“As much as it can be a little bit frustrating [at the moment], there is an end to it,” Koci said. “You adjust your life around what is.
“Now, there’s going to be no reprieve.”
Other objectionable noise included the sound of cars idling in the drive-through, extractor fans operating constantly, music from car stereos playing at loud volumes and people shouting as they eat their food in the car park.
She echoed the concerns of other residents who moved in after the restaurant opened who said they couldn’t open their windows during the day because of the smell of burgers and fries.
Some said they didn’t hang their washing outside as the odour would get into the clothes.
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“Look, it’s not one of those smells where you go, ‘Oh, I’m going to be sick’, but it’s not nice either,” Koci said.
The neighbours feared losing a quiet period during the night when the restaurant’s operations ceased.
“Everybody’s got better stuff to do than complain,” said resident Mary Brest. “Yes, we live next door to a Macca’s, but from one to six [in the morning]? Come on.”
At a VCAT hearing this month, barristers representing both McDonald’s and the residents argued over whether the change to the operating hours should proceed.
One proposal was for McDonald’s to block off its car park during the late-night hours to stop people looping back from the drive-through to eat their food. However, the company has not yet agreed to that idea.
McDonald’s is seeking an amendment to allow it to operate 24/7.Credit: Eamon Gallagher
They cited issues such as staff needing car spaces and potential difficulties in making the adjustment late at night.
Another suggestion was for the drive-through to be built into the ground to prevent noise from being heard by the residents.
McDonald’s is arguing that the extension of its trading hours is appropriate because the area in Kew was rezoned from residential to commercial in 2017.
Credit: Matt Golding
The company said the rezoning meant its use as a convenience restaurant was “as of right” and a planning permit was not required for the extended hours.
The company said the installation of 2.8-metre high boundary acoustic fence, required under the planning permit, would be sufficient to reduce noise.
Barrister Susan Brennan, SC, representing McDonald’s, said none of the residents had raised formal complaints about the smell from the restaurant.
“One has to ask whether the problems are truly as bad as being suggested if the smell of the food has never been raised,” she said.
She also said that the company did not accept that it was not in compliance with the conditions of its permit.
“This is not an audit of whether they like living next to a McDonald’s … especially one that has been there 30 years,” she said.
“Neighbours who move in next to a McDonald’s should accept a different amenity than if they move into a quiet residential area.”
Not all the residents who object to the overnight drive-through proposal are opposed to the restaurant itself, however, and some said they sometimes ate there.
Barrister Alex Gelber, representing the residents, said a proper balance had already been struck between the two parties’ wishes with the 1am closing time.
“If the tribunal finds the McDonald’s is inflicting unacceptable amenity, the tribunal ought not to extend that further into the night,” he said.
The matter will return for further hearings later this year.
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