McDonald’s accused of tough tactics in fights with councils over new branches | Health

McDonald’s has thwarted attempts to stop it opening new outlets by stressing that it sells salad, promotes “healthier lifestyles” and sponsors local children’s football teams.

Public health experts claim the fast-food firm uses a “playbook” of questionable arguments and tough tactics to force local councils in England to approve applications to open branches.

The disclosures, in an investigation published by the British Medical Journal (BMJ), set out how McDonald’s gets its way, especially when it appeals against councils’ decisions to block new openings.

Since 2020 it has lodged 14 such appeals with the Planning Inspectorate. So far it has won 11 of them and lost only one, and there are two others ongoing, the BMJ reported.

Its victories have led to it being allowed to open some branches for 24 hours a day and to display advertising signs featuring its golden arches logo next to roads.

In one case, it told the planning appeals body that customers at a proposed new drive-through McDonald’s in Norwich would be able to order coffee, salad and meals containing fewer than 400 calories. A “notable amount of custom will be on foot or by cycle”, it insisted, despite the outlet being next to a busy ring road.

It also highlighted that its provision of a climbing frame would encourage “physical activity” and “healthier lifestyles”.

Despite Norwich city council’s objections, the inspectorate upheld McDonald’s appeal and the restaurant – its 10th in the city – will open in the middle of the year.

The company has used statements provided on its behalf by Dr Matthew Capehorn, a GP who set up a private weight management clinic in Rotherham, to win appeals against local authorities’ attempts to stop it opening new branches in Kirklees, West Yorkshire, and Mansfield, Nottinghamshire.

Capehorn, who has previously worked as a paid medical adviser to McDonald’s, told the inspectorate that its food was “healthy and nutritious”. In addition, he said “over 100” factors contributed to the development of obesity, not just unhealthy food.

In submissions to the inspectorate, McDonald’s sought to allay Mansfield district council’s concerns about a planned outlet that would be near three primary schools.

“Children are likely to visit the restaurant with a supervising adult who can support the child to make responsible food choices,” it said. Its appeal was again upheld.

The investigation, by the health journalist Sophie Borland, identified five cases since 2020 in which a council rejected McDonald’s application to open a new branch but the firm successfully appealed by claiming it would promote healthy living.

In several cases, McDonald’s threatened to sue local councils for repayment of its legal costs because they had acted “unreasonably” in refusing their applications.

Alice Wiseman, the director of public health in Gateshead, told the BMJ that McDonald’s tactics made it hard for councils to refuse fast-food outlets permission to open on health grounds.

“It’s very undermining in the role of local government in being able to shape a healthy environment. We haven’t got the resources that the likes of McDonald’s have got to be able to get into any legal battles with this. It’s David and Goliath.”

Dr Kawther Hashem, a lecturer in public health nutrition and the head of research and impact at the campaign group Action on Sugar, said: “It is outrageous that a major fast-food outlet is using its vast financial and legal resources to override local councils’ efforts to protect public health.

“It is no more enough to just offer some salad options than to claim that a company promotes ‘healthier lifestyle’. Clear transparency on sales of healthier options is now needed, with evidence of improvement over time.”

Katharine Jenner, the director of the Obesity Health Alliance, said McDonald’s claims were “pure corporate spin”.

Poorer areas now have twice as many fast-food outlets as rich ones, she said. “This flood of takeaways is fuelling obesity rates, with diet-related diseases such as type 2 diabetes, heart disease, musculoskeletal conditions and poor mental health forcing thousands out of the workforce and piling pressure on the NHS.”

A Department of Health spokesperson said: “Fast-food giants are cruelly targeting children by setting up near schools and prioritising their profits over our kids’ health.

“This government is tackling the obesity crisis head-on by giving councils stronger powers to block new fast-food outlets near schools and further measures to crack down on junk food advertising targeting children.”

McDonald’s told the BMJ: “We pride ourselves on being a positive presence in the communities within which we operate.

“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.”