A restauranteur is incensed that Harrow Council is mounting a High Court bid to block his plans to convert a former antiques shop iin Hatch End into a restaurant.

After a planning inspector upheld his appeal against the council's refusal of planning permission for the conversion of the Uxbridge Road shop, Andy Surace was stunned to learn that the council had won the right to have the case heard by the court.

Mr Surace, 53, who already owns Italian restaurants Fellini and San Marco, also in Hatch End, and Canaletto, in Pinner Green, said: "This is all very upsetting and has cost me a lot of money, not to mention what it will cost the taxpayers when the case goes to the High Court."

It is estimated the case will cost the council about £50,000, but on Tuesday evening the cabinet refused to accept a question tabled by Berjis Daver of Harrow Council Tax Campaign to elicit the true figure.

Council leader councillor Archie Foulds said the issue was to be discussed in secret in the session of the meeting from which the public is excluded and the question was, therefore, banned under the Local Government Act.

The problems started over a year ago, when Italian-born Mr Surace had his original planning apllication rejected. Undeterred, he appealed and a Government inspector gave the green light to his plan. But the council, which has strict policies on the number of restaurants allowed in certain areas, decided to launch the High Court action.

A council spokesman said: "There are already a large number of restaurants in Hatch End and the council is concerned the inspector's decision could set a precedent that could upset the economic balance of the area."

This balance is determined by the council's Unitary Development Plan which allows no more than 30 per cent of shops in any area to be restaurants.

Mr Surace, who opened his first restaurant in Hatch End 20 years ago, is angry at the council's inflexiblilty.

"When I opened Fellini in 1984, it was one of the first restaurants in the area, but times have changed," he said. "We live in a society of supply and demand and there would not be so many restaurants if people didn't want them.

"The council should be proud of me and encourage all small businesses regardless of their nature. I have no idea why they are so against the idea."

Neither does his solicitor, former Hatch End councillor Johnathan Koskey, who expressed suprise at the council's "unsual behaviour".

"Fundamentally, there is no problem because the premises would keep a retail frontage, with the restaurant at the back, and be classed as a shop."

But Anne Swinson of the Hatch End Association said: "Our concern is for the residents of Grimsdyke Road, which runs off Uxbridge Road. A restaurant on that corner would exacerbate parking problems.

"The same site was twice refused planning permission in the 1990s. There are too many restaurants here and not a great variety of shops."

The case is on a special "warned list" and could be heard at any time.