As the number of Academies increases does anyone have a view on which authority planning applications should be made to.
In the pre-Academy planning world planning applications for state schools were almost exclusively made to the LPA with an interest. This was typically the County Council where the two tier system of local government operated with planning applications made under Regulation 3 of the General Regulations 1992.
Now the ties between the LEA and Academies have been loosened if not dispensed with altogether, to whom should Academy planning applications be made ?
We think this turns on the 'interest' test as the LEA in our County in certain cases still retains an 'interest' as, for example, the freehold of the land or as an Academy sponsor. In other cases there is no 'interest' and Academy planning applications are made to the relevant District or Borough. At present no District or Borough has approached us in the County Planning Authority demanding to deal with Academy applications !
For example I have heard a line of arguement that the nature of Academies is they are free of local authority control therefore the Reg 3 'interest' test where the LPA and LEA are in the same authority cannot apply. Therefore Academy planning applications are automatically dealt with by Districts of Boroughs.
Personally I think the 'interest' test is more subtle for the reasons set out above but does anyone have an opinion. Or has anyone seen any rulings/directions/ advice from DfE ?
Appreciate this may not be mainstream for most planners but may be relavant to those working in County Planning Authorities. Any views ?
