THE owners of a Christchurch café have been given the green light to take Dorset County Council to the High Court following a controversial planning decision last year.

Terry and Rose Kelly from Kelly’s Kitchen applied for a judicial review of the decision by the county council to grant itself permission for the extension of the neighbouring library in August.

The couple collected more than 15,000 signatures in support of their campaign against the application to extend the library into the High Street restaurant.

And now, their application has been given the go-ahead by a deputy High Court judge to proceed with the next stage of the judicial review – a hearing in the High Court.

Mr Kelly said: “We are very pleased that now that Dorset County Council’s planning decision will be examined by an independent authority and we hope common sense and fairness will prevail.

“We believe the county council should be continually assessing the best way to spend rate-payers’ money.”

A spokesman for Dorset County Council said: “We were naturally disappointed to hear of the judge's decision to allow Mr and Mrs Kelly’s appeal to proceed to the High Court. If the Kellys do decide to pursue a judicial review, we fully intend to defend the county council’s position.

“The fact remains that Christchurch badly needs a larger library, and we remain committed to the project.”

Dorset county councillor David Jones said: “As a county councillor I am very concerned that the county council officers do not seem yet to have recognised that we are in deep trouble.

“In my view the county council should not be spending any money it does not absolutely have to.

“It makes no sense at all to be wasting our money defending it.”