Under planning law, schools, together with colleges, universities and hospitals do not require planning permission to put up buildings or extensions as long as they do not exceed set space restrictions.
The ruling is the first of its kind to determine that a nursery cannot be counted as a school.
Jonathan Buckwell, director of planning and transport consultancy DHA, told Nursery World that the case has implications for the future as it sets a precedent, meaning the ruling could be applied to other similar cases.
Bright Horizons applied for planning permission to install two linked portable cabins within the grounds of its Watford Day Nursery and Pre-school in January 2017. However, the nursery group installed the cabins on the grounds that the nursery counted as a ‘school’ so was therefore exempt.
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