A HOUSE in Golders Green has been refused permission to continue operating as a school by planning chiefs.

Beis Hamedrash Elyon school, in Golders Green Road, has been in used to teach children aged ten to 15 from the Jewish Orthodox community for more than five years, despite never being granted permission to set up.

The Government Planning Inspectorate dismissed an appeal in 2006 against a Barnet Council decision not to allow the school to remain and ordered the closure of the school within 11 months.

The owners of the semi-detached house have since failed to comply with the decision, but had their latest application to retain the property as a school rejected by the Finchley and Golders Green area planning sub-committee last week.

A 19-page document submitted at the meeting recommended the continuation of the school means “the loss of housing accommodation to the detriment of the supply of housing in the borough”, and said the site “by reason of its nature, results in increased activity, noise and disturbance which causes significant harm to the amenity of neighbouring occupiers”.

An Ofsted report in 2007 said “progress made by pupils in secular subjects is inadequate” and branded the overall quality of education as “inadequate“. Eleven objections were received during a consultation on the planning application.

But the council also received 82 letters in support of the school, including 29 from students and eight from rabbis in the community.

They highlighted the central location and a pleasant and relaxed atmosphere as some of the reasons why it should be granted permission, but those arguments were dismissed at a vote by four councillors to three.

One man who opposes the school, but did not want to be named, said: “After all these years, I hope the council now finally enforces its decision.

“It is complete nonsense that a school can carry on like this.

“Other people are forced to accept the rules and regulations, but there seems to be a reluctance to deal with this.”

A council spokesman said: “The inappropriate development is a material breach of planning control and it is considered that there is a compelling need to effectively uphold planning control.

“The council may now seek to serve an injunction which would seek to close the use of the school at the end of the summer term allowing sufficient time for the parents of the pupils to find alternative school places for September 2009.”

The school now has the right to make a judicial review against the decision and that would take a number of months to be heard.