The owner of popular beachside cafe Yelo has won his battle with the City of Stirling, which accused him of breaching planning rules by accommodating his throng of customers.

The cafe, overlooking the northern suburbs coastline, has become a favourite local haunt since it opened seven years ago, with queues regularly stretching out of the door.

But that success has not been welcomed by all, with residents near the West Coast Drive outlet complaining customers parking on the road and nearby verges cause intolerable congestion.

Those complaints led the City of Stirling to first investigate soon after the cafe opened in 2009 — and eventually launch a prosecution years later which finally reached court last year.

Today, magistrate Richard Bayly said the council had been confused about what it had approved the cafe to do — having agreed to allow 20 seats on a verandah outside, but then saying they were not allowed seating inside.

Magistrate Bayly said while the cafe could be “overcrowded” that did not in itself mean they were breaching the rules.

He acquitted owner Michael Pond of the charge and ordered the council to pay costs, which came to just over $33,000 after the five-day trial.

The council had claimed the cafe breached planning approval first enshrined for the premises in 2003, which allows service of takeaway food and drink only, and restricts seating to 20 on the al fresco verandah.

And at a trial last year, planning officials told Magistrate Bayly that covert inspections had shown people staying for up to 45 minutes to drink coffees and eat organic fruit toast or bircher muesli — with seating for about 55 provided inside the premises.

Camera Icon The court said while the cafe could be “overcrowded” that did not in itself mean they were breaching the rules. Credit: WA News

Mr Pond argued he had constantly complied with the planning approvals — only serving food and drink in throwaway containers, and never at tables, or with plates, knives and forks.

Experienced barrister John Prior said no mention was ever made in the planning approvals of how much seating was allowed inside the cafe, meaning Yelo had never actually breached the rules.

An application in 2012 by Mr Pond to amend the planning approvals to officially allow more seating was rejected by the council, which also said the cafe was not permitted to sell retail items such as thongs, books, surfboards and wetsuits.

The court also heard council officials had ordered the cafe to remove signs they had provided pointing customers to a public carpark 80m away at a nearby dog beach, even though they were designed to alleviate the parking problems.