The General Manager
City of Ryde Council
1 Pope Street
Ryde NSW 2112
FORMAL OBJECTION – Development Application LDA2026/0090
Premises: 3 Saunders Close, Macquarie Park NSW 2113
Proposal: Establishment and operation of a Guzman y Gomez food premises within the approved tenancy, including associated signage and seating for 32 indoor and 20 outdoor patrons.
Objector: Residents and Owners Corporations of Strata Plans 90453, 270800 and 1163232, Macquarie Central, Macquarie Park NSW 2113.
1. Introduction and Standing to Object
We write on behalf of the Owners Corporations of Strata Plans 90453, 270800 and 1163232, comprising several hundred residents and lot owners of the Macquarie Central development directly adjacent to and within the immediate amenity catchment of the proposed tenancy at 3 Saunders Close. As directly affected neighbouring residents and property owners, we have clear and direct standing to lodge this objection.
We formally and unreservedly object to this application on multiple grounds, each of which we submit is individually sufficient to warrant refusal, and which in combination present a compelling case against approval.
2. Ground 1: Fundamental Incompatibility with the Surrounding Residential Precinct
The area immediately surrounding 3 Saunders Close is overwhelmingly residential in character, comprising high-density apartment towers housing many hundreds of permanent residents at close quarters. A Guzman y Gomez (GYG) outlet is, by the brand’s own description and market positioning, a casual fast-food chain targeting high foot-traffic, youth-oriented custom. It is not a neighbourhood café, a convenience store, nor a service compatible with quiet residential enjoyment.
Specific incompatibilities include:
• The proposed outdoor seating for 20 patrons will generate persistent noise, conversation, and activity directly beneath and adjacent to residential apartments — particularly problematic during evening trading hours.
• The approved operating hours framework for the Macquarie Rise retail precinct (LDA2025/0126) permits internal trading until 11:00 pm and outdoor dining until 10:00 pm, seven days per week. A fast-food outlet operating at or near these hours is wholly inappropriate in a residential setting.
• Delivery vehicle movements and supplier servicing associated with a high-volume fast-food operation will add to traffic, noise and general disturbance in what is a confined residential close.
• The cumulative impact of GYG’s characteristic noise profile — from kitchen equipment, order-calling systems, and patron volume — has the real potential to materially diminish the amenity of hundreds of nearby residents.
We submit that the proposed use is clearly at odds with the character of the residential precinct in which it is proposed to operate, and that Council is required to weigh this incompatibility against the statutory objectives of the relevant planning instruments.
3. Ground 2: Odour Emissions and Amenity Impact
This ground of objection is supported by industry evidence, not assertion. GYG’s signature cooking method employs an open gas chargrill, which produces high-concentration kitchen exhaust emissions. This is not in dispute — AOM Australia, a specialist commercial kitchen exhaust and filtration firm, has publicly documented that GYG’s cooking process results in “high kitchen exhaust emission concentrations” and specifically identifies the chain as requiring specialist odour mitigation at multiple Australian locations, including sites where existing filtration was inadequate and generated continuous complaints from neighbouring tenants and residents.
The implications for this specific site are significant:
• Residential apartments in the surrounding towers — including those at Macquarie Central — are in extremely close proximity to the tenancy. Cooking odours from an open chargrill operation have a well-documented capacity to permeate into nearby living spaces, balconies and shared open areas.
• Odour intrusion into residential premises constitutes a genuine and measurable degradation of residential amenity and may constitute a statutory nuisance under applicable New South Wales environmental legislation.
• The proposed application provides no detail whatsoever regarding odour management or the specification of kitchen exhaust filtration. We submit this is a material omission in the application documentation and that the application is, on this basis alone, incomplete.
• We call on Council to require, at minimum, a comprehensive odour and kitchen exhaust impact assessment from a qualified specialist engineer, and to make any approval (should it be contemplated at all) strictly conditional upon the installation and ongoing maintenance of appropriate filtration technology to the satisfaction of Council’s environmental health officers.
4. Ground 3: Unwelcome Youth Congregation and Anti-Social Behaviour
GYG is, by deliberate brand positioning, a youth-oriented fast-food concept. Its low price points, late operating hours and brand culture actively attract congregations of young people, including late-night patronage that is characteristic of the brand across its network of locations.
We are concerned that the combination of the following factors will create conditions conducive to anti-social behaviour:
• Late operating hours — potentially until 11:00 pm — within a residential close with no natural surveillance or through-traffic to moderate behaviour.
