St - Site guidance for applicants (mainstream,special, ap) - Spring 2021

Winter/spring 2021 Registered Charity No 1132122 | Company Registration No 6953650 Page 2: Page 3: Introduction What type of building? Page 3: ‘New build’ or ‘refurb’? Page 3: Page 4: Page 4: Funding for sites Acquiring a site Finding a site: What you need to consider Page 5: Page 5: Page 5: Page 6: The facilities and suitability of the site How far it aligns with the vision for the school The availability of the site The context of the site Page 6: How you can find premises Page 8: Page 8: What you can at application stage What you cannot at application stage Page 8: Completing section H Page 8: Page 9: Page 10: Page 10: Page 11: Location Site requirements Calculated building space Preferred sites Additional information Page 11: Pre-opening Page 13: Page 14: Page 14: The role of ESFA The role of LocatED The role of your group Page 15: Further information This guidance is based on the Department for Education’s most recent mainstream free school wave – wave 14 and the most recent special and alternative provision free school wave – local authority-led special and alternative provision free school wave The deadline for wave 14 applications was on the 11th November 2019 and the deadline for wave applications was on the 13th November 2020 The criteria for free school applicants are subject to change with each free school wave and local authority led presumption competitions As a result, applicants using this guidance should be aware of potential changes in criteria for the application route they are applying to New Schools Network will endeavour to update our guidance to reflect the latest Department for Education’s criteria During the application phase of setting up a free school, it is natural for applicants to be concerned about where their school will eventually be located and the DfE have stated a strong preference that local authority or government owned sites are used because they can often be secured on a peppercorn basis (a nominal but valid rent agreement) Prior to your application being approved, you cannot commit to any site and the Education and Skills Funding Agency (ESFA) will have the final say on which site is procured for your school when your project progresses to the pre-opening stage This means that any research you carry out prior to approval will be speculative, but it will still be valuable to your proposal and to the DfE This guidance will help you to identify what you should in the application stage This guidance is for central route mainstream school applications only For groups applying to local authority presumption competitions, local authorities will identify and publish information on the chosen school site within the specification of the school as part of the presumption competition process For groups applying to the special and alternative provision competition process, local authorities may identify a preferred site in their specification If you have a preferred site available and the local authority has identified a different site, the DfE will make an assessment on which site is likely to be deliverable most efficiently and cost-effectively When you submit your application, the ESFA may try to ascertain if there are viable premises in your area, both in terms of suitability and value for money It can be very challenging to find suitable sites, particularly in urban areas The DfE have stated that they will give preference to projects where they are likely to be able to secure a value-for-money site in a timely manner, with an acceptable level of risk It is therefore important to think seriously about potential sites during the application phase, while remaining open to the fact that you cannot guarantee that any one of them will ultimately be secured The free school application criteria for wave 14 asks applicants to list their preferred site options in section H of the form, along with any specific site requirements associated with your education model (if appropriate) However, you should not base any aspects of your application on the assumption that a particular site will be secured If your application is approved to move into the pre-opening phase, the ESFA will work with you to find a suitable site and will ultimately have the final say on the procurement of a site The Department for Education (DfE) have also established an arms-length public body, LocatED, specifically, to find sites for new schools This document provides guidance about what you should look for in a potential site and how to approach finding one It also explains what you can and cannot at the application stage, and outlines the information you will need to provide in section H of the application form This guidance also explains how you will work with the ESFA to secure premises if your application is approved As with any type of school, free schools are shaped by the premises they occupy Your school building will have an important impact on the delivery of your vision and how the school will operate on a day to day basis It is imperative that you begin exploring local site options during the application stage Free schools can be opened in many different types of buildings One of the aims of the policy is to deliver better value for money in education by providing innovative solutions to the challenge of finding new school premises Already, free schools have been opened in former hospitals, office buildings, job centres, church halls and other types of buildings The ESFA has also made use of other innovations, such as having primary schools on more than one level and secondary or post-16 schools on several levels You should therefore bear in