Relaxing planning rules- free schools

Today's post concerns something which may be of interest to any property Lawyers who advise, or are in the process of advising, a body that is interested in setting up a free school.

Free schools remain a central plank of the Government's education policy. Any private sector provider or charity or any other body may establish itself as a free school. Eric Pickles, the Communities and Local Government Secretary, has announced new permitted development plans. This will allow free schools to set themselves up, in disused office buildings and other commercial properties, without having to gain planning permission (for a year). A limited impact assessment will be carried out (by the local planning authority) which will consider noise and traffic issues. This will give free schools greater time to win the planning permission that will be needed after their first year. It will allay concerns, that the 100 free schools set to open, will not be able to do so on time.

The Government has even opened a website containing details of empty Government properties for potential free schools at:

https://www.epims.ogc.gov.uk/fmsgspublic/Home.aspx

The changes are part of the Growth and Infrastructure Bill which already states that local planning authorities must consider new school developments when considering planning applications. No doubt the above measure will help to streamline the process and is part of the Government's wider goals of simplifying the planning system. We shall have to wait and see the full effect of these measures. However, some disused commercial properties may not be suitable for use. Say for example a free school wants to set up in an old disused warehouse. What if it has to make substantial repairs to make the environment suitable for its students? Surely it will have to gain planning permission after its year is up? What if it cannot obtain planning permission for any alterations? In that instance, the whole affair will be pointless. No doubt, Lawyers will still carry out environmental surveys. My point is that not every commercial building will be suitable for use as a free school. If a free school cannot obtain, planning permission after one year, will it have to leave?

Any attempt to streamline and simplify the planning system is deeply welcome. The jury's out as to whether the plans will help or (eventually) hinder free schools.

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