A LEGAL battle to prevent an Oxford restaurant using a riverside pontoon has been lost.

The High Court, in London, has ruled that Aziz Pandesia - formerly Aqua Vitae - at Folly Bridge can use the pontoon, overruling Oxford City Council and a planning inspector.

The legal battle centered around complaints from those living near the restaurant about noise.

In his final judgement, delivered on Wednesday, Deputy High Court Judge George Bartlett said: "I am satisfied that any harm to local residents could be sufficiently overcome through the imposition of conditions, bearing in mind the extent to which, in any event, the use of the pontoon would be subject to the uncertainties of the weather."

The city council was ordered to pay costs of £10,000.

The authority applied for leave to appeal, but this was refused.

City councillor Bob Price said: "The residents of Shirelake Close will be disappointed, as they have suffered over many years from late evening noise and light pollution problems.

"However, we have had assurances from Mr Aziz, who now runs the restaurant, that he will observe the permitted times for the use of the pontoon and will rigorously control any noise problems."

In 2004, residents living close to the restaurant celebrated after city planners rejected an application to allow diners on the pontoon.

But in 2006, the decision was overturned when a government-appointed planning inspector found in favour of the restau- rant.

The city council chose to fight this in the High Court - this week's case.