Andrew Dismore

Avanti School and planning rules

As you may have heard, the planning rules for free schools have just been relaxed, so  I thought you would like a briefing about the general law changes and what I think this means for the Avanti permanent (Broadfields) and temporary (Fairway) proposed sites.

The existing guidance from before the relaxation of the rules:

The planning rules for schools such as Avanti were already making it difficult for objectors, and indeed local councils, to oppose them even before the new changes, as the following planning policy statement extract published in  August 2011 and still in force shows:

• Local authorities should give full and thorough consideration to the importance of enabling the development of state-funded schools in their planning decisions. The Secretary of State will attach significant weight to the need to establish and develop state-funded schools when determining applications and appeals that come before him for decision.

• Local authorities should make full use of their planning powers to support state-funded schools applications. This should include engaging in pre-application discussions with promoters to foster a collaborative approach to applications and, where necessary, the use of planning obligations to help to mitigate adverse impacts and help deliver development that has a positive impact on the community.

• Local authorities should only impose conditions that clearly and demonstrably meet the tests set out in Circular 11/95. Planning conditions should only be those absolutely necessary to making the development acceptable in planning terms.

• Local authorities should ensure that the process for submitting and determining state-funded schools’ applications is as streamlined as possible, and in particular be proportionate in the information sought from applicants. For instance, in the case of free schools, authorities may choose to use the information already contained in the free school provider’s application to the Department for Education to help limit additional information requirements.

• A refusal of any application for a state-funded school, or the imposition of conditions, will have to be clearly justified by the local planning authority. Given the strong policy support for improving state education, the Secretary of State will be minded to consider such a refusal or imposition of conditions to be unreasonable conduct, unless it is supported by clear and cogent evidence.

• Appeals against any refusals of planning permission for state-funded schools

should be treated as a priority. Where permission is refused and an appeal made, the Secretary of State will prioritise the resolution of such appeals as a matter of urgency in line with the priority the Government places on state education.

• Where a local planning authority refuses planning permission for a state-funded school, the Secretary of State will consider carefully whether to recover for his own determination appeals against the refusal of planning permission.

 

Planning rules changed to benefit free schools as against local objections:

From  30^th May, just gone, the Conservative led coalition Government has watered down the planning laws that apply to everyone else,  so as  to especially favour free schools over the interests  of local people.  Free schools are now not to be subject to the same planning regime and controls as are other developments, with very relaxed rules making local opposition to unsuitable free school developments much harder. This is even more so for temporary sites.

Premises in B1 (business), C1 (hotels), C2 (residential institutions) and D2 (assembly and leisure) can be permanently converted to a state-funded “free schools” without need for planning permission. Buildings in other class uses can be converted to a free school for one academic year. The idea is that those schools will then use that time to actually get planning permission, so no free school will be unable to open because it doesn’t have planning permission.

 

This is taken from the Government’s own press announcement:

“New measures will allow free schools to open in almost any building for a year without needing planning permission, removing concerns that schools cannot open in time.

The new permitted development rights will also give free schools extra time to win the permanent planning permission required to remain in their buildings after that first year. It will ensure the best use is made of existing buildings and will give parents and pupils greater certainty that the school will open on time.

In addition, new free schools will also be able to open permanently in a wider range of buildings – such as offices and hotels – with the introduction of an easier, more streamlined approval process. Local planning authorities will have to carry out only a limited assessment that will consider noise and traffic issues.

The process of finding a site for a free school has already been sped up:

• appeals from schools are treated as a priority

• national planning guidance has been slashed
• councils must give priority to the need for new school developments when considering planning applications

The Department for Education has brought forward the application process to open a free school so that successful proposers have more time to find a site before the school is due to open. The Education Funding Agency (EFA) also has more time to engage planners to pre-empt any issues.

The changes should come into effect in June and will benefit those who are successful in applying to open a free school during this year’s application round. These free schools will have a better chance of moving into their permanent sites well before they are due to open.”

 

See also this Planning Magazine article extract:

“Changes to the general permitted development order which come into force on 30 May will mean that premises in the B1 (business), C1 (hotels), C2 (residential institutions) and D2 (assembly and leisure) use classes will be able to change use permanently to a state-funded school without the need for planning permission.”

