A Hamilton school has won an appeal which will enable it to expand its rolls.

Woodmont Nursery school can now go-ahead with plans to construct two extra classrooms at its site -- at the corner of Cedar Avenue and Dundonald Street West.

It will mean the school -- which accommodates two-and-a-half year olds to five year olds -- can take in an extra 15 children.

The Court of Appeal dismissed an appeal by the Corporation of Hamilton against the Minister of Environment, who granted planning permission for the scheme, and school owner Dorothy Billings.

In the Supreme Court, Puisne Judge Vincent Meerabux ruled the appeal failed on several grounds, even though the proposed development would encroach on to a 15-foot road allowance along Cedar Avenue.

During the appeal hearing last month, the Corporation of Hamilton had argued that the classrooms would infringe on to the 15-ft space that exists between the road and the buildings.

In doing so it would lessen the void that exists should the Corporation wish to extend the road.

They also appealed on the grounds that the extension could have been accommodated elsewhere on the site and that the Minister failed to have any or sufficient regard for the City of Hamilton Plan 1984.

Planning permission for the plan was originally granted last May.

The appeal was lodged shortly afterwards and the Minister of Environment allowed the decision of the Development Applications Board. The Corporation of Hamilton then appealed to the Court of Appeal.

Mr. Justice Meerabux dismissed the appeal on all grounds and ordered that both parties should pay costs.

After the hearing, school owner Dorothy Billings said she was pleased the extension could now go ahead.

Corporation of Hamilton Secretary, Roger Sherratt, said they were disappointed with the decision but said it was too early to say whether or not there would be an appeal on the decision.

"We will be reviewing the judgement very carefully to see what our next course of action might be,'' he said.

PLANNING PLN