McDonald's is overturning council attempts to prevent new fast food outlets by claiming they will encourage healthier lifestyles, reveals an investigation published by The BMJ today.
Based on Freedom of Information requests, it shows that the firm has won planning appeals against local authorities in some of the most deprived areas of England, where around 1 in 4 children are obese by the time they leave primary school.
Its tactics include arguing that customers can order salad from its drive-through branches, that they could cycle or walk there, and that its sponsorship of local football teams promotes health and wellbeing.
McDonald's, which plans to open 200 new restaurants across the UK and Ireland over the next four years, has also deployed a specialist GP to argue that obesity is caused by "over a hundred" factors other than fast food, and that its menu contains nutritious and low calorie options.
A McDonald's spokesperson says: "Local decision making is a critical part of the planning application process, and we always want to work in partnership with local councils to ensure our plans are right for the community."
But experts tell The BMJ the threat of a McDonalds' appeal has a chilling effect on councils and means they would be more inclined to wave through a planning application for a new branch regardless of their public health concerns.
The investigation found the firm has lodged a total of 14 appeals with the Planning Inspectorate – the central Government agency that oversees appeals against local authority planning decisions – over the past five years and lost only one case; two cases are ongoing.
In one case in Norwich in 2024, the company argued that customers could order salad, coffee and meals of "under 400 calories" from its proposed drive-through branch and said "a notable amount of custom will be on foot or cycle" even though to do so would involve travelling beside a busy ring road.
The appeal was upheld by the Planning Inspectorate in May 2024 and the restaurant is due to open in the middle of 2025. It will be Norwich's tenth McDonald's.
In Mansfield, McDonald's sought to downplay the council's concerns over a branch's proximity to three primary schools and its potential health impact, claiming "children are likely to visit the restaurant with a supervising adult who can support the child to make responsible food choices."
The appeal was upheld and the restaurant was opened by the local youth football team, Ravenshead FC in December 2023. Their kit was sponsored by McDonald's, with the brand's golden arches adorning the shirts.
The investigation also identified cases in which McDonald's threatened to force councils to repay some of its costs for appeal hearings, by arguing the local authorities had behaved "unreasonably" – although it did not in the end recover these costs.
Dr Amelia Lake, a professor in public health nutrition at Teesside University, tells The BMJ: "Appeals involve an awful lot of human resource as well as work, and local authorities are very anxious about financial consequences. It's a perfect storm for which a well-organised, financially-fuelled machine can go in and present the evidence that might sway an inspector."
The investigation also uncovered 15 cases since January 2020 in which McDonald's objected to new proposals by local authorities to ban fast food outlets close to schools or in areas with high obesity, known as exclusion zones.
Experts point to a deeper problem with McDonald's and the wider food industry's "brainwashing" of families through advertising and influencing key policy decisions.
In a linked opinion, Alice Wiseman, vice president of the Association of Directors of Public Health and director of public health for Gateshead and Newcastle, calls for far-reaching policies that reduce the availability, affordability and visibility of harmful products, with a particular focus on protecting children and young people.
"If we can build a comprehensive approach to limiting harmful products and services that doesn't rely solely on individual behaviour change, we will see a notable reduction in the number of people living with preventable illness," she explains. "[But] cross-industry tactics to block legislation that would protect public health can make counter efforts against industry an uphill battle."
