Bath & North East Somerset Council says that plans for the Shell petrol station in Radstock to open round the clock are lawful.
Motor Fuel Group Ltd applied to the council for a Certificate of Lawful Development for the proposed 24-hour opening of Elm Tree Filling Station on the A367 Wells Road.
The company said there was “no evidence” that opening hours were restricted when planning permission was granted for the filling station.
Council planners agreed, saying in their report: “A review of planning history has revealed a condition which specifically limits the time for the use of the car wash and jet wash facilities.
“There is however no condition which limits the times of use for the petrol filling station.”
They added: “It is therefore considered that the times of use of the petrol filling station is not controlled by planning condition.”
It can therefore operate lawfully for 24 hours without the requirement for planning permission.
