Despite requests to revoke planning permission submitted to both Newport council and the Welsh Assembly Government, Newport council allowed the new school to be allegedly occupied unlawfully on the 5th January 2010.

In a letter dated 18 November 2008 to Norwest Holst Limited, Newport council wrote:
“As you will be aware, Condition 07 of the planning permission requires certification upon completion to confirm that the approved remediation strategy has been complied with in full. This condition must be discharged before the school can be used”.

For reasons unknown, and contrary to the instructions of the Development Control Manager, Newport council allowed the school to be used prior to the remediation strategy being implemented fully; prior to lining Lotery's Reen; and prior to discharging Condition 07, as required by planning permission.