BATHURST could stand to lose its Taco Bell restaurant before ground is broken, and all because of one condition imposed on the project.
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At its June ordinary meeting, Bathurst Regional Council approved a development application for a drive-through Taco Bell restaurant to be built on the corner of Stewart and Howick streets.
The recommendation put to councillors that night was for the plans to be approved with 87 conditions, however, they chose to add one more.
Councillors agreed that the design needed to be changed so that entry was only allowed via Howick Street and all vehicles would have to leave the site via Stewart Street.
The applicant of the DA, McDuck Properties, has since lodged a modification requesting that this condition be deleted.
Council will consider this request at Wednesday's meeting, with the recommendation being that the condition remain in place.
McDuck Properties' Hector Abbott told the Western Advocate that he was disappointed with the recommendation from council staff, given they never saw fit to include it in their initial recommendation ahead of the June meeting.
"Whilst we are grateful for council's support for the Taco Bell application, we are disappointed with the report on council's business paper as the matters now raised did not form part of the council's original assessment of the application. Nor was the matter of concern to the TfNSW (Transport for NSW) during their assessment," he said.
"Fast food restaurants rely on convenience and access and the access constraint imposed by council has a significant adverse effect on the operation of the restaurant.
"Unfortunately, without the removal of the condition, the project may be placed in jeopardy with the resultant loss of 54 jobs and over $3 million in capital investment.
"We have applied to have this condition removed and this will be considered by council at their meeting this Wednesday. We are hopeful that the councillors will approve the removal of the condition so as to ensure that this development proceeds."
When councillors added the condition, they said it was about safety, fearing what could happen if there was an increase in vehicles turning right from Howick Street onto Stewart Street.
While councillors have been presented a recommendation not to delete the condition, they are not bound to accept it.
The report to Wednesday's meeting notes that TfNSW did raise the issue of the impact of additional traffic on the safety of the intersection, and the condition "represents a considered and reasonable response to that issue".
"It is ultimately a matter for the council to consider if any of the issues raised by the applicant would change that response," the report said.
The DA for Taco Bell was lodged in late 2019 and was assessed by council staff over a seven-month period before being referred to the June meeting for determination.
Mr Abbott noted that the team was being guided by TfNSW when it came to road safety, as well as the advice of his traffic engineer, who has more than 30 years experience.
Conversations between the developer and TfNSW started well before plans were lodged with council.
McDuck properties has not objected to any of the other conditions imposed when the DA was approved.