 

And this commentary from a planning consultant I have obtained:

Somewhat contrary to localism this further top-down change somewhat dilutes local authority decision making. With the principle of a change of use no longer needing to be established the proposals push a number of planning tests to the side and are essentially limited to noise and traffic issues. Whilst these were always the main points of contention with the NPPF stating that development should only be prevented or refused on transport grounds where the impact is severe and with noise generally straightforward to overcome it appears on the face of it there may be few obstacles to a change of use of buildings to schools.

( NPPF = National Planning Policy Framework)

 

And this email form Richard Cornelius, leader of Barnet Council:

Dear Andrew,

Whilst welcoming the idea of the Avanti school coming to Barnet there does seem considerable opposition on planning grounds.  There has been great effort to find a site over a long period of time but we have not given up.  I would not want to pre-judge the planning application, as it goes through the Barnet process but the final say will not rest with Barnet(sadly}.

The Mayor,Planning Inspectorate and Mr Gove all have a role to play and we will have to make our case appropriately. 

regards

Richard

 

So what does this mean for Avanti?

These new permitted development rights seem to apply to changing the use of an existing structure, not to a piece of land – even one with planning permission for a given use. The government announcement on this refers consistently to “buildings” which is why I think this is the case.

So I think it will come down to this: they’ll need planning permission to build but we objectors will not be able to use land use zoning as an argument against. It is still not clear to me where the rules leave us, in objecting to temporary structures (like at Fairway), and I am trying to find out.

The grounds for objection do seem to be pretty well restricted to noise and traffic, which could be helpful  in the local cases of Avanti – but it is clear that these will be required  to be fast tracked, including to appeal if refused. Certainly, the Leader of the Council seems to think that Barnet’s powers to stop it are very limited!

It  also seems that contrary to the  Government’s  originally expressed  policy  intention, as now free schools  don’t even have to serve local children, either, as Avanti, which mainly carers for Harrow children, demonstrates. Presumably therefore this cannot be a ground for objection either. So much for the oft trumpeted “localism” agenda!

When I met Avanti’s headteacher very recently, he told me he thought the planning application for Fairway was imminent, but that was before the change in the law took effect, so it is not clear to me the extent that the school intends to try to rely on the new permitted development rights.  I understand that no application has yet been lodged with the Council.

 

Mayor’s Question Time

And finally, you may be interested in the following  answers, for the little they are worth,  from Mayor Johnson to questions  I raised a t the last Mayor’s Question Time ( they were tabled before the news concerning the Fairway proposal was known, which was only after the MQT tabling deadline had passed) . I have also recently suggested an alternative location to him within the GLA property portfolio for disposal, but so far I have had no response from him.

 

Free schools 1

Question No: 1475 / 2013

Andrew Dismore

Do you support the proposal for a free school organised by Avanti House school for the Broadfields site, Edgware, and if not what do you propose to do about it?

Written response from the Mayor

The Avanti House school has been open since September 2012. Its relocation is ultimately a matter for the Department for Education and the London Borough of Barnet. While appreciating concerns raised, there is a pressing need for school places across London and securing suitable sites is often difficult. That is why I have set up a dedicated unit to help free schools find sites. We will of course support the DfE in exploring alternative sites should they wish to do so.

 

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Free schools 2

Question No: 1476 / 2013

Andrew Dismore

What assessment have you made of the impact on traffic if the Avanti House school proposal goes ahead at Broadfields?

Written response from the Mayor

Traffic assessments are made by the relevant planning authority – in this case, the London Borough of Barnet.

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Free schools 3

Question No: 1477 / 2013

Andrew Dismore

Will you work to find an alternative venue for the Avanti House School closer to where its pupils mainly come from, which would avoid problems for local residents as the present scheme does?

Written response from the Mayor

Please see my response to MQ 1475 / 2013.

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Free schools 4

Question No: 1478 / 2013

Andrew Dismore

Will you make representations to the Secretary of State for Education aimed at securing a better location should be found for the Avanti House School other than Broadfields?

Written response from the Mayor

Please see my response to MQ 1475 / 2013.