A Chester free school has been sent to the back of the class after the planning authority concluded it should have sought planning permission for a mobile toilet block and temporary fencing erected within the playground.

University Cathedral Free School recently gained planning consent to convert the west wing of Murlain House business centre, Union Street, back to a school on the very day it opened.

Now more applications have been lodged for phase two to transform the rest of the site but Cheshire West and Chester Council (CWaC) has made it clear it is unhappy at some of the school’s actions.

The council told the school, a grade-II listed building within a conservation area, to take down blue meshing and commercial signs on the boundary fence.

The University of Chester, who run the school, has not commented but the Department for Education says it is working closely with the council to address any issues.

University Cathedral Free School was told off for erecting temporary fencing and a portable toilet block in the playground but agreed to take down blue mesh on the boundary fence and has painted the toilets grey.

Cllr Brian Clarke, CWaC’s cabinet member for economic development and infrastructure, said: “The investigation into the placing of a toilet block adjacent to Murlain House as well as internal fencing on the site has centred on whether these required planning permission or listed building consent. The council considers that each of these requires planning permission.

“Applications for planning permission and listed building consent have been submitted for the proposed change of use of the remaining part of Murlain House to school use with associated development and works to the listed building.

“Pending the consideration of the current applications, and the painting of the temporary toilet building dark grey, it is not considered expedient for the council to take any enforcement action in relation to these structures at this time.

“However, the blue mesh screening that has been attached to the boundary fencing and the signs on that mesh screening, are to be removed because of their unacceptable impact on the character and appearance of the listed fence and the conservation area.”

The Chronicle has spoken to some neighbours who have been disturbed by playground noise at the rear of their properties although the council claims it cannot take such issues into account in determining planning consent for the site.

A reader supplied this picture alleging 'chaotic' scenes on the inner ring road outside University Cathedral Free School in Union Street at picking up time.

Residents are worried about the situation on the inner ring road with parents dropping off and picking up their children in the morning and evening.

Colin Pembroke, of Knightsbridge Court, wrote in a representation on the latest application: “If the access from Union Street is included you need to make provisions for the safe exit of the children to stop them running straight into the street.

“We (my wife and I) have already witnessed a child exiting on a scooter, from which he jumped off, before letting the scooter career onto the road bringing traffic to an emergency halt.”

Sections of the playground wall at University Cathedral Free School, on the right, are unstable but the safety fence, to its left, has only been placed 1.16cm from it rather than the recommended 2m.

There have been previous concerns over the safety of an unstable wall within the playground. Structural engineers recommended placing a safety fence 2m in front of the wall but in fact the distance is just over 1m.

A Department for Education spokesman said: “We are working closely with the council to address any issues highlighted as a concern.”