KFC considers lodging appeal against Byron council
THE applicant for a KFC in Byron Bay has not decided whether to pursue legal action after the Byron Shire Council refused an application.
A KFC spokesman said today that no decision has been made on the next step after the council's refusal at its Thursday meeting.
"No one has made up their mind yet," the KFC spokesman said.
"This was the first attempt to open a KFC in Byron Bay."
The KFC was proposed for Jonson St.
Councillors received a letter from the KFC applicants on March 7 calling for more talks after they were advised that staff had recommended their application to fit out a former music store as a food shop and restaurant be rejected.
Council staff's main grounds for recommending the refusal was that there were too few car parking spaces as required under its development controls.
Councillors Diane Woods and Alan Hunter voted against the refusal, expressing concerns council would become embroiled in another expensive legal challenge in the Land and Environment Court.
"They did not want us to go through with this today. They wanted the opportunity to talk," Cr Woods said.
Council's executive manager of planning Ray Darney said knocking back KFC was defensible as it was consistent with council's development control plan which had been consistently applied for several years.
Mayor Simon Richardson, who staged a high-profile campaign against KFC, declared an interest and did not vote or participate in the debate.
The application was lodged with council on October last year and it received two submissions in support, one neutral, 347 objecting and five petitions in objection to the development with a total of 4197 signatures.