Cheshire West and Chester Council is investigating the placing of temporary ‘blue’ fencing and portable toilets in the playground of University Cathedral Free School’s new home within a grade II-listed building.

The opening of the primary school on September 1 was controversial because the council fast-tracked the planning application to allow part of the business centre to become an educational facility despite concerns about congestion and safety issues.

However, no planning or listed building applications were lodged for the temporary fencing or the portable toilets that have appeared next to the Edwardian building which is listed and lies within a conservation area.

Related: Where in Chester city centre will the latest free school be located?

Council spokeswoman Rachel Ashley said: “The council, as the local planning authority, is aware of the recent placing of a building adjacent to Murlain House and means of enclosure within the site matter.

“The council has been advised that the building is to provide temporary toilets falling under permitted development rights, that the fencing is temporary and does not constitute development requiring planning permission, and that the fencing is not attached to the listed building and will not require listed building consent. The council is investigating the matter.”

Issues raised

Anti-free school campaigner Ray McHale, a former county council planner, does not believe the council is genuinely interested in upholding its responsibilities.

He wrote: “It is a couple of days since I visited the site but a number of issues were of concern to me – relating to your control of that development: the blue screening material attached to the fence alongside Love Street; the temporary fencing between the car park/playground area and the west wall separating the car park from the properties on Union Street; the portacabin building located on the playground by the new school entrance; the temporary fencing between the playground area and the car parking area for Forest Court; the apparent route – marked on the ground in blue – taking children from the Lodge House into the southern entrance of the Murlain House building (ie the part of the building with no new permission).”

Mr McHale recalled how when the school was located at its temporary base in Northgate Street it set up a playground, surrounded by “ugly” temporary fencing, on the Dean’s Field – a scheduled ancient monument and in a conservation area – without planning permission. At the time CWaC claimed the fencing did not require planning consent as it was temporary.

Mr McHale told the planning department: “From my viewpoint this permissive and laid back approach to the free school development is now being repeated at Murlain House.” He added: “I do not feel overly confident about your department’s response to or willingness to address these issues.”

The University of Chester Academies Trust, which runs the free school, has not commented.

Department for Education spokesman Mike Murphy-Pyle said: “We have nothing to add to our previous statement. The planning process was done entirely by the book. We have been working closely with the council.”

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