Council clarifies approval process for proposed Marian food outlet

Mackay Regional Council received a development application for a proposed McDonald’s food and drink outlet at 230 Anzac Avenue, Marian. 

Council understands the concerns raised by the community in relation to the development and has given this serious consideration to the extent possible given the requirements of the Planning Scheme and State Government’s Planning Act. 

The land is zoned mixed use which means the application is code assessable. Therefore, while council has received and considered the submissions and a petition on the application, council is bound to assess the application in accordance with the Planning Act and approve the application if it generally complies or can be conditioned to comply with the Planning Scheme.   

As the application is code assessable, there is no formal public notification period and therefore submitters are not afforded appeal rights under the State Government’s Planning Act. 

Anzac Avenue (Mackay-Eungella Road) is a State-controlled road. As a result, the State Government are the decision-maker for matters relating to the proposal’s impacts on Anzac Avenue, 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 decision. 

Mayor Greg Williamson advised that the State Government had assessed the impacts of the development on Anzac Avenue and have imposed conditions on the approval, including a pedestrian refuge. 

“Based on the amended plans, supporting reports and State Government approval now before council, the proposal was determined to largely satisfy the applicable assessment benchmarks. Where non-compliances were identified, these were able to be dealt with via conditions and has been approved subject to a number of conditions, including conditions designed to limit its impact on neighbours”, said Mayor Williamson. 

Council received 52 submissions and a petition raising concerns about the proposal and understands the issues expressed by members of the Marian community.  

Council Chief Executive Officer Gerard Carlyon confirmed council had considered the matters raised; however, the application must be decided against the requirements relevant to its assessment under the Planning Act. 

“While council appreciates a number of community members are opposed to a McDonald’s in that location, the reality is that the land was zoned for mixed use development, including commercial development back in 2017 and the site has been available for McDonald’s or any other suitable commercial development since that time”, said Mr Carlyon. 

With the State referral decision issued, a decision from council must be made by the deadline of August 4, 2026. 

Based on the completed assessment and the information now before council, council has approved the application subject to conditions.