FAQs
A Safe Systems Assessment Report to be submitted in accordance with Planning Scheme Policy – Geometric Road Design. The report is to consider pedestrian linkage to the balance of the mixed use zoned land to the west and Centre zone to the south;
The provision of an outdoor seating area in the north-east corner of the site; and
The construction of a 2.2m high acoustic wall on the eastern boundary;
All external lighting to be in accordance with AS/NZS 4282:2019 Control of the Obtrusive Effects of Outdoor Lighting;
Landscaping plan to ensure a high level of landscaping is provided along Anzac Avenue, being an Image corridor.
What has been proposed?
A development application has been lodged for a proposed McDonald’s food and drink outlet at 230 Anzac Avenue, Marian.
Has the State Government approved the application?
Yes. The State Government approved the State-controlled road component on June 30, 2026. Its approval includes a channelised right-turn treatment, a centre median with a pedestrian refuge and pedestrian connectivity improvements. Council cannot overrule the State Government decision.
Has council approved the application?
Yes. Based on the completed assessment, amended plans, supporting reports and State Government approval before council, council had no reasonable grounds to refuse the application.
Why can’t council refuse the application?
The land is zoned mixed use, which means a food and drink outlet is code assessable under the Mackay Region Planning Scheme.
For code assessable applications, council must assess the proposal against the relevant planning scheme benchmarks and the Planning Act.
A code assessable development application is a bounded assessment that must only be assessed against the applicable assessment benchmarks in the planning scheme, including zone, overlay and development standards. Under the Planning Act 2016, the application must be approved where it complies with those benchmarks or can be made compliant through the imposition of reasonable and relevant conditions.
What would happen if council refused the application?
Refusing the application without valid planning grounds would likely expose council and the community to costly legal proceedings, funded by ratepayers, with little prospect of success.
Council does not have sufficient planning grounds to refuse the application.
Did council consider community concerns?
Yes. Council received 52 submissions and a petition raising concerns about the proposal. Council understands the issues raised by members of the Marian community and has considered those concerns to the extent possible under the Planning Act and the planning scheme. Where relevant planning grounds existed, the matters raised in submissions assisted in informing the assessment of the application and the development conditions imposed to address and mitigate potential impacts, including matters such as traffic, pedestrian safety, noise, lighting and residential amenity.
However, because the application is code assessable, council must make its decision against the relevant assessment benchmarks rather than broader community preference for or against the type of business proposed.
Community Concern | Comment |
Traffic, parking and Road Safety Concerns were raised about the development impacting upon Anzac Avenue.
| Anzac Avenue (Mackay-Eungella Road) is a state-controlled road and the application was referred to the State Assessment Referral Agency (SARA), who approved the application, including all movements access, on 25 June 2026 subject to conditions decided by the State Government. |
Impact on Residential Amenity Concerns were raised about the 24-hour operations of the development impacting nearby residents.
| The Applicant has submitted a Noise Impact Assessment that recommends the construction of a 2.2m high acoustic fence (with the material required to achieve 12.5kg/m²) along the eastern side boundary of the site to address the impacts of the development on the existing Dwelling Houses to the east of the subject site. Additionally, delivery from medium and larger trucks are not permitted to access the site between 10pm and 7am. The recommendations of the Noise Impact Assessment form part of council’s conditions of approval. |
Community health and safety Concerns raised that the development's proximity to Marian State School may increase pedestrian safety risks and encourage greater fast-food consumption among school-aged children.
| SARA’s conditions of approval issued on 25 June 2026 require that a pedestrian refuge be constructed on Anzac Avenue to provide for a safe crossing. The health impacts of the development are not a planning matter and unable to be considered under the Planning Act 2016. |
Need, suitability and integration Concerns were raised about the need for the development, its potential impact on the nearby shopping centre and local businesses and does not provide an appropriate mix of residential and commercial uses. | An Economic Needs and Demand Assessment submitted with the application indicates there is sufficient local demand for the proposed food and drink outlet and that the use is not expected to detrimentally impact nearby centre activities or local businesses. The site is within the mixed-use zone, which allows a range of residential and commercial uses, and the proposal does not prevent residential or other mixed-use development occurring on the adjoining lot. |
Impacts on the Pioneer River Concerns were raised about potential impacts on the Pioneer River’s environmental and ecological values, including pollution risk and limited opportunities to overlook and enjoy the river. | The Ecological Assessment found the proposal is unlikely to have significant adverse impacts on the environmental and ecological values of the Pioneer River. Development is located outside the mapped waterway buffer, largely within previously cleared and disturbed areas, and incorporates retention and rehabilitation of the riparian corridor. Environmental management measures have been recommended to further protect water quality, riparian habitat and ecological connectivity. These are included in the conditions of approval. A condition has been included on the approval requiring an outdoor eating area to be provided. |
What role does the Queensland Government play?
Anzac Avenue, also known as Mackay-Eungella Road, is a State Government-controlled road. This means the State Government is responsible for assessing matters relating to impacts on that road, including access, road works and pedestrian connections.
The State Government approved the State-controlled road component on June 30, 2026. Its approval includes a channelised right-turn treatment, a centre median with a pedestrian refuge and pedestrian connectivity improvements. Council cannot overrule the State Government’s decision.
Can council change the planning scheme to stop this application?
No. Even if council made changes to the planning scheme, this application would still need to be assessed against the planning scheme that applies to it when it was submitted. Changes made after an application is lodged would not change the outcome of this application.
Why is a McDonald’s allowed in this location?
The site has been zoned mixed use since 2017. This zoning allows for a range of commercial uses, subject to assessment against the planning scheme. This means the site has been available for a McDonald’s or another suitable commercial development since that time and the land was purchased privately.
What conditions will apply to the approval?
The approval is subject to conditions to ensure the development proceeds in accordance with the assessed plans and relevant requirements. These include conditions designed to limit impacts on neighbouring properties.
What happens if council refuses the application?
If council refused the application without sufficient planning grounds, the applicant could appeal the decision in the Planning and Environment Court. Based on the assessment, council is confident there are not sufficient grounds to successfully defend a refusal. This would create unnecessary legal costs for ratepayers.
Do residents have appeal rights?
As the application is code assessable, there is no formal public notification period. The submissions received are not formal submissions under the Planning Act and therefore submitters do not have appeal rights.
When did council have to make a decision?
With the State referral decision issued, council was required to make a decision by the assessment deadline of August 4, 2026.