When do academy trusts need local authority consent?

It’s common for an academy trust to hold a 125-year lease with the local authority, which retains ownership of the land. A standard 125-year lease sets out when consent from the local authority is required to make changes.

This article explains when to seek consent, how it should be given and the potential consequences if you don’t.

When is consent required?

One of the key areas where consent is required under the lease is structural or external alterations, additions or variations to any structures on the property. In these circumstances, you must request consent from the local authority. The lease confirms that consent must not be unreasonably withheld or delayed.

The lease also provides details of when consent may be refused, including:

• If it adversely affects the local authority’s statutory obligations as landlord
• If it compromises the structural integrity of any structure on the property
• If it influences the value of the local authority’s interest in the property.

If none of these apply, consent is likely to be granted by the local authority.

How to request consent for alterations

Submit the plans and specifications to the local authority to ensure it has the full details of the works being completed. In some circumstances, you may need to amend these to meet reasonable requirements. Completed works must match the plans and specifications that have been approved by the local authority; any variation may need additional consent.

If you make any alterations to the property without consent, the local authority can request you to reverse them at your own cost and repair any damage. As such, this could be very costly.

Charging the property and connecting services

Local authority consent is also required if you would like to charge the property. A common example for academy trusts is charging a piece of land to the Football Foundation. Local authority consent is required to register any charge against the property title register at the Land Registry, which will also be a condition of the charge.

Additionally, where the local authority retains land around or near the property, consent may be required to connect conduits and pass amenities to and from the property through that land. Consent may be refused if the local authority reasonably believes that the conduits can’t bear the extra load.

Obtaining consent

Where consent is required, the lease confirms it will only be valid if it’s in writing and signed by an authorised person on behalf of the local authority, or given by deed. The academy trust will also be liable to pay the local authority’s reasonable and proper costs for granting this consent.

Failure to obtain consent for any of the above could constitute a breach of the lease and allow the local authority to forfeit it and recover costs. Forfeiture is unlikely for several reasons, not least because the academy trust could seek relief – however, this can be costly and time-consuming, with varying outcomes depending on the level of breach.