A NEWQUAY fast food outlet could be opening 24 hours a day.

McDonald’s in Treloggan Road has submitted a planning application seeking conformation that the proposed trading operation of 24 hours a day of the site is lawful. The applicant believes it can lawfully open 24 hours as no opening time conditions were imposed when planning permission was approved for the outlet in 1997.

The restaurant currently opens between 5am and 12am.

Savills, on behalf of McDonald’s Restaurants Ltd, said: “On June 4, 1997, planning permission was granted for the erection of ‘drive through’ fast food restaurant and associated car parking and external works.

“The original permission did not include any formal planning conditions restricting the operating hours of the restaurant.

“This application seeks confirmation that the proposed unrestricted trading operation, i.e. 24 hours a day, of the site, is lawful.

“In accordance with established planning law, for there to be a valid planning restriction on operating hours, it must be imposed by condition.

“There are no conditions of approval on any relevant permission which control the use or operation of the floorspace at the application site, and none of the later permissions relating to the McDonald's restaurant contain any restrictions on the opening hours.

“Therefore, this application has been submitted to certify that there are no planning restrictions on the hours of operation for the restaurant, which can therefore operate 24 hours a day.

“We request that the application is approved, and a certificate is issued pursuant to Section 192 of the Act confirming that the proposed unrestricted trading operation of the restaurant, i.e. 24 hours a day, is lawful.”

The closest McDonald’s that is open 24 hours is at Fraddon.