Campaigners fighting to preserve a piece of seafront land as open space have vowed to fight on after suffering a serious blow.

A high court judge has today (Tuesday) refused the Whitstable Society permission to continue with its legal fight against Canterbury City Council's decision to sell the Oval Chalet site opposite Reeves Beach in Whitstable.

But Graham Cox from the Whitstable Society said they are planning to appeal.

He said: "Judges only have a short amount of time to go through the papers and its normal for a simple appeal to be launched.

"For anyone to imply this is a final decision would be grossly misleading."

Protesters are furious the council sold it for £160,000 to Sea Street Developments claiming it would eventually be worth £6m.

They also said the land was given to the town to be used as open space and they object to the developer's plans for holiday homes, shops and a public piazza.

In his judgment, Mr Justice Hickinbottom says the proposed claim for a judicial review of the council's decision is out of time and that the Whitstable Society did not put forward a good reason for what he describes as a “substantial” delay.

He also notes that the rights of a third party, the developer, are affected, and states that he is “unconvinced that the claimant has arguable merits”.

Elsewhere in his finding, Mr Justice Hickinbottom says the Whitstable Society’s evidence that people could walk over or play on the land is “quite insufficient” to make an argument for open land, making the central point of their claim “unarguable”.

The judgment also requires the Whitstable Society to pay the council’s costs of preparing its acknowledgement of service.

City council chief executive Colin Carmichael said: “We are pleased with the judgement, which vindicates our decision to contest the claim for judicial review by the Whitstable Society.

"The judgment is clear that even if the claim had been made in time, there would be insufficient grounds to allow the claim to proceed to a judicial review.

“We have said throughout that our legal advice was very clear that we had entered into a binding contract and that we could not change the decision that the previous council made to sell the land.

"We acknowledge this was not a popular decision with some people in Whitstable, but it was properly taken and the correct procedures were followed.”

The council’s planning committee is due to make a decision on the planning application for the Oval Chalet tonight (Tuesday).