Secondary school causing nuisance - advice please!

[Agghggbrx]

Hi! So my husband and I bought our first home last year and have spent a year doing up the house. The house is on a small road (with 2 buses going down it, so not tiny) and on the corner of a single lane slip road around a small green.
A gate was opened opposite from my house to the school many years ago. When it was opened there was an agreement that the gate would be for emergency vehicle access only. Since then the school has changed to a new school with a new name. On Monday, with no warning, we’ve found out this 8 ft gate is now the only access for the entire school morning and afternoon. We now have cars all over the place, blocking our single lane road and hundreds of kids pouring out.
Do they have the authority to do this without consulting the neighbours? Especially when they have a perfectly functioning large entrance gate around the corner!!
I have spoken to the head and it didn’t yield much results - he sounds extremely stubborn and unwilling to move on the matter. Any help please!!

Is it part of a trust? Go over his/her head and speak to the Estates/Legal team at trust headquarters.
We live next door to a secondary school (the fence at the bottom of our garden forms part of their side boundary). We have issues with large overhanging trees and boundary maintenance.

Contact your local council and ask if there has been any proposed planning change or for them to enforce the condition. Is it a permanent change or temporary?

When you say there was an agreement notntonuse this gate except for emergency do you mean it firmed part of a legal document or planning conditions.

If part of planning you can report the breach to the planning department I had to do similar recently and ended up having to do aonwith photographic evidence every time for a while until planning did something but they eventually did and the breach has stopped now.

I agree with ^^ and would recommend you go through planning.

According to the head it is permanent as they have moved the location of the reception. I will definitely take the approach of going through planning at the council. Thanks for the advice.

I wasn’t living here at the time so I need to speak with the neighbours about what the original agreement was and whether it was via the council etc. it would be great if someone has a copy of a letter of some sort.

What assurances did you get via solicitors of the gate when buying? Are you sure the planning hasn’t already been granted and that’s why the house was for sale….

you need a paper copy of that agreement, and then take it to the council.

I live next to a school. Next to their gate onto the school field.
In our deeds are several points about our entrance and access.

I was a school governor at that school for a while, and I know that the current head etc do not have a clue about any of the legal things in my deeds.
So if I need to use them (eg my right of access) I have to tell them.

I think the same is probably true here.

You need to remind them of the legal statement.

@Chronicallymothering

What assurances did you get via solicitors of the gate when buying? Are you sure the planning hasn’t already been granted and that’s why the house was for sale….

hmm, good point .

This should have come up in the searches, so if so, it is your solicitor who is at fault

@Agghggbrx

I wasn’t living here at the time so I need to speak with the neighbours about what the original agreement was and whether it was via the council etc. it would be great if someone has a copy of a letter of some sort.

coucils will usually do it by the book, so I would expect a paper copy.

If it was within the planning approval, depending how long ago, there may be a copy online as the decision letter with cite any conditions. Most councils have online planning applications going back for some time, searchable by address or postcode.

So you bought a house next to a school, which has a gateway to a public road. But now complaining that the school is now using this gate???

@Whammyyammy

So you bought a house next to a school, which has a gateway to a public road. But now complaining that the school is now using this gate???

no, she bought a house next to a school which had an emergency access gate onto the road, with an agreement in place that it was ONLY for emergency access.

The school has broken this agreement

So the school and gate were already there.....🤔

@Whammyyammy

So the school and gate were already there.....🤔

Yes but as a side gate/emergency access, not the main entrance.

@Whammyyammy

So the school and gate were already there.....🤔

It was for emergency access only. If that was still all they were using it for it wouldn't be a problem. I would contact planning. Traffic and parking issues should have been dealt with before changing the access arrangements.

Thank you so much for so much advice everyone! It’s really given so much help in just where to start. I’ve been a busy bee and I’m now in contact with planning investigations at the council and our councillors. I’ve spoken to several neighbours and they’re just as upset by it, but not so capable of handling it, so I feel I have to be the one. Hopefully we can get something changed! Thanks again!

I would urgently contact the Highways section of your local authority. They are required to oversee changes of use for large vehicle movements. This is about safety and whether the access is suitable. I would contact the planning department at the same time. It’s imperative the use of this gate is approved for movement of children and vehicles. Plus you need protection from inconsiderate parking by parents. If you were not informed about the change of use, complain loudly. Contact your local parish council and your county councillor.

@Agghggbrx
If is a matter for the Highway authority primarily. It’s about safety and road use.

Many years ago I posted a thread about what we and our neighbours did to deal with inconsiderate parking.

Although we all have drives we parked our cars on the lane, legally. This left nowhere for parents to park, narrow lane. And large vehicles couldn't turn in.

Worked like a charm. The parents used the church and pub car parks and big vehicles avoided school start and finish times.

When the cars creep back we just park on the lane again.

I am still unsure who the "agreement" was with. This forms the basis of whether you have any case at all

@SeasonFinale

I am still unsure who the "agreement" was with. This forms the basis of whether you have any case at all

yes, without evidence of that you don't have much chance.

As I said upthread, we live next to a school entrance (to their playing field) there are agreements in place, eg over right of access to our garden wall for maintenance. They are legal documents and written into our house deeds.

@AnkleDeep

Many years ago I posted a thread about what we and our neighbours did to deal with inconsiderate parking.

Although we all have drives we parked our cars on the lane, legally. This left nowhere for parents to park, narrow lane. And large vehicles couldn't turn in.

Worked like a charm. The parents used the church and pub car parks and big vehicles avoided school start and finish times.

When the cars creep back we just park on the lane again.

I’d be doing this in conjunction with your council enquiries. Might help expedite things at their end.

That’s an interesting situation (I know it is very disruptive for you). I can’t think of any property law restrictions on students leaving a school, unless there are some restrictive covenants which in any event are difficult to enforce. I would focus on planning and highways at the council, and also suggest getting your MP or councillor involved.

The agreement that you have heard about sounds like it is a planning condition so getting the planning officer involved is the first step. Also is the reception simply relocated or a new building that required planning?

Also when someone is stubborn and defensive like that it’s often because they know they are in the wrong (I know because I do it myself!) I bet the head knew it would cause neighbour issues.