A PLANNING battle between the council and a Stockton Heath restaurant over a retractable roof is set to rumble on until September.

In April planning officers served Piccolino, on London Road, an enforcement notice ordering it to remove its first-floor roof featuring two parasols due to it being installed 'without permission'.

But the Italian establishment, which reopened last July following a refurbishment, said it was 'convinced' the structure did not require planning permission.

Bosses also confirmed they would be fighting the notice and an appeal was lodged.

The authority has set out the appeal process ahead.

A spokesman said: "An enforcement notice was served on the property requiring the removal of the ricci parasols in April.

"The notice has been appealed and we are currently in the process of preparing and exchanging statements for the appeal, which will be decided by an inspector appointed by the planning inspectorate based in Bristol.

"If the inspector allows the appeal this grants planning permission for the retention of the parasols.

"If the inspector dismisses the appeal this would uphold the enforcement notice which requires the removal of the parasols within 42 days of the date of the decision, or any other such period prescribed by the inspector.

"The decision is expected in September."