If the essence of the case is an objection to the noise nuisance associated with the nursery, and the nursery is operating, can't the case be settled simply by carrying out a noise survey at the neighbours property? This would at least resolve the problem of others not 'getting' the problem. If the kids are really generating 120dB for 12 hours a day, then fair enough, but it seems a bit unlikely even for 5 year olds.