An anti-free school campaigner is raising questions after workmen arrived to fit out the University Cathedral Free School at a business centre before any planning or listed building applications had been submitted.

The Murlain House business centre in Union Street, Chester, was bought by the Government’s Education Funding Agency ready for a September 1 opening.

On Monday (July 6), workers arrived to prepare the site, which served as school until the late 1970s, just eight weeks before the start of the autumn term.

But Ray McHale, a former council planner who opposes free schools, says the case raises many questions.

Ray McHale

The University of Chester says its free school, currently based in Northgate Street, can initially move into the Gatehouse at the Union Street site because it is not a listed building and already enjoys consent for educational use. And the council has agreed to a request to remove a small section of wall within the main grade II listed building, the former Love Street School, ahead of a change of use and listed building application.

But Mr McHale is puzzled by claims the Gatehouse enjoys educational use as the Cheshire West and Chester Council website shows planning permission was granted for office use in 1992. He understands new legislation means free schools can move into most properties, other than listed buildings, for up to one academic year without planning consent but this still requires ‘prior approval’ from the planning authority.

Play time?

The trade unionist and Labour Party member would also like to know where the children will play as the original play area, currently a car park, is linked to the main building, not the Gatehouse, so he doubts it would be covered by any existing consents.

Mr McHale has concerns about public resources going into a project that could still be rejected by elected members at the planning committee.

He said: “It’s very hard for me to see how anyone could be saying planning permission will just sail through mainly due to parking and traffic. This is being driven by ideology rather than good sense and best practice.”

University of Chester spokeswoman Jayne Dodgson said it was ‘speculation’ the school could be rejected by the planning committee.

She said: “Work begins this week [July 6] to undertake alterations in the first phase of the Murlain House project, which will provide the permanent location for the University Cathedral Free School from September. All relevant statutory agencies have been kept informed and continue to be involved.

“Pre-application discussions between the Education Funding Agency’s planning consultancy and Cheshire West and Chester Council involved a review of the plans and a site visit undertaken by Marie Smallwood, the council’s built environment officer (conservation and design).

“She confirmed in writing that work on the first phase of the project, the Gatehouse, can proceed without the requirement of listed building consent. The Gatehouse also has existing planning approval for educational use.

“A full application for listed building consent for the remainder of the site is being submitted to Cheshire West and Chester Council imminently, alongside a planning application for change of use back to educational purposes.”

Education Funding Agency spokesman Mike Murphy-Pyle said: “We are doing everything by the book according to processes that are well established.”

Cheshire West and Chester Council had not commented at the time of going to press.