Planners have refused modifications to a private Home School due to a lack of access and "insufficient information".

The application, by Evan and Judy Smith of First Avenue, Devonshire, was for a second-storey meeting room for The Learning Express Academy, plus a playroom, toilets, new parking facilities, driveway, lunch area and perimeter fence.

In a retroactive application, they also sought permission for 'change of use' to create a Home School for 40 students.

The application was submitted after the Planning Department's Enforcement Section advised the school that it was operating without planning approval or a building permit.

But in a letter, the applicants claimed they had a standing request for Private School status for the past four years.

The Development Applications Board refused the application because "insufficient information has been submitted to enable a proper assessment of the proposal to be undertaken for compliance with the Bermuda Plan 1992 Planning Statement".

The Board stated: "Specifically, the submission does not include the number and ages of the children at the facility, the number of staff and the parking and access arrangements."

It also concluded that "the site is not easily accessible to a public road and therefore the development causes a material increase in traffic on the estate road to the detriment of the surrounding residential area, and the development of the site is injurious to the environment of the surrounding area by reason of appearance, scale of operation and noise".

The Home School, which also caters for special needs, drew opposition from residents in First Avenue, 23 of whom signed a petition against the plans.

In a letter to the Planning Department, one resident objected to "excessive traffic flow, the noise level and unruly behaviour".

Shawn Loving also complained of parents obstructing residents' access and teenagers hanging around in the street.

"In my opinion this school does endanger the health, morals and safety of the pupils," he said.

The applicants however, claimed all the children were registered with the Department of Education, except for those starting in September.

Since the closure of the nursery, the school teaches 50 children, aged seven to 17, with five degree-educated teachers.

The Smiths said their original school in Shelly Bay had to be relocated after the site was "devastated by Hurricane Fabian".