The Environment court has allowed for a 10m "Golden Arches" illuminated sign at the Balmoral site. Photo / Brett Phibbs
Balmoral residents have suffered a further blow in their 3 1/2-year battle to stop a McDonald's restaurant being built on the western edge of the shopping centre, fronting Balmoral Rd and Wiremu St.
In a reserved decision, the Environment Court has backed the former Auckland City Council's July 2009 granting
of resource consent for the 159-seat playground and drive-through operation.
However, it rejected McDonald's bid to open from 6am-midnight, seven days a week, but allowed a 10m "Golden Arches" illuminated sign, which the council prohibited.
Balmoral Community Group, formed by 60 residents, went to court to put its concerns about traffic, noise and litter and the impact these would have on homes.
Group secretary Justine Tringham was upset by the decision and talked yesterday of taking the appeal to the High Court.
"It's disappointing that the court and council have ignored the concerns of the community.
"Big business will win out," said Ms Tringham, whose 67-year-old mother lives next door to the site.
She said the site was near an accident black spot - the main intersection of arterials Balmoral and Dominion Rds.
Judge Melanie Harland said the court approved operating hours of 6am-10pm Sunday to Thursday and 6am-midnight Friday and Saturday.
She agreed with residents that the drive-through operation had potential for adverse effects on residents. Restricting hours of operation at night would reduce effects to an acceptable level.
The court accepted McDonald's summary that the shopping centre near Wiremu St "has a lively and busy late-night character" with its cafes and the Capitol Cinema.
Homes at the eastern end put up with traffic from a childcare facility and the Seventh Day Adventist Primary School, the court said.
Wiremu St was already an alternative route for shopping centre patrons, depending on traffic conditions.
In making its consent subject to amended conditions, the court asked for the position of the illuminated sign to be closer to the proposed building near the Balmoral Rd main entrance.
Judge Harland said the court's role was not to evaluate the appropriateness or otherwise of the products and services offered to the public, but to "evaluate the effects of the application for land use consent on the environment".
