THE owners of a Christchurch cafe have failed in a High Court battle with Dorset County Council.

Yesterday’s hearing in London marked the latest stage of a long-running fight by the owners of Kelly’s Kitchen to keep their business open.

Terry Kelly and his legal advisers were trying to overturn planning consent granted by the council to itself to extend Christchurch library.

The £2.5m plus refurbishment and extension of the library – which county bosses say is too small for the needs of the town – would mean the closure of Kelly’s Kitchen.

More than 10,000 people signed a petition calling on the council to rethink the proposal and allow the cafe to stay open.

Mr Kelly and his wife Rose, whose lease ran out in 2003, always maintained the planning decision was unlawful.

The challenge was based on three elements which included the council not considering the alternative scheme, despite being instructed to by its own planning committee, as well as not considering whether the scheme was actually needed. They also claimed the decision was unreasonable in law.

Despite Dorset County Council facing a £48.6m funding shortfall, they say the plan remains in their capital programme.

After the case, solicitor for Mr Kelly Lionel Fynn said: “Naturally we are disappointed at the judge’s decision. It was a very long judgement and we will be studying it carefully to see if there are grounds for appeal.”