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Controversial plans for a new McDonald’s drive-thru have been approved for a second time - but campaigners say they will continue fighting the scheme.
Dover District Council (DDC) gave the green light for the fast food-chain to open a restaurant on the former Dover Leisure Centre site in December.
However, the authority revoked its approval after a campaign group called Friends of the Castle Conservation Area (FCCA) sent a pre-action letter to the council, indicating its intention to launch a Judicial Review.
This is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
DDC admitted it failed in its duties regarding two sections of the Planning (Listed Buildings and Conservation Areas) Act 1990 when initially approving the scheme.
As a result, the application was sent back to the committee to be reassessed, and an updated planning officer’s report was drawn up - including an improved heritage and archaeological impact statement - to “address the grounds” for Judicial Review.
It found the scheme would cause “less than substantial harm” to historic sites such as the Grade II-listed St James’ Church, which sits next to the plot, and nearby Dover Castle.
The officer recommended the project for approval again, and it was approved by DDC’s planning committee last week.
But speaking at the meeting on Thursday, Michael Feeney of the FCCA said approving the project on the corner of A20 Townwall Street and Woolcomber Street would be a “travesty”.
“The effect of this development is to place an overbearing, modern takeaway restaurant next to the tidy ruins of St James’ Church, fundamentally destroying its setting and how it is experienced,” he said.
“The fact is that Dover, like most of the country, is suffering from a public health crisis and approving this development will only make things worse.
“Don’t be under any illusions, these are substantial harms that justify refusal in accordance with your local plans. The only benefits relied on are vague, unevidenced assertions of economic benefits.”
During the debate, Cllr David Beeney (Con) called for the plans to be thrown out, believing the council had enough reasons to refuse the application.
He said: “When it previously came before us, I wasn’t in favour of the application, and I’m still not in favour of it tonight.
“The building has probably been placed further towards the church rather than blocking the view of the castle, whereas if it were positioned nearer to the road, there would be less impact.
“I’m going to make a proposal that we actually turn this down this evening, and I feel that we do have a significant impact on the church.”
The site will also neighbour the St James’ Retail and Leisure Park, which already features Burger King, German Doner Kebab and Papa Johns.
Cllr James Back (Con) disagreed with his colleague, believing the new drive-thru would relieve pressure from the chain’s other site in Whitfield.
He said: “This new venture on this site will bring badly needed employment and take some of the pressure from Whitfield Road, the McDonald's and Whitfield roundabout.
“There has not been one other developer interested in this site, and this building is just one storey, unlike the leisure centre.
“Finally, KCC Highways has no objections overall, so we, as a planning committee, have no grounds to refuse this application, and I move to accept the officer’s recommendation.”
In total, 319 comments opposing the scheme and 184 in support were registered on DDC’s planning portal.
At the meeting, two motions were raised regarding the application, with one seeking to refuse it based on concerns over heritage and improvements to healthy living.
However, the scheme was approved with six votes for and four against.
The project will include 55 spaces, including 10 for electric car charging, and will create 120 jobs, the company says.
Previously, McDonald’s stated it was “excited” about the opportunity to open in Dover and that the restaurant would bring “significant investment” to the area.
McDonald’s used to have a town centre restaurant in Biggin Street, but it shut down in November 2017 and is currently empty.
The plot, which is on the edge of the Dover Castle conservation area, was previously home to Dover Leisure Centre before it was demolished in 2020.
Following the meeting, FCCA claimed DDC is “not protecting Dover's historic assets”.
“We of course are saddened by the decision,” said FCCA member Louis Melvilles.
“How can granting of planning for the same planning application ‘err in law’ one day and in DDC's eyes not ‘err in law’ a couple of months later, with no changes being made to the planning application?
“We are at present taking legal advice on our next moves and will act accordingly to that advice.”
Find out about planning applications that affect you by visiting the Public Notice Portal.
Resident Simon Lait added further concerns over the impact on the road network.
He said after the meeting: “The heritage impact is obviously important, but the additional traffic will be massive.
“It will cause chaos having the entrance and exit so close to the traffic lights and the pedestrian crossing for the seafront.
“It will be a traffic nightmare.”
It is currently unknown when construction will begin on the new restaurant.
KentOnline has approached DDC for further comment, but McDonald’s declined to respond.