailed through a tribunal after a community member failed to file evidence or appear at the hearing.
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The demolition of the Chisholm Tavern and an adjacent public toilet block can proceed to make way for the controversial new restaurant on the site, after the ACT Civil and Administrative Tribunal approved an amended development application.
A community member, who had organised a petition against the proposal, failed to file submissions or appear before the tribunal after mediation was removed as a joint party, allowing Chisholm Village Pty Ltd and the ACT Planning and Land Authority to reach an agreement on amendments.
The tribunal removed Shane Carter as a joined party, noting in orders he had not filed submissions or evidence despite being directed to.
The petition, sponsored by Labor Legislative Assembly member Joy Burch, attracted more than 800 signatures in August.
It called on the ACT government to oversee thorough community engagement to address traffic safety and community amenity concerns.
The ACT Civil and Administrative Tribunal approved the amended development application earlier this month.
However, on the night of January 29, Mr Carter posted on social media renewing his call to save the tavern.
Posting to a community page, Mr Carter wrote: "ACTPLA have agreed to the Maccas development going ahead against community wishes.
"It can still he [sic] stopped as the ACT Government needs to consent to the sale of the toilet block for the development to proceed. Let's get in there and save our Tav!"
The Chisholm Family Tavern on Friday announced it would have a final send off sometime in April.
"We are deeply saddened we cannot continue to service you, however after years of fighting against McDonald's and also surviving COVID, McDonald's have won. We wish we could say our ending will be the beginning for another small business in Chisholm, sadly we can't," the tavern said in a statement on Facebook.
More than 100 representations were made after the original development application, which included plans to demolish the tavern and replace it with a drive-through restaurant, was lodged.
The application was refused by the ACT planning and land authority, largely for vehicle and pedestrian movement and parking issues.
Reconfigured plans were lodged, and 21 representations were made. The plans were refused a second time largely on traffic and car parking issues as advised by Transport Canberra and City Services.
An application for review was lodged with the ACT Civil and Administrative Tribunal to reconsider the reconfigured plans.
An Environment, Planning and Sustainable Development directorate spokesman said the traffic management and car parking issues were resolved with Transport Canberra before the tribunal hearing.
The tribunal then approved the development with conditions agreed to by the planning authority and proponent.
Approval conditions include revising the eastern facade to provide "a greater contribution to the overall character of the existing centre" and providing two disabled parking bays.
Chisholm Village Pty Ltd has three years to start the project, and it must be completed within three years of its starting date.
Jasper Lindell
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
