A Charedi school in Stamford Hill which is rated good by Ofsted is battling against a council order to vacate its premises because of the impact of noise on neighbours.
Hackney Council says Talmud Torah London (TTL), an independent school with 89 boys from five to 13, did not have planning permission to use the site as a school.
In April, a legal challenge brought on behalf of two pupils against the independent Planning Inspector’s decision to uphold the council order failed in the High Court.
But an appeal has been made to the Court of Appeal in an effort to stop the school being forced out of its premises next January.
The council has twice refused retrospective planning permission to the school, which opened on the site six years ago.
In her ruling, High Court judge Mrs Justice Lieven noted that there was “no dispute that there is a significant shortage of school places in the area for Charedi children and that this has been a longstanding issue”.
There were two schools “in close proximity” to TTL , both of which materially impact on the noise environment.
In her report, the Planning Inspector said neighbours had consistently complained to the council about “noise/disturbance, light pollution and loss of privacy in connection with the use of the school.
“Noise nuisance is resultant from the use of the playground by children when the school is open, including balls being continually kicked against the playground’s timber fencing and from the use of the fire escape staircase.
“In addition, there is significant use of megaphones, public address systems, and whistles by staff to control the children throughout the day. The school bell also rings every half hour.”
Residents who lived next to the playground had told the planning inquiry that they “have had to change the way that they occupy their homes since the school opened. They can no longer work from home in the rooms at the back of their house during the day, nor sit in the garden when the school is open, due to the noise and disturbance which is incessant,” the inspector reported.
She had no doubt that the noise generated by the playground had “a harmful impact on the living conditions of neighbouring residents, who have a reasonable expectation to some peaceful enjoyment of their home and garden.”
The inspector suggested that TTL could apply for planning permission elsewhere or seek it for a smaller school on its current site.
Mrs Justice Lieven ruled that the inspector had been “entitled to take into account the level of the noise and the fact that the school use was taking place on Sundays and Bank Holidays when local residents could expect respite from the noise”.
Solicitors Leigh Day who are acting for the children, told the JC: “We have filed an appeal to the Court of Appeal on behalf of two Charedi children, arguing that the High Court did not properly grapple with the human rights impacts of the government’s decision to allow planning enforcement action to proceed against the school.”
A council spokesperson said; “This administration is clear that all of our children must be able to learn in a safe, supportive environment that allows them to shine. Young people in the Charedi community are no exception.”
The council would awaited the outcome of the appeal before commenting further, the spokesperson said.
“Our education and property teams are working to look into the needs of this particular school community, and explore all options that prioritise the children and their education, alongside planning requirements."
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