MILDURA Council has ended months of controversy by issuing a drive-through permit for Subway’s Deakin Avenue shop after objectors abandoned the VCAT process.
Development of the popular site — shared with two objecting take-away food shops — has been the centre of a hard-fought community debate since councillors approved the drive-through in September.
Pinno’s Pizza – one of the neighbouring shops – confirmed in October they would appeal the decision with Victoria’s planning umpire due to safety concerns and loss of car parking space for their customers.
But Subway’s planning consultant Roy Costa told Sunraysia Daily VCAT had “struck out” the objecting application as funds were not paid on time.
“An application was lodged with VCAT to review the council’s decision to approve the drive-through development,” he said.
“However, on December 4, VCAT made an order that the application, having not been paid within the 30 days after the date on which the application was lodged, be struck out.”
The saga escalated in September when Mildura councillors voted against council’s planning departments recommendation to refuse Subways proposal on a number of grounds.
The planning department cited pedestrian safety and increased traffic given the site’s location between several Mildura schools as reasons to refuse the plans, in addition to 19 written objections.
But five against four councillors, including Mayor Simon Clemence, argued the development would enhance the safety of the complex with alteration of the entry and exit points.
Mr Costa said now that the VCAT objection had been struck out, council had now formally issued a planning permit given Subway provides amended plans.
“The process moving forward is for Subway to meet the conditions of the permit and provide amended plans which the council requires,” he said.
Some of the required conditions include placing a speed hump on the exit lane of the drive-through, entry signage and splay at the Fourteenth Street crossover.
“At the moment, there’s no provisions in place for anything,” Mr Costa said.
“But, by the issuing of this permit, it puts a lot of requirements that will actually control traffic movement from Deakin Avenue, Fourteenth Street and control pedestrian movements with speed humps that will protect car speeds within that area.”
Mr Costa said Subway was willing to abide by all required conditions and hoped to start works in the first half of 2020 after completing the Benetook Avenue store.