THE owners of Kelly’s Kitchen in Christchurch have mounted a High Court challenge against Dorset County Council’s decision to grant itself planning permission for a library extension onto Kelly’s Kitchen premises.

Members of the county’s planning committee approved the controversial proposals in August despite widespread opposition from local people and Christchurch Borough Council.

However, proprietors Terry and Rose Kelly have sought counsel’s opinion, which says the planning decision was unlawful.

It means that far from being over, the battle to save Kelly’s Kitchen may be heading for the High Court.

Mr Kelly said: “It’s not over till it’s over and we are fighting on, not least because of the massive public support we have had. It has kept us going.”

Solicitor Lionel Fynn said that judicial review proceedings have started.

The legal challenge is based upon three grounds which include the council not considering alternative schemes, despite being instructed to do so by its own planning committee, as well as not considering whether the scheme was actually needed with the final reason being that the decision was unreasonable.

This is the second challenge on the issue after the county granted itself permission for the scheme in April 2008, but this was quashed by the High Court on appeal because it did not comply with town and country planning regulations.

Mr Kelly added: “It is quite clear there are viable alternatives which would not involve losing Kelly’s Kitchen.

“Also, even some members of the planning committee were doubtful that the proposals would achieve what the library service was hoping for and that there was still scope for compromise to retain the cafe.

“It just seems that some people at County Hall are determined to push this proposal through in the face of incredible opposition in Christchurch. We are equally determined to fight and if that means in court, then so be it.”

A spokesman for Dorset County Council was unavailable for comment.