approval -- sparking fears for the safety of its patients.

The Royal Gazette understands Golden Serenity has also been running without health department approval.

And now health chiefs have told operator Mrs. Judith Smith-Tweed to find an alternative home.

In addition, moves are under way to slap an injunction on the home, forcing it to move.

The property off Spire View Lane is owned by Mrs. Alma Cholmondeley-Daniels, and her sister and brother.

It was left to them following the death in October, 1994 of their mother, Mrs.

Milton E. Cholmondeley.

Until Mrs. Smith-Tweed, unit coordinator at the dialysis department at King Edward VII Memorial Hospital, moved in at the end of last month, the four-bedroom peach house was vacant.

Mrs. Cholmondeley-Daniels told The Royal Gazette the property was rented to Mrs. Smith-Tweed by her brother through a private deal.

Neither she nor her sister were party to that agreement.

In fact, she would have strongly resisted any move to turn the property into an old folk's home without alterations.

"I am the sole executor of my mother's will, and own furniture and appliances in the home. I don't like the idea of them being used without my permission,'' said Mrs. Cholmondeley-Daniels, a fitness instructor, who lives opposite the home. "Any decision to rent should be made by all three of us -- myself, sister and my brother.'' Mrs. Cholmondeley-Daniels said Mrs. Smith-Tweed's rest home had moved to Sandys from Warwick.

"She moved in on October 30,'' she said. "I think there are between nine and 11 old folk in the home.'' She stressed: "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.'' Mrs. Cholmondeley-Daniels said the swimming pool, for instance, could present a danger.

"It is at the side of the building, and is not closed off.'' She added: "The house as it stands is not conducive to looking after elderly people. It is a one-level house and there are major changes which have to take place.'' Mrs. Cholmondeley-Daniels pointed out that planners had already turned down an application to convert the property into a home for the elderly.

"The application was not submitted by Mrs. Smith-Tweed, but it clearly shows the property, as it stands, is not appropriate as a nursing home.'' The Royal Gazette has obtained a copy of the Department of Planning's reasons for refusal.

Dated October 19, and signed by a Tania Stafford, it raises concerns about parking.

"I note from visiting the site that the adequate provision of parking and on-site turning space may prove problematic on this site.'' It continues: "The submitted floor plan does not appear to be an accurate reflection of circumstances existing at the site.

"As submitted, I note that only a single bathroom is indicated. Additionally, that bathroom is not designed to be easily accessible for wheelchairs. I do not consider that this constitutes proper facilities for the use proposed.'' The letter concludes: "In its current form the application is inadequate and cannot be assessed.

"I strongly urge you to seek the assistance of a professional agent to provide the information requested above.

"In the assessment of applications for social development the Board must be satisfied that the use is compatible with the surrounding area and that a safe and proper facility is proposed.'' Yesterday, a spokeswoman for Vaucrosson's law firm, representing Mrs.

Cholmondeley-Daniels, said an injunction against Golden Serenity was being sought.

"We are trying to get Mrs. Smith-Tweed moved from that property,'' said spokesman Mrs. Anne Richmond.

She hoped the Supreme Court would hear her application for an injunction shortly.

"We will ask for possession right away. It is a shame it is the old people who will suffer.'' Mrs. Richmond added Mrs. Cholmondeley-Daniels and her sister could be exposed to prosecution -- as the home did not have health department and planning approval.

"After all, they own two-thirds of the property.'' Assistant Planning Director Mrs. Aideen Ratteray-Pryse confirmed Mrs.

Smith-Tweed did not have planning approval.

She pointed out this was not necessarily illegal -- although "technically speaking'' an enforcement notice could be issued.

Planning legislation, added Mrs. Ratteray-Pryse, allowed people to make an application where a development had already begun.

Mrs. Ratteray-Pryse said planners normally consulted the Health Department when assessing applications.

Chief Medical Officer Dr. John Cann declined to mention Golden Serenity by name.

But he confirmed a rest home had set up without proper authorisation.

After an investigation, the operators had been asked to stop admitting patients.

"The process must be complete 25 days from receipt of the letter,'' said Dr.

Cann. "Our objective is to help the people at the home. It is important to safeguard their interests.'' "Based on a health department assessment of the current facility, we have asked the operator to cease admitting patients and to take steps to find alternative accommodation for existing patients.

"We have staff within the department of health and other agencies attempting to find alternative placements for the patients currently there.

"The home will be reconsidered once they have met the appropriate requirements.

"The existing facility could be made acceptable by certain minor modifications.

"The health department normally inspects, offers advice on sanitation, and considers whether the facility is appropriate, has too many levels, a suitable kitchen, and an appropriate exit and entrance.

"We also rely on the fire department to make an assessment, and we examine the space to see whether it meets the guidelines this department lays down.

"We look at the staffing of the facility as well, and that has to be married with the programme and the type of residents accommodated.'' Dr. Cann said his department would normally give written approval to a nursing home.

He added planners and the health department worked together on such matters.

When contacted, Mrs. Smith-Tweed said: "I am just a tenant. We have the approvals we need.'' A Royal Gazette reporter was refused access to Golden Serenity.

"I don't know what you're talking about, and I am afraid I have to go,'' a woman who answered the door said.