A popular Hintonburg diner has hit another obstacle in trying to open an outdoor patio.

"It's sad for me, it's sad for my staff, it's sad for the community, it's sad for the city of Ottawa," says Wellington Diner owner Jeff Frost.

Frost has faced a lengthy battle to get approval for a small, 24-seat patio at the diner on the corner of Wellington St. W. and Western Ave. He's faced constant opposition from neighbours in the area, concerned about noise.

In July, Frost got approval from city council to build the patio, something the previous owners of the establishment hadn't been able to do for 20 years. He spent close to $20,000 pouring concrete, buying furniture, getting a liquor license and building a sound proof wall.

But on Friday, Frost was informed by the city that someone had appealed the approval to the Ontario Municipal Board. It was the last day someone was able to appeal the decision.

"We think it was a tactical move by our neighbours to shut the patio down on the last day and obviously kill the patio season that everyone wants," says Frost.

Customers at the Diner are frustrated by another delay.

"This is not right, this is not fair and I really feel he should have his outdoor patio," says longtime diner Catherine Barrette.

"This is an institution that we're sitting in. People love it, they have the lineup, and they do it happily," says another. "You have families, three and four generations here. It's a very responsible business and I hope that common sense will prevail."

The patio has faced a lot of opposition. In June, CTV News spoke to neighbour Gena Green. Green lives beside the diner and is adamantly opposed to the patio. On Saturday, Green's wife confirmed it was the couple who submitted the appeal to the OMB, but wouldn't do an interview.

Other neighbours are more receptive.

"They're even opening until 9:00 at night, so that sounds like it's not going to be a noisy evening or late night," says Doris Dean, who's lived close to the diner for 70 years.

"I think it's a great idea."

Another customer is upset with the number of hurdles Frost has had to go through to get the approval for the patio.

"It's really unfortunate...appalling, when local representatives of the people make a decision which is in the best interest of the broader area, and then it gets appealed to a higher level," he says.

Frost has been told by the city it could take up to four months for the OMB to hear the appeal, meaning the entire summer is likely lost to open the patio.