HC Deb 16 February 1999 vol 325 cc713-5W
Mr. Burns

To ask the Secretary of State for Education and Employment what opportunities are available for objectors to plans to sell school playing fields to make known to him their opposition to a sale prior to a decision being taken. [70360]

Ms Estelle Morris

[holding answer 11 February 1999]: The Department has recently consulted widely on the criteria against which my right hon. Friend the Secretary of State will consider applications for his consent to sell, or change the use, of school playing fields.

Although it is for applicants to decide the details of any local consultation, they should bear in mind that it was local concerns that prompted legislation to protect school playing fields. Draft procedures published on 1 October 1998 set out my right hon. Friend's expectation that applicants should consult locally and inform him of the responses they receive. The Department expects that local consultation should include the direct views of parents of pupils attending the school, as well as any other school which uses the field for school purposes. A minimum consultation period of 8 term-time weeks is recommended to allow sufficient opportunity for objections to be made known.

Mr. Burns

To ask the Secretary of State for Education and Employment if he will make a statement on the procedures that schools have to pursue before selling school playing fields under the regulations governing such sales. [70361]

Ms Estelle Morris

[holding answer 11 February 1999]: I assume in the light of the hon. Member's previous questions that this question concerns the sale of playing fields by school governing bodies that own their playing fields, as is generally the case for grant-maintained schools, rather than the sale of school playing fields by local authorities.

The governing body of a grant-maintained school must obtain the written consent of my right hon. Friend the Secretary of State before selling any land, including buildings and playing fields. Section 77 of the School Standards and Framework Act, which came into force on 1 October 1998, requires the governing bodies of other maintained schools of obtain the consent of my right hon. Friend before selling, or changing the use of, any school playing field that they own. The procedures to be followed are set out in the Department's consultation document. These include completion of an application form and local consultation.

My right hon. Friend the Secretary of State examines any application to dispose of school playing fields carefully, bearing in mind the provision of playing field space at the school and any shortage of playing fields at other local schools. It is necessary to ensure that following a disposal, there would be sufficient playing field area to meet the requirements of the Education (School Premises) Regulations 1999, and also that there is sufficient land retained to accommodate the possibility of reasonable future expansion of the school.

Where land has transferred to a grant-maintained school from a local authority, my right hon. Friend has power under section 298(2) of the Education Act 1996 to direct that all or part of such land should be returned to the local education authority, or its successor. The return of such land is subject to the payment to the grant-maintained school of whatever consideration, if any, is considered appropriate. Alternatively, my right hon. Friend may direct that some or all of the proceeds of sale should be paid to the local education authority. Each application is considered on its merits.