A well known local businessman has lost his appeal to keep the estate agency he runs in Abergavenny town centre open in it present premises, despite overwhelming support from fellow traders.

Philip Christie, director of Surehomes estate agents in Cross Street first appealed against an enforcement notice by Monmouthshire County Council which alleged that he had failed to obtain planning consent for change of use from a mobile phone shop to an estate agency.

When that failed, he took his appeal to the planning inspectorate in Cardiff, which upeld Monmouthshire County Council's decision.

In his report, published on August 28, planning inspector Hywel Wyn Jones, says that the main issue of concern is the effect on the vitality and viability of the town centre.

"The site lies within an area designated as a primary shopping frontage," said Mr Wyn Jones.

The inspector did acknowledge that the contribution an estate agency makes to the vitality and viability of a town centre differs from some other A2(office) uses and that Surehomes is the only estate agency within upper Cross Street.

However, his report said, "I conclude that, having regard to the local planning strategy, the scheme undermines the primary shopping frontage and thereby harms the vitality and viability of the town centre."

Mr Christie has always disputed the enforcement, branding it "ludicrous" and says he has had the support of several nearby businesses who have support him and written letters to the planning appeal.

" It goes to show that Monmouthshire County Council is not interested in supporting businesses in the area. Since we opened we have had people popping in, stopping to view the window displays - we are busy. This is on the basis that one person contacted the council saying that our premises were using valuable retail space.

"Everyone I've spoken to locally is wondering what an earth the council is playing at, they are quite happy to bend the rules when they want to. In this difficult economic climate it could be detrimental to any local business and the people employed within it."

Originally Mr Christie was told he had six months to comply with the terms of the order, but this was later extended to nine months meaning he now has at least until the end of May 2009 to move premises. Mr Christie confirmed that he currently looking at alternative premises within Abergavenny.

He stresses that it is very much business as usual at the agency and says the decision will have no impact on the level of service provided by Surehomes.

"The sole reason for refusal was that the council considered there are too many non retail premises on Cross Street, despite the fact that they had breached their own, already exceeded guidelines by allowing change of use from mixed A1/A3 use (retail / cafe) to sole A3 (cafe / restaurant) on a nearby premises as recently as last year. Going back a few years ago the council itself created a One Stop Shop in a former retail outlet."

Mr Christie says there had been no complaints to him from the public. "We have received nothing but praise for how nice the shop looks and how we actually improved the area. It's another example of MCC just not listening to common sense. It appears that the council is happy for businesses to shut and for further premises to remain empty, adding to the already high number of empty premises in the town. It seems that the council and is not interested in supporting businesses in town, they bulldoze through decisions."

While Mr Christie admits breaching the planning rules in the first instance, he said it was a genuine oversight."

"While the inspector did visit the town, as far as I am aware he didn't speak to any of the traders in the vicinity."