MOVES to build a community cafe on Bolsover St by Margaret Strelow had another brick wall thrown up yesterday.
Judge Baulch in Townsville yesterday ruled against an application by Mrs Strelow to allow a portion of her community café plan to go ahead immediately.
Mrs Strelow recently made the application to move forward on the takeaway and cafe elements of her project.
She made the application after a decision by the judge in May which ruled the project to be re-advertised as original advertising was found deficient under the requirements of legislation.
Mrs Strelow said only the community rooms triggered public notification, according to legislation requirements.
Mrs Strelow said her own barrister believed she had a good case.
While she admitted there were a few technicalities which influenced the judge's ruling, she said no town planner outside of council which had seen the plan had found a problem with it.
But she said the Rockhampton Regional Council lawyer who appeared in the Planning and Environment Court yesterday had been briefed by council's town planners.
Despite this latest ruling, Mrs Strelow said she would not back down.
But Mrs Strelow said she would have to decide what her next step would be - whether to abandon the project to help the needy which is so close to her heart, or push ahead.
"I will not be intimidated by this," she said. "But I will have to think about it."
Gerald Dammer, Ken Hay and Adam Hatswell were three of the men determined not to see the cafe built near their businesses after councillors approved it, despite council's town planners recommending it be refused.
Even after sinking more than $30,000 of their own money into legal fees, the businessmen have said they would also stand firm.
Mr Dammer said he worried the cafe would bring homeless people to the area which might endanger local children and an elderly woman living nearby.
Judge Baulch's ruling has effectively placed the cafe back to square one.
If Cr Strelow chooses to pursue the plans for her cafe she will have to advertise the project and take it before council again.