Divisive plans for a new but “totally inappropriate” McDonald’s drive thru are set to be quashed following a legal battle between campaigners and a council.

Dover District Council (DDC) was subjected to huge backlash when it gave the green light for the fast food chain to open a restaurant on a former leisure centre site close to the Port of Dover.

Despite more than 300 objections to the scheme - including concerns over traffic, effects on wildlife, and damage to the view of Dover Castle - officers recommended it be approved in December.

Councillors subsequently voted the application through, but after tireless campaigning - including a 27,500-strong petition - the decision could now be overturned.

The Friends of the Castle Conservation Area (FCCA) have been at the forefront of the fight.

At the beginning of this month, they sent a pre-action letter to the authority, showing their intent 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 has confirmed it is now liaising with the group’s legal teams, and says it “agrees the decision should be quashed”. However, an official judgement will have to be made through the courts.

DDC failed in its duties in regards to two sections of the Planning (Listed Buildings and Conservation Areas) Act 1990.

These are section 66, which states a local authority must have “special regard to the desirability of preserving a listed building or its setting or any features of special architectural or historic interest which it possesses”, and section 72, which states “special attention shall be paid to the desirability of preserving or enhancing the character or appearance of a conservation area”.

The proposed drive-thru, on the corner of Townwall Street and Woolcomber Street, would have sat just outside the Castle Conservation Area, but was next to the ruins of St James’ Church.

It also would have had historic Dover Castle in its backdrop, something campaigners said would spoil the view of the landmark.

FCCA member Louis Melville told KentOnline: “We and all the local residents that have worked tirelessly for nearly a year to stop this totally inappropriate development from taking place on a site of such historic and ecological importance.

“A site of not just importance to the people of Dover, but to the whole nation and those further afield.

“We are glad that DDC has agreed this planning decision should be quashed, but it saddens us that it took us having to start legal action against DDC before they would accept this.”

He also expressed the group's frustration that despite objections from the public and official bodies such as Historic England, National Highways, English Heritage, permission was still granted for the development in the first place.

The land – once home to Dover’s former leisure centre – is currently owned by DDC but a Freedom of Information request sent by FCCA to the council revealed that company Citycourt Development Ltd had an option to buy the land off the council.

Mr Melville added: “Even though we regard this as a great victory for people power managing to stop a giant multinational corporation steamrolling over a corner of one of the country's most important historic areas, we do feel the battle will not be really over till DDC agrees not to sell the site to Citycort Development Ltd and McDonald's.

“It should also agree that the site will be kept in the ownership of DDC or put into a trust which enables the site to be used in ways that better the health and wellbeing of the people of Dover, whilst ensuring the historic integrity and biodiversity of the site for future generations of Dovorians and visitors alike.”

A Dover District Council spokesman said: “The decision to grant planning permission in respect of application reference DOV/24/00293 is the subject of a legal challenge but, at this stage, has not been overturned.

“The council has taken legal advice and has engaged with the claimant at the pre-action stage and agrees that the decision should be quashed but it is for the court to make this decision.

“Should the court quash the permission, the application will be remitted to the council to redetermine.”

McDonald’s has been contacted for comment.