PLANNERS have backed down over opening hours at a North-East restaurant after fears that an international fast food chain would take legal action.

Despite objections from some members of Darlington Borough Council planning committee and from residents nearby, KFC will now be able to open its £1.1m branch on Yarm Road retail park, which is under construction, from 7.30am to 11pm, seven days a week.

However, when planning permission was granted for the development, the planning committee restricted opening times to 11am to 8pm, Monday to Saturday, and 11am to 5pm on Sundays, to protect residents' amenity.

The firm has applied to extend these times, and said that without the extra hours, the branch was not viable, as it would miss out on peak business times.

Planning officer Adrian Miller told the council that 40 to 45 jobs would be created at the branch and the trading times were acceptable. He recommended members approved the changes.

But Councillor Ian Hazeldine said: "Commercial viability does not sit well with quality of life for residents in the area.

"Do jobs really count that much when you consider the quality of life for residents. We want jobs in Darlington, but at what cost?"

However, the chairman, Councillor Frank Robson, reminded members: "If we turn this application down, there is no doubt about it, KFC will appeal and the whole weight of that organisation will be thrown against this council.

"If we vote against this, I think it could be very costly for this council, because the officers' recommendation has been that we should accept this."

Councillor Charles Johnson agreed, and said: "I think we have to deal with this by looking at access into KFC and the sound screening between the premises and McMullen Road.

"We cannot just reject this, because it will come back on us with a much bigger problem."

Members voted in favour of extending the trading hours.