PLANNERS have defied public opinion to rule that a Winchester cafe is trading illegally.

However, Caff Nero will be allowed to remain open in the short term even though it does not have proper planning permission.

The High Street cafe opened in May 2003 without getting approval for the change of use from a shop to an outlet selling food and drink.

The council served an enforcement notice which Caff Nero has challenged and a public inquiry will be held on November 30.

The cafe has sought public support and gathered some 3,000 signatures on a petition as well as the backing of MP Mark Oaten and his Tory rival George Hollingbery.

The city council planning committee heard that allowing the cafe to flout the rules would set a dangerous precedent and open the floodgates to other traders.

Councillors criticised their own officers for not alerting them to what was happening.

Neil Baxter, committee vice-chairman, said: "I don't know how we've got into this mess."

Councillor Patrick Davies said: "I'm unhappy with making a decision today before a public inquiry. It makes us look like we're being vindictive against a thriving coffee shop."

Customer Susan Woodhead told the committee: "Having a coffee shop in town is a good thing. Closing it down would give the wrong image of Winchester."

Councillor Therese Evans said: "The timing is very unfortunate. The cafe is always full of young people and I regret we are in this situation."

But planning officer Sian Proudlock said: "If this is approved there will be other applications like this and then it will be difficult to refuse others."

The committee voted 13 to one to reject the application.

After the meeting, applicant Ben Price from Caff Nero said: "I think this is appalling. It's ignoring the 5,000 customers who visit the cafe and 3,000 who signed the petition."