Council manager central resource consenting and compliance Mark White denied any "glee" said the council had tried to resolve the matter.
A traffic engineer looked at pedestrian safety and a planner visited to explain the need for a consent.He was "fairly comfortable" that a consent application would be granted.
A complaint to the council that outdoor seating next to a pedestrian crossing was a safety hazard was not upheld.
However, it turned out that though the premises had been a chemist shop, the District Plan zoning required a consent for a cafe, in order to make sure it did not cause ill effects, such as traffic safety issues.
"We did not force them to remove it," said Mr White.
"We suggested they either take the seating away or they apply for resource consent to get it regularised."
Mr White said the operator promised to apply for a consent next week and because it seemed that requirements could be met a $1500 fee would apply.