More on KentOnline
Jubilee School is to be allowed to expand to two-form entry.
Permission has been granted by a planning inspector on appeal for a 967sq metre extension at the free school in Gatland Lane, Maidstone, that will enable the school to almost double in size to 420 pupils, despite strong opposition from neighbours and an earlier refusal of permission by Maidstone council in July 2017.
The appeal hearing was held in June, but the inspector's decision has only just been announced.
Inspector Deborah Board acknowledged that allowing the appeal would reduce the area available to the school for outdoor play and PE - a concern of the council - but said that other options were available, including the use of roof terraces. The extension would include a hall that would be used for indoor PE and an all-weather pitch would provide a variety of options for the site.
The school proposed to stagger break and lunchtimes so that no more than 120 pupils were using the restricted play space at any one time.
But the school's plans rely on using the nearby Gatland Recreation Ground for sports and it intends to make a block-booking of the three football pitches there for two half days each week.
This was a key objection from residents who asked how pupils could use a pitch that was open to dog walkers, and suggested there would be safety risks.
The inspector was satisfied the school had properly assessed those risks - even though a short distance away at Oakwood Park, two schools have recently fenced off their sport fields from the public over just those concerns..
The council pointed out the provision of play space fell short of that suggested by Government guidance, but the inspector said the guidance was "non-statutory guidance and is intended to be used in a flexible manner."
Although the council did not object on traffic grounds, that was the main concern of residents who say that cars frequently mount the pavements now at school pick-up and drop-off times.
The school produced a traffic plan that indicated the expansion would generate only an additional 69 vehicle trips each session. KCC said the growth in traffic could be accommodated by the road network.
The inspector said: "There is no dispute that there would be an increase in vehicle and pedestrian movements. However, the main movements would be at either end of the school day. They would not be excessively early or late. Therefore the scheme cannot be resisted on noise and disturbance and the effect on the living conditions of existing occupiers in that regard."
Cllr Paul Harper (Lab) said the ruling would bring significant problems to the area. He said: "I've heard that people have already started to sell their homes. The school really needs to start engaging with the local community now so that we can try to mitigate the worst effects."
Brian Skinner, one of the local objectors, said: "We have been sacrificed on the Government's altar of creating free schools. The whole of west Maidstone is going to suffer - and Fant in particular."
The school announced its expansion plans less than a year after first opening.