Fife Council has confirmed it does not have the power to block further development at the Wonder Years Nursery in St Andrews.
According to objectors, rules state plans cannot proceed without the council agreeing to sell the public asset of protected open space, which it owns, to the developers.
Amid a row over children being given just weeks to find new nursery places, the owners have confirmed the nursery will close on February 20 as planned with Alumno Developments Ltd to redevelop the site for student accommodation and a new nursery.
Regarding a claim by objectors the council could delay proceedings by withholding access to a grassed area of protected open space, Michael McArdle, lead professional of estates at the council, said: “Fife Council previously received an application from Wonder Years to permit the diversion of a culvert running through their site.
“Consideration of this application was deferred and no agreement reached at that time.
“The plans submitted for the development of the site indicate that the culvert will be diverted on to council land. No fresh application has been made in respect of diverting the culvert.”
Responding to claims Fife Council owns part of the land upon which Alumno’s student accommodation and children’s nursery development is to be built, David Campbell, managing director of Alumno Developments, said: “All of the land to be used in this development belongs to the owners of Wonder Years Nursery.”
More than 90% of children who attend Wonder Years Nursery have so far managed to secure alternative nursery places in or around St Andrews.
It was revealed last week how some parents felt “duped” by the nursery owners after discovering proposals for interim nursery accommodation had been scrapped on grounds of cost.
Parents received a letter on Thursday from Wonder Years confirming a potential extension of the nursery for three months would not happen due to lack of interest.