Parish nursing home set up without planning permission.

Puisne Judge Mr. Justice Meerabux granted an injunction last Friday against the home's operator, Mrs. Judith Smith-Tweed.

The action was brought by lawyer Mr. Carlsen Philip, representing part-owner of the property, Mrs. Alma Cholmondeley-Daniels.

Other owners of the property off Spire View Lane are Mrs.

Cholmondeley-Daniel's brother and sister.

Mrs. Cholmondeley-Daniels has argued the building was rented to Mrs.

Smith-Tweed by her brother through a private deal. Neither she nor her sister were party to that agreement.

"My biggest concern is for the safety of the patients. We have innocent, elderly people who aren't aware the home does not have planning approval and health department approval. I feel their safety is at risk,'' she told The Royal Gazette .

She added the swimming pool, for instance, could present a danger.

Mrs. Smith-Tweed, unit coordinator at the dialysis department at King Edward VII Memorial Hospital, moved into the four-bedroom peach property at the end of October.

Yesterday, Mr. Philip told The Royal Gazette the injunction was sought to restrain Mrs. Smith-Tweed "from trespassing and conducting a commercial business for the elderly''.

He claimed Mrs. Smith-Tweed was in violation of the Planning Act 1974.

And under this alleged breach his client, as part-owner of the property, could be liable and fined up to $25,000.

Mr. Philip said further legal action would also be taken, claiming damages for alleged mental anguish.

"My client has been put under mental stress because the property is adjacent to a swimming pool and one of patients has been known to wander about. This could have exposed my client to civil liability.'' Mr. Philip said Justice Meerabux granted him and his client "injunctive relief'', without the other side present.

Meanwhile, Golden Serenity is under pressure to close down from the health department.

Chief Medical Officer Dr. John Cann said the operator had been given 25 days to find alternative accommodation for the patients -- and the deadline had now passed.

But an extension had been granted to allow Mrs. Smith-Tweed to complete the process.''