“People should have as much influence and ownership as is realistic and possible over the decisions and
forces which shape their lives and communities”

Reform

The Coalition Government has taken the view that the current planning system of imposed regional
strategies aligned with a target driven approach is undemocratic, ineffective and over bureaucratic. The view is that this approach alienates people and sets them against development.

The aim of the reform is to give local communities choice and control by removing the ability of the Planning Inspector to re-write local plans and by removing procedures on timetabling and monitoring. Planning Inspectors will continue to assess local plans by way of public examination but the power of Inspectors will be limited to an advisory capacity.

Democracy in Development

Neighbourhood plans will enable communities to permit development in full or in outline without the need for planning applications. It is felt that the current planning system is too complex and inaccessible to communities. The aim is to lift central control and give neighbourhoods in local areas the flexibility and resources to decide their futures. It is proposed that neighbourhoods with 50% support of the community by way of a referendum will have the powers, subject to meeting certain safeguards, to take forward development in their area without the need to apply for planning permission. The aim is to tackle bureaucratic resistance to developments coming forward where communities themselves express a wish to see such developments happen.

Schools in the Big Society

In October 2010 the Coalition Government issued a consultancy document to consider whether there should be planning changes to reflect the flexibility for school development arising from the Academies Act 2010. The consultancy arises from the Government’s desire to introduce changes to the Use Classes Legislation so as to reduce unnecessary regulation and make it easier for a school to develop and expand. The Coalition Government’s commitment to decentralising power and delivering a planning system which puts local communities in control recognises that schools should become involved in the processes by which powers and opportunities will devolve down to communities and neighbourhoods as a result of the Big Society in action.

Schools in a Class of their own

It is important that schools become involved in the Big Society in order to respond to the needs of the community for more choice and to drive up standards in education. Under current planning law, development control extends not only to building work but also to changes in the use of buildings and land. Planning permission is usually required for material change of use. A material change of use is a matter of fact to be determined in each case by the Local Planning Authority. Under current Use Classes Legislation, schools fall within the category of non-residential education and training centres alongside other non-residential institutional uses.

The Government is keen to free up the planning system to allow local people to make decisions about:

• where their schools can operate;
• what buildings are appropriate; and
• what facilities should be available for use by the community?

Greater freedom in this way will encourage the more efficient use of land and buildings in a manner that benefits local communities. This could also extend to schools co-existing in an environment of dual use with other community based facilities - for example, sports facilities and particularly playing fields where protection could be exercised under the Village Green procedures set out in the Commons Act 2006.

Consultation is Key

Where schools are considering development, it is important that they recognise the guidelines that the Government has issued for liaising with local communities. The guidelines state:

“Local people have a vital role to play in the pre-application stage. People should have as much influence and ownership as is realistic and possible over the decisions and forces which shape their lives and communities and it is therefore critical that they are engaged at an early stage. Because they live and work in the affected area, local people are particularly well placed to comment on what the impact of proposals on the local community might be and what mitigating measures might be appropriate”.

Before the school sits down with architects, the management team should talk to stakeholders such as pupils, staff, governors and parents to identify their experiences, needs and desires for what the school should be like. Under the new planning legislations it is very likely that this pre-application consultation will become part of the formal planning process.