Since 1 February 2012, schools and local authorities—including local authorities holding land for academies—have been required to seek permission from the Secretary of State for Education for all proposals to change the use of school playing fields.

In the last 12 months there have been 14 applications for consent to change of use, of which six have been approved and eight are currently under consideration.

Applications for consent for change of use where the land will remain within the education estate are not considered by the School Playing Fields Advisory Panel.

No disposal of publicly funded playing field land held for the purposes of an academy or free school—whether that land is held freehold by the Academy Trust or leased to them—may take place without the consent of the Secretary of State for Education, the right hon. Member for Surrey Heath (Michael Gove).

The exact circumstances of that consent differ according to who holds the land and how. For maintained schools and land leased by an academy from a local authority for less than 10 years, consent is granted under Section 77 of the School Standards and Framework Act (SSFA) 1998. Applications made under section 77 of the SSFA are considered by the School Playing Fields Advisory Panel. For land where the Academy Trust owns the freehold (or where it is held by another charitable Trust such as a Diocese) consent is obtained under Schedule 1 to the Academies Act 2010. These cases do not go before the panel—but are still subject to detailed scrutiny by officials and a final decision by Ministers using the same criteria as are set out for applications made under section 77.

Sale proceeds must be used to improve sports or education facilities, and we will only agree to the sale of playing fields if the sports and curriculum needs of the academy and its neighbouring schools can continue to be met.

As part of the request for consent, those proposing disposal will need to confirm that relevant local authorities and minor authorities (such as district councils) are consulted. Any subsequent sale would also be subject to local planning procedures and consents.

The Secretary of State for Education, the right hon. Member for Surrey Heath (Michael Gove), weighs up all factors when deciding whether or not to grant consent to any disposal of school playing field land by a local authority or school, including the recommendations of the School Playing Field Advisory Panel. Disposal is only approved where the sports and curriculum facilities remain sufficient or will be improved, and where proceeds of sale are earmarked to improve sports or education facilities.

Government decisions to reject or approve applications to dispose of school playing fields have matched the relevant recommendation made by the School Playing Fields Advisory Panel on all except eight occasions since 2001:

In 2003 one case was approved where the panel recommended rejection.

In 2007 one case was approved where the panel recommended rejection.

In 2008 one case was approved where the panel recommended rejection.

In 2011 two cases were approved where the panel recommended rejection.

In 2012 three cases were approved where the panel recommended rejection.

The Schools Playing Fields Advisory Panel does not make decisions. Its remit is purely advisory, with the decision making power resting with Ministers. This Government have only approved sales if the school has closed, has merged, or if equal or better facilities are being put in place.

Records relating to the School Playing Fields Advisory Panel commenced in November 2001 and the information requested is detailed in the following table.

Since it was established, in Rounds 1, 2 and 3, 237 organisations have applied to the Protecting Playing Fields Fund. Of these applications, 163 were successful. Around £8.2 million has been allocated from the fund over these rounds, benefiting 504 playing fields and pitches.