Ed Lockett, Case Manager in the DfE’s Land Transactions, Estates, Land and Planning Division talks about school land transactions – telling us what they are and the circumstances where you need consent.
My team is made up of caseworkers and property lawyers and together we handle applications from schools, trusts and local authorities who need consent for a range of school land transactions. We deal with around 700 consent applications per year and over 1000 enquiries. A school land transaction is any activity involving the sale, lease, purchase, or change of use of publicly funded school land or buildings.
Schools, academy trusts and local authorities must obtain consent from the Secretary of State before completing these transactions as publicly funded school land is protected by legislation to safeguard it for future generations.
When do you need consent?You need to seek consent from the Secretary of State before you can:
sell or lease school land or buildings buy new land or buildings for a school change how school land is used, for example, building on a playing fieldThis applies to school land that has been used in recent years, even if it’s not currently in use.
You must apply for consent before you:
sign any contracts agree to a lease complete a transferApplying early gives my team time to carefully consider your application, especially if it’s complex.
What counts as school land? Playing field landPlaying field land is any outdoor space used for physical education (PE) or recreation. This includes land that’s not currently being used.
There are five types of playing field:
soft outdoor PE (traditional grass marked pitches and artificial pitches) hard outdoor PE (hard surface games courts and multi-use games areas (MUGAs)) soft informal and social areas - unmarked fields /marginal areas hard informal and social areas - playgrounds habitat areas - meadowland, wildlife areas used for learning Non-playing field landThe following are not classed as playing field land:
buildings – including sports halls and indoor swimming pools caretaker's houses and the gardens connected to them entrance paths and roads - including landscaping other than that related to play and social areas available to pupils parking areas and drop off spaces refuse and recycling areas Why do you need consent?Publicly funded school land is protected by legislation, which requires the Secretary of State’s prior consent. Different rules apply depending on:
who holds the school land – local authority, academy trust, or governing body what you want to do with it what type of land it isThe legislation protects:
school land used within the last 8 years (Academies Act 2010, Schedule 1) playing field land at maintained schools used in the last 10 years (School Standards and Framework Act 1998, Section 77) school land held by a governing/foundation bodies (School Standards and Framework Act 1998, Schedule 22)Academy trusts may also need consent under their funding agreement or the Academy Trust Handbook.
Common types of applicationsWe see a broad range of applications that often vary in complexity. Here are some examples:
Selling playing field landSome schools apply to sell surplus playing field land. These applications can involve substantial amounts of money (sometimes tens of millions of pounds).
We scrutinise these applications carefully because the DfE’s policy is to protect playing field land.
What we expect: If you want to sell playing field land, you must improve sporting facilities at your school or other schools in your area. For example:
installing a MUGA creating an artificial grass pitch upgrading existing sports facilitiesMUGAs and artificial pitches are good options because they can be used all year round.
Case study: Bramcote College
We dealt with a joint application from Nottinghamshire Council and The White Hills Park Federation Trust for consent to sell over 112,000 square metres of playing field land at Bramcote College. The trust wanted to raise money for improvements to the school buildings. They sold the land to Avant Homes for £40 million.
We granted consent because the school had a lot of land, and the land being sold had not been used for over 10 years. The school buildings were run down and no longer suitable. The money from the sale allowed the trust to:
rebuild the main school site build a new gym provide a new artificial grass pitch buy new grass sports pitches next to the schoolAfter selling the land, the school still had considerably more playing field land than the recommended amount for a secondary school.
Leasing playing field landNot all applications result in the permanent loss of land. For example, a school / local authority may lease its playing field land to a local football club for matches outside school hours. The club maintains the field and the school keeps access during the day.
Selling other school propertySchools often apply to sell buildings they no longer need, such as:
former caretaker’s houses vacant properties that are expensive to maintainMoney from these sales (called capital receipts) can be reinvested in capital projects at the school, such as:
new classrooms improved facilities – for example special education needs (SEN) facilities building repairsYou cannot use the money from selling school property for:
routine maintenance addressing budget deficits Leasing land to other providersSchools sometimes lease space to a private tenant, for example a private nursery at the school site. This can generate additional income for the school.
Buying additional landIf your school or trust need more space, you can apply to buy additional land. My team will assess these applications to make sure you’re getting the best value for money on the best possible terms.
Building on playing field landSome schools may need to build on playing field land because they’re oversubscribed and need more classrooms.
If you are considering this, we’ll want to understand:
why you need the extra space why you’ve chosen to build outwards rather than upwards how you’ll replace the lost outdoor spaceWe expect to see measures to mitigate the loss by improving other sporting facilities, such as installing a MUGA or artificial grass pitch.
Can you sell school land to generate additional income?The department’s policy is to protect playing field land for future generations.
If you want to sell playing field land: You must improve the sporting facilities at your school by reinvesting capital receipt in sporting provision.
If you want to sell non-playing field land: You can use the money for other capital projects, such as:
building improvements new facilities equipmentYou cannot use money from selling school land for:
routine revenue type maintenance addressing budget deficits How long will my application take?This depends on your situation. Every application is different and each one we receive varies in complexity.
An application with all the required information and supporting evidence can be decided more quickly. Missing information causes delays.
We process applications in the order we receive them unless there’s a genuine urgent reason to prioritise an application.
To speed up your application:
apply as early as possible include all required documents provide clear evidence to support your proposal contact us if you have questions before applying Playing field disposals and the Independent Playing Field PanelThe Independent Playing Field Panel reviews playing field disposals and provides advice to the Secretary of State during the assessment of an application.
As part of the department’s transparency data, we publish a list of playing field land disposals considered by the School Playing Fields Advisory Panel.
Where to get helpYou can find detailed guidance about school land consents on GOV.UK.
The guidance is comprehensive (and might seem daunting at first), but it is organised into different sections based on:
who’s applying what type of transaction you’re planningContact us: We’re here to help with:
questions about whether you need consent advice on the application process queries about the guidance and/or application formsEmail Land.TRANSACTIONS@education.gov.uk
We encourage you to contact us early, especially if your proposal is complex. We can discuss your plans before you submit a formal application.
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seen at 11:38, 19 March in Buying for Schools.