Conservation watchdogs have welcomed the decision to throw out an appeal for a McDonald’s drive-thru restaurant in Musselburgh, describing it as “a victory for common sense.”

The fast food giant had hoped to open its second East Lothian outlet in the car park of the town’s Tesco store.

East Lothian Council’s planning committee refused planning permission last year on the heels of widespread public criticism.

McDonald’s appealed to the Scottish Government’s Planning and Environmental Appeals Division, which recently backed the council’s rejection.

Musselburgh Conservation Society claimed the plan was “without merit and unwanted”.

Barry Turner, committee member of the society, said the group had studied the report and, whilst agreeing with most of the content, “found things in it that warrant comment”.

He said: “Many objectors were concerned about traffic impact.

“The reporter was unconvinced by the traffic data provided by the appellant and stated that she would have requested more information had there not been other reasons for refusal.”

He claimed: “However, she was reluctant to fully acknowledge the obvious impact of all the developments under way or proposed around Musselburgh on reduced car parking capacity at the Tesco store.

“The society suspects that this may have been because another reporter had earlier endorsed the Local Development Plan which imposed all this development on the town.”

Mr Turner said: “Also of some concern for any similar application here in East Lothian or elsewhere in Scotland must be the fact that, although the reporter did address issues of safety for pupils from Musselburgh Grammar School accessing the restaurant, she said she was unable to consider the matter of those pupils being attracted by the close proximity of a proposed fast food outlet to the school and the implications for healthy eating.

“She acknowledged that the matter had been raised by many objectors but said there were no planning policies in place which would allow her to consider it.

“There is something amiss here. Given that obesity and healthy eating, especially for kids, is a key plank of Scottish Government policy, why is it not reflected in planning guidance? Planning is, after all, concerned with the general wellbeing of communities.

“If the reporter had not found other reasons to refuse the application, then permission would presumably have been granted without any consideration of the healthy eating implications for youngsters, in spite of the Government’s views on the subject.

“This case has revealed a worrying gap in the planning system and a lack of joined-up thinking on the part of the Government.”

Mr Turner added that he had brought the matter to the attention of the town’s MSP Colin Beattie so that it might be raised with his Parliamentary colleagues with a view to “plugging this gap in the planning regime”.

Mr Beattie said: “In light of the appeal, I did write my own objection to the drive-thru and, in doing so, I highlighted the anomaly between planning and healthy eating strategies set out by the Scottish Government.

“I appreciate Mr Turner’s concerns and I have written to the Scottish Government to ask how planning can be brought up to date with current thinking on healthy eating.”

A Scottish Government spokesperson said: “The reporter’s decision was based on the planning merits of the case, taking full account of the evidence submitted by parties including members of the local community.

“We are developing policies to promote healthier, more sustainable living, including by addressing links between planning, transport, place, food and drink, and other lifestyle choices.

“We expect to publish the draft National Planning Framework 4 for public consultation and parliamentary scrutiny later this year.

“Scottish planning policy highlights that delivering high-quality buildings, infrastructure and spaces in the right locations helps give opportunities to live more active, engaged, independent and healthy lifestyles.”

The decision was issued on July 22, so the six-week period to challenge the decision remains live.