• The proximity of the Macquarie University Metro Station, which will facilitate easy access for large numbers of young people from across the metropolitan area, well beyond the immediate residential catchment.
• Twenty outdoor patron seats, combined with the informal and lingering character of fast-food patronage, will create persistent gatherings in the public areas immediately adjacent to residential properties.
• The resulting noise from gatherings of young patrons — including arrival and departure noise from the adjacent Metro — will directly impact the quiet enjoyment of hundreds of residential apartment occupants in the immediately surrounding towers.
• Litter, loitering, and the cumulative disorder associated with late-night fast-food patronage have been well-documented concerns in planning decisions across New South Wales. We urge Council to weigh this established pattern of impact against the interests of existing residential amenity.
5. Ground 4: Inconsistency with the Stated Development Vision of Morling College and TOGA
This ground of objection strikes at a fundamental question of good faith in the planning process. When Morling College and its development partner TOGA sought and obtained approval for the Macquarie Rise concept masterplan and subsequent development applications, the vision presented to the community, to Council and to the public was explicitly one of a thoughtfully curated, community-serving mixed-use precinct — not a fast-food hub.
The publicly stated language used by TOGA and Morling College in support of the development included references to:
• An “activated retail precinct and public plaza” designed to serve the surrounding community of residents and the college.
• A “mixed-use village setting” integrating educational uses, community services and compatible retail — language specifically used in planning documents filed with Council.
• Retail and commercial uses designed to meet “the needs of Morling College and the surrounding community”, with a park at the centre intended for “exercise, dog walking, recreation and a place for children to play.”
• The development was described by its own architects and planners as creating “new streets and open space linking to Kikkiya Creek and the surrounding nature” — a vision entirely at odds with a high-volume, youth-oriented fast-food chain.
We submit that the approval of a GYG outlet in this location represents a material departure from the character of development promised to the community and represented to Council during the original approval process. Residents who purchased properties at Macquarie Central and those who assessed their amenity in light of the proposed Macquarie Rise development were entitled to rely upon those representations.
We respectfully request that Council examine the conditions attaching to the original concept DA approval (lodged in August 2019, Reference: as noted on Planning Alerts) and any representations made by the applicant as to the nature of retail tenants, to establish whether any tenancy mix conditions exist that may be relevant to this application.
6. Ground 5: Failure to Demonstrate Compliance with Applicable Planning Instruments
The application, as described, fails to provide adequate information to demonstrate compliance with the relevant provisions of the Ryde Local Environmental Plan 2014 and the Macquarie Park Corridor Development Control Plan. In particular, we request Council to scrutinise:
• Whether the proposed use, as operated in practice by this specific brand with its associated noise, odour and patronage profile, is truly permissible in the zone, or whether discretionary conditions should properly limit the class of food premises to those compatible with a predominantly residential precinct.
• Whether the application adequately addresses acoustic impacts from plant and equipment (exhaust fans, mechanical refrigeration, order systems), outdoor patron noise, and delivery vehicle movements.
• Whether a Waste Management Plan has been submitted, given the volume of packaging waste associated with fast-food operations of this scale.
• Whether an independent acoustic and amenity impact assessment has been provided, as would normally be expected for a food premises application in close proximity to residential accommodation.
7. Conclusion and Request for Refusal
On the totality of the grounds presented above — residential incompatibility, proven odour emission risks, the foreseeable congregation of young people and attendant anti-social behaviour, the breach of the community vision represented by Morling College and TOGA at the time of original development approval, and the insufficiency of the application documentation — we submit that this application should be refused.
Should Council be minded, contrary to our submission, to grant approval, we request in the strongest possible terms that this not occur without: (a) a public hearing or mediation process in which directly affected residents may be heard; (b) a comprehensive and independently verified acoustic and odour impact assessment; (c) strictly limited operating hours no later than 9:00 pm; (d) conditions prohibiting outdoor patron use after 8:00 pm; and (e) enforceable conditions requiring continuous maintenance of specialist kitchen exhaust filtration equipment.
We also formally request that Council notify us directly of any hearing date, any amendment to the application, and of any decision made in this matter.
We thank Council for its consideration of this objection and trust that the interests of the many hundreds of existing residents of this precinct will be accorded appropriate weight.
Yours faithfully,
David Collins
_______________________________
Chairman / Secretary / Treasurer
Strata Plans 90453, 270800 & 1163232
Macquarie Central, Macquarie Park NSW 2113