mind that a site for your free school may not take the form of what you imagine a school to look like Finding sites for new schools can be difficult As a result, the government brought in legislation in 2013 under the Growth and Infrastructure Bill to make it easier to find sites for new schools:  The new permitted development rights make it easier to open schools in properties in the following planning use classes: C1 (hotels), C2 (residential institutions), C2a (secure residential institutions), B1 (offices) and D2 (assembly and leisure) The planning permission process for new free schools in these buildings will be more straightforward, as the local council will need to consider fewer issues when granting planning permission  Free schools will be able to move into almost any premises for one year without obtaining planning permission You can find more information about these changes here ‘New build’ or ‘refurb’ LocatED will choose the site for your school that represents best value for money, and this will be signed off by the ESFA This is likely to be an existing building that has been refurbished to make it suitable for use as a school, but it could be a new building It is less likely that your school will open in a new building as this tends to be more expensive than refurbishing an existing building The ESFA will generally only grant free schools a new build where it represents best value for money, e.g there is no other viable option in the local area and the advantages of the proposed new build school outweigh the cost of the building You should therefore not assume that you will be able to open your free school in a new building Where free schools occupy newly built premises, these are built under much tighter financial constraints than previous government building programmes, such as ‘Building Schools for the Future’, and will be built to pre-existing designs already created by the DfE The ESFA (usually through LocatED) will fund the acquisition of a site for your school by either renting or buying a site There is no set published maximum for the capital spend the ESFA are willing to put towards a project, and they appreciate that the cost of premises varies widely across the country, but all free school sites are expected to offer good value for money This does not mean that the ESFA are only interested in the cheapest option, but that there will be a careful weighing up of the benefits of your preferred site against the costs They will base this on the average cost of a similar site in your area, e.g in inner London If there is a strong argument to show that your preferred site provides good value for money, you should make this case in section H of your application There are three main ways that a site can be acquired: a peppercorn lease, freehold purchase, or commercial lease You should bear in mind that buying or leasing commercial sites is not the ESFA’s preferred option because these tend to be expensive The ESFA also generally prefer freehold sites to leasehold Ideally, you should try to find sites which might already be part of the government estate or which can be secured on a peppercorn lease (a nominal but valid rent agreement) This represents a low cost and is therefore an attractive option for the ESFA, so it is advisable to liaise with your local authority as soon as you have a clear vision for your school to see if they know of any suitable sites available locally There are a number of factors the ESFA or LocatED will consider when acquiring a site for your school, so you should also take these into account when looking for premises We suggest that you take time to think through these and draw up basic criteria for what you think would make a site suitable for your project before you begin your search Some of the issues you need to think about are listed below The facilities and suitability of the site  Size: Is it large enough for your proposed number of pupils?  Transport links and access: Are there good public transport links? What are the pick-up, drop-off, and parking implications? Is it accessible for both vehicles and pedestrians? Can disabled pupils and staff access the building easily?  Outdoor space: can you access facilities for sport and PE, on or off-site? Will there be space for break-times, etc.?  Suitability: Are there any unusual features that may have health and safety implications (e.g restrictions on natural light, no lift, lack of escape means etc.)? How far it aligns with your vision for the school  Location: Is it important that your school is located in a place which allows it to serve a particular area or community?  Distinctive features: will you be able to accommodate any special facilities in a cost-efficient way and within your allocated budget, such as appropriate spaces for specialisms?  Extended day: is the site suitably secure for pupils if they attend the school outside of normal school hours? The availability of the site It is likely that you will want the site to be available as soon as possible to enable it to be procured and delivered in time for your school to open, however this process can take up to three years You should therefore carefully consider the below  Is the building currently marked for educational use? If not, will planning consent or change of use be required? Changes to permitted development rights from 2013 have made it easier for free schools to open in buildings classes for other uses – see the section on ‘What type of building?’ page for more details However, if the land is designated as employment use, it is unlikely you will be able to obtain planning permission  Who owns the building now and what is its availability? Remember, at application stage you can obtain basic information about the site by making enquiries, such as its availability and who it is owned by, but you must not enter into any negotiations about acquiring it using public money You should not mention that you are applying to set up a free school, as the price may be raised if the owner knows that the ESFA may want to purchase the building  Does the building have any special constraints? For example, is it listed or in a conservation area? Will planning permission be difficult to obtain?  Has the building previously had other uses? Will it be able to cope with the increased daily use and numbers that come with a school? The context of the site  The surrounding environment: will pupils be able to work and learn without undue disruption from neighbouring businesses or transport? Free schools in urban areas have had to consider statutory requirements around noise Finding premises for your free school can be very challenging, especially in densely populated urban areas, so you should begin preliminary research as soon as you have formed your vision and have a clear idea of the key features of your school (e.g the size) It is important to remain open-minded and not to focus on one particular site as there are often reasons, sometimes unforeseen, why it may not be suitable in the long term Try to keep an open mind and think about the need to find possible site options for the application, rather than a particular home for your free school What you can at application stage Whilst you cannot secure a site for your free school at application stage, you should certainly start exploring potential options for one Finding a site is one of the most difficult tasks in the preopening phase so it is sensible to try to mitigate some of the challenges you will face at application stage In section H of the free school application form you are asked to list any preferred sites for your school, and completing this can make the procurement of a site easier and quicker if your project is approved Things you can at application stage include:  Draw up a list of criteria that you will use to search for suitable premises There are links at the end of this document to resources which will help you to explore suitable site options;  Contact your local authority to inform them about your proposal, if you have not done so already, and see if they know of any available sites that would be suitable;  Establish how you will go about enquiring about the availability of potential sites for leasehold or acquisition, ensuring that you not enter into any negotiations about acquiring it using public funds;  Consider bringing individuals with experience and expertise in property into your team, since expertise in this area can be very helpful in finding a site and fulfilling your obligations during the pre-opening process When searching for buildings, you will know your local area best Often community knowledge goes a long way when finding a site for your free school, so ask around your area for information, scope out your area for empty buildings or buildings for sale, and make sure you make the most of your contacts If your group has access to a site or land, or can make a contribution to the cost of acquiring a site, then you should make this clear in your application Though this can be an advantage in securing a site in the long term, it is not guaranteed that your project will be approved You will still have to meet all the criteria relevant to free school applicants before you are approved to open, and the ESFA will want to be sure that any site offers the best value for money Therefore, you should not acquire property or seek to so on the assumption that you will be able to use it If you are exploring commercial site options you could try to find information from local estate agents to see if there are any sites and buildings on the market which may fit your criteria, though as mentioned earlier you should keep your enquiries to basic details such as the availability of any sites, along with their asking price and ownership Very importantly, you should not mention that you are looking for a site for a free school, enter into any negotiations on the property or agree any finder’s fee with them An effective way of searching for available commercial property in your area is to use websites such as EG Propertylink, Rightmove and NovaLoca which compile the premises available through local estate agents As mentioned above, commercial sites can be expensive and for this reason are not an option usually preferred by the ESFA It is best to contact your local authority to find out if they already own any sites before exploring commercial options What you cannot at application stage It can be very frustrating to not be able to more in terms of acquiring a site, especially if you are located in an area where the potential options are limited However, it is crucial that you not enter into any negotiations about acquiring premises using public funds, or even indicate that you might so Doing so may encourage commercial owners of the site to push up its price and make it less likely that the ESFA will be able to acquire it in the long term If your application is approved, the ESFA, through LocatED, will take the lead in securing a site, so you should not pre-empt their approach However, you can make general enquiries as to whether your preferred site is available for acquisition or leasehold, but again you cannot enter into any negotiations during the application process or at any other stage In section H of the mainstream free school application form you are asked to list any preferred sites and include certain information about