UNDER THREAT: Graham Santos and Jacqueline Palmer outside Jacqueline's Diner on the A59 at Skip Bridge Picture: Garry Atkinson

A truckers' caf which has been on the same spot for almost four years is in danger of being closed down because of a row over planning permission.

Graham Santos, who owns Jacqueline's Diner at Skip Bridge, beside the A59 York-Harrogate road, is calling on the services of a planning consultant to fight an enforcement notice served by Harrogate Borough Council ordering him out by August 5.

He believes he has special rights because he has been on the site for nearly four years and has evidence of a diner being there since the 1980s.

The notice was served after a retrospective planning application was turned down last year because the temporary building, with a caravan canteen attached, was considered 'detrimental to the attractive rural character of the area'.

Mr Santos said: "We're talking about an area which has an Esso garage, a Little Chef and a disgusting mobile phone mast.

"And as far as how the diner looks it's not as bad as some I have seen and we're willing to paint it any colour the council want us to - we'll even paint trees on the side to help it blend in."

Planning consultant John Goodwin, of Carter Jonas, in Harrogate, is handling Mr Santos's case.

He said: "Our view is that the council has got it wrong for one fundamental reason.

"There has been a caf of some sort stationed on this piece of land since the 1980s and that, to my mind, gives them certain rights.

"Normally you would need planning permission to put a temporary building of this type on a piece of land, but if you've been doing it for ten years and the council hasn't said anything you have rights to stay there and I'm sure these rights should apply to Mr Santos."

Stephen Prosser, a solicitor with Harrogate Borough Council, said: "Mr Santos isn't being picked out on his own.

"The council is trying to follow its policies in an even handed way and he's not the only operator who has been told this sort of thing is not acceptable.

"The unit may have been there for a lengthy period of time as a caravan, but what is there now, in the council's view, goes quite a bit beyond that."

The appeal process is likely to take several months.

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