A French restaurant owner has lost his war against planners and been given five months to tear down his garden room extension.

Rosario Guarneri, 48, who owns Le Petit Pain, in Church Road, Hove, has been fighting to keep the extra space for his shop and restaurant for three years. But he has been told to take down the unlawfully-erected extension or face fines of up to £20,000.

Brighton and Hove City Council has the power to take down the structure and charge Mr Guarneri for any work if the extension is still there by November 22.

He claims he will have to sack at least four staff and consider whether it is viable to keep the caf.

He said: "I am very disappointed. All I want to do is provide somewhere in Hove where people can come and eat my French food.

"I have made a feature out of what was a yard when I arrived. I have landscaped it and spent £3,000 on paving. Now I am being kicked in the teeth.

"I employ staff, contribute to the local economy, organise charity events and have created a nice structure which is better than an open yard full of junk.

"There is an electricity sub-station and an ugly multi-storey car park nearby, yet I cannot have a nice extension which is popular in the community and with council staff."

His premises form the ground floor of a four-storey Victorian building with sash windows, which has Grade II-listed status in a conservation area.

The Planning Inspectorate in Bristol has said the 40ft extension, which seats 20 customers, must come down. It follows Mr Guarneri's appeal against a listed-building enforcement notice issued by the city council.

Planning inspector Roger Dyer said: "The extension is in stained, rough-sawn timber with a corrugated perplex roof. The materials alone affect the character of the building, quite apart from the horizontal emphasis of the extension. It bears little relationship to the listed building."

Mr Guarneri said he erected the £10,000 shelter so people could sit outside and claimed it was a temporary structure.

He did not apply for planning permission and attempts for retrospective permission were turned down. A spokeswoman for Brighton and Hove City Council said: "It is a criminal offence to erect an unauthorised structure on a listed building."

June 27, 2005