these as specified in the free school criteria You are also asked to include information on where you want the school to be located, as well as any site requirements that you think you will need to deliver your education model Location At the beginning of section H, you are asked to provide the location in which you propose to set up your school You should: • Be as specific as possible to highlight your preferred location for the free school This could be the name of the desired area, a part of a city, town or suburb You must provide a full postcode of a central location in your preferred catchment area • Include how flexible you are to have the school located from your desired location The DfE suggests that you provide an annotated map to display your preferred location and flexibility You can see examples of annotated maps on our website here Please note that these are designed to assist you in presenting your location preferences, and are not intended as guidance on issues related to designing an admissions policy The map should include a mark of your nodal point (if one is proposed) or the centre of your proposed catchment area or perfect location point Nodal points allow a school to fine-tune its admission criteria (especially in high population densities) to serve a specific community by defining geographic point(s) from which distance is be measured when used as an oversubscription criterion When creating your annotated maps, you should seek to add an indicative boundary line for each the following: • The location of expected pupil populations • The ideal area in which the school could be situated • The absolute limit of an acceptable location for your school site The map must be sent to FS.applications@education.gov.uk, when you submit your free school application form, with the name of your proposed school in the subject line Travel and transport are often critical aspects to planning permission and location of schools Therefore, you should provide a concise summary of your school travel policy within this email to the DfE You can also include any additional commentary on the preferred location of the site, if applicable In our consultations with LocatED, they have made clear that in addition to the section H Excel application form it is particularly helpful to include the following information: • • • • A map of the catchment area the school will serve (as outlined above); A site plan; Photos of preferred sites; Information on legal ownership, planning status and technical assessment Site requirements As part of section H you are asked to provide information about how any specialism or education model might impact the site requirements of your school When completing this section, it is important to be aware that the DfE will make a value for money assessment of your preferred site and where possible you should aim for the lowest capital costs and be as flexible as possible  Consider the salient features of your curriculum and how you would deliver them in practice For example, you may require the facilities to deliver boarding provision for some of your cohort Similarly, you might require dedicated access to outdoor space to deliver Forest School programmes, as part of a specialist focus on sustainability and environmentalism You should consider all features of your vision which may impact site requirements Examples may include science teaching, house systems, performing arts and food technology This may include, for example, equipment requirements for your curriculum Alternatively, it may be integral to your vision for the new school that your school is located in place which allows it to serve a particular area or community  Aim to distinguish essential aspects of your education offer from those that are ideal This will ensure that external stakeholders, such as the ESFA, have a clear understanding of what site requirements are most important to the successful delivery of your proposed free school  Please refer to our guidance on developing a vision for your proposed free school Please note that section H requires you to present a more concise summary of the vision that is in your free school application You not need to provide details on the key features of your school (e.g size, type, year of opening), as these details will be included within section A2 of the application form Calculated building space You will also be asked to state your calculated building space using the ESFA formulae Your school will need to be able to accommodate your expected number of pupils while also complying with the ESFA’s requirement for value for money The guidelines the DfE are currently working to for building size for mainstream schools are set out here: Age range Size (sq m.) Primary (5-11) 350 sq m + 4.1 sq m per pupil Secondary (11-16) 1050 sq m + 6.3 sq m per pupil Post-16 provision in a school 350 sq m + sq m per pupil Post-16 provision stand alone 1050 sq m + sq m per pupil 10 For all-through schools, the ESFA use the individual phase numbers and add them together To note, the above formulas not take into account outdoor space, as this is not a requirement for schools Preferred sites You can highlight up to three sites that you have identified within section H of the application form The DfE has asked that you not create new fields, and so you should therefore provide any information on any additional identified sites within an email to FS.applications@education.gov.uk The form requires that you provide all information on the site(s) which you have identified While it is not essential to have identified a site at this stage, the DfE have made it clear that they ‘will give preference to those projects where we are likely