"it would have to be demonstrated that the business was having a significant detrimental impact on the neighbours such as noise, traffic and congestion, before the court would enforce such a covenant by an injunction"

Please could you tell us what evidence the neighbours/TLERA have that proves the nursery is having a detrimental impact on the neighbours?

Were these concerns not monitored by the council before panning was approved? they can't have been as bad as your making out!

Most of the residents that I have spoken to were unaware the nursery was even there! some of these properties practically backed onto the nursery.

One resident that I spoke who's house backs onto the nursery told me that they would not approve of any nursery opening up on the hill due to the noise that would be generated by the children. When I informed them that the nursery had been open for the past 2 years they seemed surprised! they thought we were seeking planning to open one. Surely this proves my point that the level of noise that is being claimed to be generated has been greatly exaggerated?

I woud like a general meeting to be held by the TLERA to see if we could not all come to some agreement with the owners of Piplings and the neighbours, there must be a way of dealing with this with out going through the courts.

TLERA why did you not contact all members of the association before backing actions against the nursery using this outdated covenant?

There is also a music teacher who gives lessons up from the nursery, should we be stopping her from working from home. Cars dropping the children of and collecting from lessons, noise!!! etc... how far do we go with this, lets not forget that Piplings have got planning permission and the neighbours concerns were taken into account at the time.