Bills

Planning, Development and Infrastructure (Fast Food Restaurants near Schools) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 5 March 2025.)

The Hon. J.M.A. LENSINK (21:25): I feel like I am wearing the mantle of the Hon. Tung Ngo on behalf of the Liberal Party: 'The noes have it.' We will not be supporting this bill. It sounds like a laudable idea in principle.

The Hon. R.A. Simms: It is.

The Hon. J.M.A. LENSINK: I would certainly hope that the Hon. Mr Simms would think it is a laudable idea, given it is his. It seeks to prohibit the construction of new fast-food restaurants within 400 metres of schools and to prevent existing outlets from renewing their leases or licences in that same radius. We have been very helpfully supplied a specific list of fast-food chains, and it gives the minister the power to add more by regulation.

I have examined this bill, which has been on the Notice Paper for some time. He has a problem with donuts, yes; fried food; ice cream, by the looks of it; and Carl's Jr. You can actually get healthy options at some of these places. There is a consumer push towards healthier foods, and then there are some that are very unashamedly not healthy. I do wonder why, for instance, Wendy's Milk Bar is on the list but then there are all these gelato shops that are not. I think it is very hard to split the particular choice of which to include on a list or not include, particularly with, I think, McDonald's. I do not really go there, so I do not really know what they serve, but from my understanding they have been attempting to provide healthier options.

Why we should blanket ban these things is one of the issues, but it is also to do with examining what the planning system is there for. It is a piece of legislation to govern land use rather than what is essentially a social issue, trying to tackle the issues with growing human obesity, particularly in children. It is not supposed to be a lifestyle management piece of legislation, but to provide a level of orderly development and protection of heritage, manage infrastructure and guide population growth, rather than being one which legislates individual choices as to what people put in their mouths and consume. Given the lateness of the hour, I think I might leave my comments at that.

The Hon. R.B. MARTIN (21:29): The government does not support the Planning, Development and Infrastructure (Fast Food Restaurants near Schools) Amendment Bill 2022. Decisions on whether a land use is appropriate or not is a matter that requires planning consent based on an assessment against the planning rules as set out in the Planning and Design Code. There are numerous locations within 400 metres of schools where the Planning and Design Code has land zoned for commercial uses, which includes restaurants and fast-food restaurants.

A key principle of our planning system is that land is zoned to ensure reasonable and expected uses occur in specified locations. Restaurants, be they fast-food or fine dining, are expected uses in the majority of commercial-type zones under the Planning and Design Code. Both schools and fast-food restaurants, as high-traffic areas, require locations along or close to arterial roads and roads with capacity for higher traffic. Pushing the locations of fast-food restaurants to the outer bounds of these zones will mean more traffic in suburban and neighbourhood areas.

The bill proposes to prohibit the establishment or change in use of any roadside service station within 400 metres of a school where it has an associated fast-food outlet or perhaps even sells food and beverages. Combining onsite restaurants for seated or takeaway food and sale of food and beverages is now a standard industry practice for the majority of new or refurbished retail fuel outlets across Australia.

The planning system should also not be used to determine whether a lease for a lawfully established land use, be it fast-food or any other use, should not be renewed based on the land use's distance from a school. Leases are a matter between two parties and are not matters the planning system should intervene in.

It is also noted that the bill would not prevent small independent takeaway stores, such as the local fish and chip shop, pizza bar or bakery, from opening up within 400 metres of a school. This means there is no guarantee the bill would achieve its intended outcome. Given the significant impacts it would have on existing fast-food premises and petrol stations, and given it would be unlikely to prevent smaller independent takeaway stores from operating nearby schools, the government cannot support this bill.

The Hon. R.A. SIMMS (21:31): I am disappointed to note the position of the Labor and Liberal parties on this. This was a very modest proposal; it was based on a system that has worked quite effectively in the City of London, where they have a prohibition on fast-food outlets and junk food outlets within 500 metres of schools. It is also a proposition that was informed by community feedback.

In the Adelaide Hills, I was contacted by residents in near Heathfield Primary School, who are very concerned about a 7-Eleven that was being opened up directly opposite their school—it is a big issue within that community. It is also a big issue in the southern suburbs, and in particular I refer to 'junk food corner' near Christies Beach High School, where there are a number of issues with antisocial behaviour within the school that are linked to the proximity of the fast-food outlets next to the school.

I have certainly had feedback from a variety of schools that having fast-food outlets so close to schools contributes to antisocial behaviour within the classroom. It makes it difficult for students to be able to concentrate, because they are more likely to consume fast-food and fatty food at lunch, and it also can create a bit of a space for antisocial behaviour as well.

There is a lot of feedback that I have had from different constituents around the benefit of this. I am disappointed that the Labor and Liberal parties are not supportive. There is an election just around the corner. I will be sure to remind community members in the impacted electorates of the position of the Labor and Liberal parties when I am out on the hustings. Given this was a key issue that has been raised with me for action, I will be sure to remind them that the roadblock of reform in this space is the Labor government, aided by the Liberal opposition.

Second reading negatived.