to secure a value for money site in a timely manner with an acceptable level of risk’ and that this means a strong preference for local authority or government owned sites that can be secured on a peppercorn basis However, it is crucial that you not enter into any negotiations about acquiring premises using public funds, or even indicate that you might so Doing so may encourage commercial owners of the site to push up its price and make it less likely that the ESFA will be able to acquire it in the long term If your application is approved, the ESFA, through LocatED, will take the lead in securing a site, so you should not pre-empt their approach You can make general enquiries as to whether your preferred site is available for acquisition or leasehold, but again you cannot enter into any negotiations during the application process or at any other stage You should refer to the DfE’s how to apply guide and criteria for section H for what should be included in regard to information about site Additional information In our consultations with LocatED, they said that in addition to the section H Excel application form it is particularly helpful to include the following information: • • • • A map of the catchment area the school will serve (as outlined above); A site plan; Photos of preferred sites; Information on legal ownership, planning status and technical assessment 11 These should be attached to an email and sent to FS.applications@education.gov.uk, with the name of your proposed school in the subject line Please note that additional Word documents included in the application will not be reviewed The DfE have said they will look favourably on applications that include a commitment to using a site available on a peppercorn basis Therefore, it is advisable to contact your relevant local authority to discuss whether there is a suitable site available for your proposed school If your free school is approved to open, the need to find and secure premises will become much more urgent This is because, other than in exceptional circumstances, you will only be able to enter into the Funding Agreement with the Secretary of State that allows your school to open once heads of terms have been agreed on a permanent site Since many free schools open in buildings which have not previously been used as schools, and others open in new builds, there can be a lot to in the relatively short time between approval and opening The search for appropriate premises can be a lengthy and stressful experience, but there will be plenty of help from the ESFA and LocatED The DfE’s pre-opening guide explains how this will work in more detail In pre-opening the DfE will decide whether to focus initially on finding a site for your school, or whether to support you with both site and non-site activities at the same time The DfE’s pre-opening guide states that where a site has not yet been secured when a project moves into pre-opening, and finding one is likely to be challenging, they will initially focus on finding a site for the school rather than providing feedback on other elements of your proposal such as the curriculum plans, governance structure and admissions arrangements If the DfE feel there is a good chance of securing a site quickly, or it is critical the school opens as soon as possible (for example, because there is a large shortage of school places locally), they will work with you on both site and non-site elements of your proposal concurrently The DfE will only agree a provisional opening date for your school once a permanent site has been identified and confirmed and they have assessed the time needed to develop it The process of securing a site takes a year on average, whilst the time taken to secure and deliver the site to the point where the school could open can take up to three years Your school will therefore need to spend a minimum of one year in pre-opening, and in almost all cases longer It is also Important to mention that the DfE has indicated they will look favourably on applications that 12 already have a site secured or a very cost effective site targeted, therefore making it likely that approved projects will be focusing on site and non-site issues concurrently Temporary sites Wherever possible, you should look to find a site which can offer a long-term solution for your free school In some circumstances, free schools are able to move into temporary sites whilst they wait for their permanent site to be completed, but the DfE will only allow you to this once a permanent site has been identified and secured The preference of the DfE is for you to not be in a temporary site, and instead be in a permanent site from opening Opening your school in a temporary site has the advantage of meaning that your school can open more quickly than would otherwise be possible However, this option also brings challenges for your school, as it can be disruptive to move from one site to another in your school’s early years Opening on a temporary site can also affect your ability to recruit students as a new school building is a very effective marketing tool, it also results in more work for the ESFA, as they may effectively have to all site activities twice – once for the temporary site and once for your permanent site This includes finding the site, procuring it and carrying out any refurbishment, etc As a result, the DfE are generally reluctant to allow schools to open in temporary sites They will make a decision by weighing up the viability of the temporary site, whether the need for the school is very strong – for example, where there is a pressing basic need for more school places – and value for money compared to similar schools They will