CHRISTCHURCH taxpayers narrowly escaped the burden of heavy court costs after the council's prosecution of a quayside restaurant was dismissed by a district judge.

Despite failing to make a case against the directors of the Boathouse over the failure to remove a large umbrella on the restaurant terrace, Christchurch Borough Council luckily avoided having to pay up to £30,000 of court costs at Bournemouth Magistrates Court on Tuesday.

Solicitor Lionel Fynn, who represented the Boathouse directors, said the council had acted maliciously in bringing the prosecution, explaining that putting up an umbrella did not contravene the precise wording of a previous enforcement notice, which had specifically referred to canopies and awnings.

He said the umbrella was an entirely different matter to what was explained in the original notice, adding there was therefore no case to answer.

District judge, Roger House who ruled on the proceedings on Tuesday, said the Boathouse directors had fulfilled what was asked of them in the original notice and agreed the prosecution had failed to make a case.

In a statement released after the hearing, Lionel Fynn said: "What Christchurch Borough Council have done is to prosecute two hard-working individuals and their operating company for putting up an umbrella to keep customers out of the rain.

"A criminal prosecution for putting up an umbrella! It beggars belief.

"If they had seriously wanted to investigate the rights and wrongs of the umbrella from a planning point of view, there are planning procedures for doing this.

"Instead they have forked out on a senseless, unnecessary, and ill considered prosecution and the taxpayer has to pay for it."

Peter Woodcock, solicitor for Christchurch Council, said: "We are disappointed with the judge's decision as it seems the case was lost purely on a technicality.

"The council still considers that this form of development in this location is inappropriate and this reflects the view of the planning inspector who looked at the original, similar awning.

"We will be considering the best way of proceeding with the intention of having the awning removed in the longer term."