THE owner of a town centre coffee shop is set to do battle with council chiefs again.

Ian Finch, who runs Puccino's in King William Street, Blackburn, was refused permission to remove a clause in his planning conditions which states his business can only trade for as long as he is in charge.

This effectively means he cannot sell his business -- set up using redundancy money -- as a going concern when he wants to retire.

The snub by planning councillors at Blackburn with Darwen Council came two years after they backed down, in the face of massive public pressure, on action to shut Mr Finch down after he opened without the correct planning permission.

His shop was not authorised for 'cafe' use, only 'shop' use -- even though most councils do not differentiate.

At a planning meeting in June this year, councillors decided not to withdraw the clause because they felt the cafe should become a shop again when Mr Finch, of Barrowford, retires.

Now he has begun appeal action against the council's decision.

He has lodge papers with the planning inspectorate, a department under the control of deputy prime minister John Prescott.

A meeting of Blackburn with Darwen Council's planning and highways committee will be told tonight the council is now waiting to hear when the planning inspector deciding on the appeal will visit the area.