also factor in the view of the Local Authority on this If this is something your group wants to pursue you should make the case for this in pre-opening The role of the ESFA The ESFA and LocatED lead on and provide expertise and technical support with the negotiations around securing a site for your school The ESFA then oversee its development so that it is ready to open The ESFA’s work begins at the assessment stage, after your application has been submitted Even before your proposal is approved the ESFA will a basic assessment on how easy and likely it is to find a site for your school, and a value for money assessment As part of this they may start to search for sites, carry out site assessments, enter into early negotiations with property owners or local authorities, and even site visits You should include as much relevant information as possible in your application, as applications that already have realistic sites identified will be looked on more favourably If you have already had discussions with either your LA or another statutory body about a particular site already owned by them, this will be looked on even more favourably, however, as with privately owned sites you cannot enter into any kind of agreement 13 The ESFA play a very hands-on role during the pre-opening stage in order to ensure good value for money and use LocatED as well as their various legal and property advisers to procure and refurbish your school, and obtain all the necessary planning permissions Specifically, the ESFA will:  Attend a kick-off meeting with your group This is a key opportunity for you to influence the commissioning instruction for the site  Assign you a Project Director and a Project Manager to oversee your project, who will also have access to a wider team including a Project Technical Adviser, an ICT Adviser and property specialists  Lead on acquiring sites on a peppercorn lease from the Local Authority  Commission LocatED to find sites and decide whether identified sites are suitable  Coordinate all planning permissions  Subject to value for money, work with you to establish preferred options around the construction or refurbishment of the site, including the installation of furniture, ICT etc  Procure the contractor needed to carry out and manage the execution of these works The role of LocatED LocatED, is an arms-length public body that has been set up to find and acquire sites for schools The DfE’s pre-opening guide states that the ESFA will commission LocatED to:  Conduct site searches and acquire a suitable site  Use their technical advisers to visit and assess the preferred site, provide a high level view of the nature and cost of any construction works needed, planning consents required and likely running costs  If that assessment shows the site is affordable and good value for money, LocatED will start negotiations to acquire the site 14 LocatED will only identify sites once they have been commissioned to so by the ESFA Throughout the process of identifying the site and agreeing heads of terms, they constantly liaise with the ESFA to make sure they are happy with the suggested site LocatED will liaise with you through your Project Director from the ESFA When a site has been found, the contract setting out the lease or ownership will be in the name of the Secretary of State for Education The ESFA will oversee any construction or development work that is required The role of your group Though the ESFA handle the bulk of the work involved in acquiring and developing a site, your group (through your academy trust) will be heavily involved and your opinion will be sought at important moments You will be needed at all meetings and it is in your interest to maintain as much of a role as possible in the process to ensure that you develop the school set out in your vision The site can be a very time-consuming part of the free school process so assigning one team member to liaise with the ESFA is a good way of ensuring that all team members not become preoccupied with the site If your free school proposal is approved, you will be expected to:  Use the opportunity you will be given at the start of the process to input into the commissioning instruction – this will help ensure that the chosen site meets your preferences  Use your local knowledge to help find a site (whilst not prejudicing any negotiations)  Attend meetings to ensure that the searches are heading in the right direction for your school  Agree the design of the school with the ESFA  Conduct a statutory consultation to establish the views of local stakeholders about your school and your proposed site  DfE How to Apply Guide 15  The Education Funding Agency (ESFA) manage all technical aspects of free school premises and capital funding  ESFA area guidelines: Mainstream schools area guidelines (BB103) Special and AP school area guidelines (BB104)  DfE guidance on free school sites Gov.uk maintains a search engine which allows you to find vacant government properties in your area which may be suitable for a free school Click here to provide feedback about this resource 16 ... application stage Whilst you cannot secure a site for your free school at application stage, you should certainly start exploring potential options for one Finding a site is one of the most difficult... secondary or post-16 schools on several levels You should therefore bear in mind that a site for your free school may not take the form of what you imagine a school to look like Finding sites for new... pupil Secondary (1 1-1 6) 1050 sq m + 6.3 sq m per pupil Post-16 provision in a school 350 sq m + sq m per pupil Post-16 provision stand alone 1050 sq m + sq m per pupil 10 For all-through schools,