2010 Response to New Schools Development (November)

Introduction

The members of this organisation represent a significant proportion of residents in the United Kingdom, and their experience of schools being set up in undesirable locations is considerable. When this happens, serious problems for neighbouring residents and businesses can arise from extra traffic, anti-social behaviour, noise and nuisance and even criminal damage and assault. These problems arise rarely but sufficiently often for NORA members to be wary of the proposals in this Consultation Paper.

This consultation paper states that the proposals are only with reference to school education as defined in J3 as 'full-time education suitable for the requirements of persons of compulsory school age' or 'suitable for the requirements of persons over compulsory school age but under 19'. There is no clear limitation to 'Free Schools', so it is presumed that independent schools, schools for those excluded from state schools, schools for maladjusted children, and those under the care of courts are all included.

No school is free of problems for neighbours whether residents or businesses, but most communities are tolerant and accept the presence of a school as a benefit to the community. Schools all produce extra traffic, so consideration of traffic management is essential, but depending on their location some schools with problem pupils can cause serious public nuisance and even criminal activity affecting nearby residents and businesses.

The response of NORA members to the questionnaire has been determined by these considerations. There is a consensus that however well-meaning the proposals may appear, they are not proportionate to the need in terms of the number of proposals for new schools likely to be presented. Accordingly there was unanimous support for Option 1, which allows a considerable number of buildings mentioned in Class D1 to be converted into schools without needing planning consent, and retains the need for planning consent for a change of use to a school for all other premises.

For this reason NORA members have agreed a total rejection of Options 2, 3 and 4 as being unfit for purpose and undermining the sense of community involvement, that is so close to the government's concept of The Big Society, which NORA strongly supports. That the procedure of Article 4 Directions is suggested as a way of removing the Permitted Development proposed in these three options is regarded as inappropriate, a view echoed by the comment in the Consultation Paper: 'It is not anticipated that local authorities will issue Article 4 Directions.' There is considerable expense and officer time incurred in issuing Article 4 Directions, and this cannot be recouped from fees for subsequent planning applications since such applications in an area covered by an Article 4 Direction are free.

Finally, the Consultation Paper reveals that the government's key policy of transferring power from the centre to the local community is contradicted in this document. Paragraph 8 states 'The Government will allow free schools to open where there is clear local demand for a good new school.' , and paragraph 20 states 'Before any school can be set up, the Government will consider a range of factors, including evidence of demand and plans for the proposed site and building.'

So central government retains the power of decision, which the proposals intend to take away from the local planning authority. That appears to be in clear conflict with the concept of The Big Society and the expected Localism Bill.

Response to Questionnaire

• Consultation Question 1: Do you think that the uses listed under option 2 should be given a permitted development right to convert to a school?
  
  A1 - shops
  A2 - financial and professional services
  B1 - business
  B8 - storage or distribution
  C1 - hotels
  C2 - residential institutions
  C2A - secure residential institutions
  D2 - assembly and leisure
  
  No. There is an adequate variety of premises in Use Class D1, so that extension into other Use Classes is unnecessary. If premises not in Use Class D1 are being considered for conversion to a school, a planning application for a change of use is available. Since the decision to set up another school will take much time to organize anyway, this would all be part of that time.

• Consultation Question 2: Do you think that the further uses listed under options 3 and 4 should be given a permitted development right to convert to a school?
  
  A3 - restaurants and cafes
  A4 - drinking establishments
  A5 - hot food takeaways
  B2 - general industrial
  C3 - dwellinghouses
  C4 - houses in multiple occupation
  Sui generis uses
  
  No. See answer to Q1.

• Consultation Question 3: Should a use converting to a school for a temporary period retain the right to revert to the previous use if it does so within five years?
  Yes.

• Consultation Question 4: Would allowing the following uses to convert to a school use without the need to apply for planning permission have any unintended consequences?
  
  A1 - shops
  A2 - financial and professional services
  B1 - business
  B8 - storage or distribution
  C1 - hotels
  C2 - residential institutions
  C2A - secure residential institutions
  D2 - assembly and leisure
  A3 - restaurants and cafes
  A4 - drinking establishments
  A5 - hot food takeaways
  B2 - general industrial
  C3 - dwellinghouses
  C4 - houses in multiple occupation
  Sui generis uses
  
  Yes. The premises in this list would require considerable conversion to turn them into a school, much requiring planning consent, building regulation approval and where premises are protected in a Conservation Area, or by Listed Building status, etc, other consents will also be required. The traffic issue can be critical since the traffic flows for all these premises are scattered throughout the day whereas traffic flows in relation to a school are confined to short periods when schools open and close, so a traffic management scheme is essential for all new schools and must be approved by the relevant Highways Authority.

• Consultation Question 5: Should the local planning authority have to approve a transport assessment before the permitted development right can be activated for changes from some or all non D1 uses?
  
  Yes. See answer to Q4.

• Consultation Question 6: Do you think that there are any other matters that the conditions should address?
  
  Yes. All schools change the environment around them. Whilst they can confer benefits to the children and their families attending the school, they can present problems with traffic, noise as public nuisance, and trespass on and damage to adjacent property.

• Consultation Question 7: Should the compensation provisions contained in section 189 of the Planning Act 2008 be applied to change of use to a school, if a permitted development right is given?
  
  No.

• Consultation Question 8: The Government would like to permit schools to co-exist with certain dual uses, but not with others. Do you have views about whether and how this could be achieved?
  
  Yes. Without specifying the ′certain′ other uses, it is not obvious what problems could arise. To associate them with licensed premises, night-clubs and similar enterprises would be unacceptable, but other uses such as sports clubs, theatres, museums and art galleries, for example, might be appropriate. But each case requires assessment, and that surely is in the remit of the local Planning Authority. Accordingly Option 1 would support that.

• Consultation Question 9: Which is your preferred option and why?
  
  Option 1
  Option 2
  Option 3
  Option 4
  
  Option 1. Since this is the only option that allows the neighbours, whether residents or commercial interests, to express their support or objection or their constructive advice, this must be the sensible approach. The Big Society must have its say, and important decisions such as setting up a new school cannot be left entirely to the proposers.

• Consultation Question 10: Do you think these proposals should be applied solely to new free schools or to all schools? Why?
  If Option 1 is accepted then, then all schools are automatically included.

• Consultation Question 11: . Are there any further comments or suggestions you wish to make?
  
  NORA members are at a loss to see how this proposal can be reconciled with the concept of The Big Society and the Localism Bill, which NORA strongly supports. Surely the local community needs to be involved in the decision in setting up a new school, and this is best achieved by using the local planning authority as the conduit for discussions and mediation where necessary.

November 2010 

Alan B Shrank - NORA chairman