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The Government is increasingly exercising its powers under the Academies Act 2010 to coerce local authorities and planning departments to make sites available for free schools.
A number of free schools that were due to open have either struggled to secure suitable or permanent sites or for those that have, a dispute has arisen with the local authorities over planning. Where a local authority refuses to transfer a vacant school site (usually pursuant to a 125 year lease at peppercorn rent), the Government can use its statutory powers to “scheme” land in its own ownership. The Government can also exert pressure by ensuring planning authorities view applications by free schools more positively, with the communities and local government minister being able to override their decisions.
Increased pressure will ensure that more sites are made available, leading to more free schools being opened. The New School’s Network suggestion that the system through which sites are identified and bought is decentralised will also help achieve this.
Ambitious funding plans, announced recently by the Prime Minister, have made clear that spending on school buildings is seen as a key element of efforts to stimulate the economy post-COVID.
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We are increasingly asked are there any limits on how members can exercise their powers.
Following the Conservatives’ election victory in December the new government will be able to implement their election manifesto in full.
A Multi Skilled Visit (MSV) is when a survey is carried out on behalf of operators for the purpose of seeing whether a new site is suitable for the installation and operation of electronic communications equipment.
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