About this departmental advice

This is advice from the Department for Education. This advice is non-statutory and sets out the Secretary of State’s policy to protect school playing fields, and the Secretary of State’s powers to protect land for academies.

This advice does not influence or affect the procedures for applying for planning permission. Education ministers do not have any statutory powers to influence any future development of land; this is strictly a matter for the local planning authority. 

This advice is non-statutory and has been produced to help recipients understand their obligations and duties in relation to:

  1. The School Premises (England) Regulations 2012;
  2. Section 77 of the School Standards and Framework Act 1998;
  3. Schedule 1 to the Academies Act 2010 (as inserted by Schedule 14 to the Education Act 2011);
  4. Section 36 and Schedule 4 to the Education and Inspections Act 2006;
  5. General consent for the disposal of playing fields by restriction 2011.

Expiry or review date

This advice will next be reviewed within a year from date of publication.

Who is this advice for

This advice is for:

  • local authorities
  • governing bodies of maintained, voluntary and foundation schools
  • trustees
  • diocesan authorities
  • voluntary bodies
  • academies
  • sports organisations

Overview

This advice describes the main circumstances in which local authorities, governing bodies, foundation bodies and trustees need to seek the consent of the Secretary of State for Education to dispose, or change the use, of land used by schools, including playing field land. It also describes how the Secretary of State will assess applications for consent to dispose, or change the use, of such land.

Contacts

Enquiries and application forms should be addressed to:

Schools Assets Team
Education Funding Agency
Area D, Ground Floor
Mowden Hall
Staindrop Road
Darlington
Co Durham DL3 9BG

Tel (01325) 735791

E-Mail: schoolsassets.EFAcapital@education.gsi.gov.uk