"The council has got it wrong," said Matt Fordham, speaking for a 150-member Pt Chevalier residents group.
"It is inconsistent with the draft Auckland Plan which recommends Pt Chevalier should be a 16-to-18-hour business zone and now, as the plan is out for consultation, a planner recommends a 24-hour restaurant should be there.
"The council is saying the effects already being experienced - of customers parking up outside your homes, eating, drinking, littering, shouting and fighting, can be extended to 24 hours and have only a minor effect on you."
The restaurant and drive-through at present opens seven days a week, from 7am to 11pm Sunday to Thursday and 7am to midnight Friday and Saturday.
The abatement notice served on McDonald's on September 19 was to stop it operating unlawfully outside the hours of operation and times of delivery of goods and rubbish disposal.
The council's enforcement arm confirmed to the Herald that it investigated several complaints about out-of-hours trading.
Officers made two site visits in one week and found breaches both days.
A McDonald's spokesman said an investigation was carried out when the abatement notice was served.
The owner of the Pt Chevalier franchise, Mark Jenkins, said there had been "teething problems" with a recent change to truck delivery times, and trucks had arrived early contrary to instructions. He had also told rubbish collectors not to come before 7am.
The restaurant had opened early - without his knowledge - but people did show up at 6.30am expecting breakfast.
Mr Jenkins said extending opening hours would boost the business by 5 per cent and employ six extra staff.
About 70 per cent of its business after midnight would be drive-through and he had acted on complaints by enclosing speaker boxes at the order stations.
The commissioners will hear five submissions from residents tomorrow before making a decision.
