Yarra Ranges Shire Council has voted against taking a fight against a proposed McDonald's restaurant in the Dandenong Ranges to the Supreme Court.
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About 200 people opposed to the planned restaurant in Tecoma packed the council chambers last night, but were furious when the council voted 6-3 against launching a legal challenge.
The council had previously voted unanimously in opposition to the fast-food giant moving in, but the Victorian Civil and Administrative Tribunal this month gave the go-ahead to McDonald's to build.
Councillor Samantha Dunn last night urged her colleagues to take their opposition to the Supreme Court, similar to the way the City of Stonnington is challenging a VCAT ruling on a residential complex in Armadale.
But most councillors voted against the proposal, fearing a court fight against McDonald's would be too expensive.
Cr Dunn today said she had been hopeful of succeeding in her motion, but was left "very disappointed" with the result.
"As far as I'm concerned it had to happen last night or it wasn't going to happen at all," she said.
Cr Dunn said residents were left "very angry" by the vote. She said the timing of last night's vote was crucial, as the new councillors elected this week would not be sworn in by the time the deadline for lodging a challenge in the court passed.
She said residents still had the right to take the fight against McDonald's to the court.
Almost 1100 residents had previously lodged objections to the restaurant with the council, and objectors have maintained a presence at the site of the development since the VCAT ruling.