McDonald’s on A38 between Derby and Burton approved by a Government inspector

Plans for a drive-through McDonald’s next to the A38 between Derby and Burton have been approved by a Government inspector.

The fast food giant had its plans for a drive-through restaurant off The Castle Way, next to the A38, near Willington, rejected last April by South Derbyshire District Council – against the recommendations of its council officers.

However, Government planning inspector S Dean has now overturned that decision at appeal, approving the scheme.

Mr Dean writes in his conclusion that the benefits in terms of employment and economic contributions weigh in favour of the project and that it aligns with policies from the district council.

The scheme would provide 120 jobs and lead to £1.87 million being invested into the local economy, the fast food chain had said.

Hundreds of residents had raised concerns about noise, litter, anti-social behaviour, and hazardous queuing onto, and off, the neighbouring A38.

The junction with the A38 next to the site is notorious due to it involving motorists merging straight into traffic without a roundabout or much time to pick up speed – and it is a known local accident hotspot.

Mr Dean wrote in his decision notice: “The appeal site is already a somewhat busy environment, with near-constant road noise from the A38, as well as noise and movement associated with vehicles using the junctions around the site, passing the proposed site access and crossing the embankment to the south of the site. 

“The appeal proposal would almost certainly result in additional vehicle movements on The Castle Way. 

“However, given the existing level of vehicle movements as well as the relatively minor additional level of movement associated with the proposal, I do not consider that this would cause unacceptable harm to living conditions.”

The proposed site sits opposite a BP petrol station and the OK Diner and is currently occupied by a skip storage company.

McDonald’s had been set to have its plans refused in 2023 before they were withdrawn, with district council officers saying alternative sites had not been considered, which McDonald’s had said was not required.

That application was met with 199 objection letters and 43 support letters.

Meanwhile, a second refreshed application, assessing alternative sites, garnered 270 objections and 230 support letters.

Allegations were made that McDonald’s had gone on a national campaign to attract support from around the country.

McDonald’s looked at alternative locations in Mickleover, Willington, Etwall, Hilton, Hatton, Findern, Newton Solney, Repton and Heatherton Village.

This also includes the currently vacant KFC plot at the Derby and Burton services off the Toyota roundabout – which McDonald’s had previously said it was unaware of.

That scheme was rejected in April last year.

Mr Dean wrote: “Much has been made of the potential availability of the former KFC unit at the A38/A50 service area.

“Whilst that unit may be available, the evidence of the appellant is clear that it is not suitable for their proposal in terms of its size, servicing, interior and exterior arrangements and then the combined effect of all of those factors on the viability of their business.

“It was also clear from my site visit that accessing that unit, from the A38 was less convenient than the appeal site, requiring as it did, the use of the A38/A50 roundabout junction.”

The site would include 53 parking spaces and room for up to 20 vehicles to queue at the drive-through portion of the restaurant.

Meanwhile, the restaurant would have 76 tables and include a children’s play area.

Mr Dean continued: “Many third parties have raised concerns over highway safety and convenience given the location of the site, traffic speeds and junction arrangements.

“I accept that in highway terms, there is a lot of activity around the site, with access to and from the A38, as well as residential accesses, multiple accesses for the filling station/diner, as well as the junction between The Castle Way and the A5132.

“However, neither the council, county highways nor National Highways raise any objection on highway safety grounds. 

“Traffic modelling, including modelling traffic growth and undertaking new traffic-counts, has found that all of the junctions around the site have sufficient capacity to accommodate the proposal. 

“Evidence from the intended site operator also demonstrates that there should be sufficient capacity within the site to accommodate any vehicles using, and waiting to use, the drive-thru facilities as well as those parking to go into the restaurant area.”