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Democracy, or its failure to represent the people has been the cry of a vocal group opposing the construction of a McDonald’s restaurant in the Melbourne suburb of Tecoma, but how has Australian democracy failed this group and what does it mean to the community at large?

Well, a lot more that you’d think, actually.  

The McDonald’s Tecoma site sits at the far end of the long reaching Burwood Highway, and was zoned  as suitable for commercial purposes by local shire and state authorities. 
Although McDonald’s always had the legal right to operate in the area, Councilors at the Shire of Yarra Ranges (SYR) unanimously refused to grant McDonald’s a permit to construct a fit for purpose structure on the site despite the advice of their own legal and planning officers and contrary to the very planning overlays that the shire council had previously engineered. It’s worth noting at this point that this decision was made conveniently prior to the impending local government elections of October, 2012.

Roll on 2013, local elections are done and dusted and Councilors at the Shire of Yarra Ranges are now at liberty to refuse to challenge McDonald’s successful appeal to VCAT, their seats by now, safely won. You see, In the past, municipal government was the traditional realm of the community minded Rotarian or the bored retiree, but when municipal governments become politically affiliated, as is now the case with the SYR, we start to see the politicisation of basic issues along party lines, in the interests of re-election, and not necessarily in the best interest of local residents.

So how does democracy fit into all of this?  Well for a start, the SYR made a politically expedient ruling inconsistent with their own planning statutes. Had local Lyster ward Councilor Samantha Dunn and her colleagues truly cared about zoning issues in the ward and represented the interests of locals, she might have made some effort in her first term to amend zoning and exclude 24 hour operation for new or existing businesses in the shire. Instead, she’s been busy promoting the agenda of her chosen politically affiliation, the Australian Greens http://vic.greens.org.au/samantha.dunn, Stroking wombats and posing for photo opportunities in the local paper.

And VCAT? (the Victorian Civil and Administrative Tribunal). Well they act much like a magistrate in a court of civil law. Their function is not to challenge legal precedent (local or otherwise), but to uphold and enforce it.  In this instance, they upheld the local and democratically elected council’s existing zoning statutes, of which McDonald’s always attempted to avail themselves of in the first place!  

For those who oppose McDonald’s in the Dandenong Ranges, or any fast food conglomerate in the hills for that matter, the onus of blame must be looked upon realistically. It wasn’t democracy that failed you.  Rather, it was the inactivity or ineptitude of local councilors who failed their constituents. 

So, how will you be voting next election?