Decision details

4.1When Hateley Heath Primary School, West Bromwich converted to an Academy in April 2021 the Academy Trust, Manor Multi Academy Trust, requested that the unused school playing field located at Denbigh Drive and Pembroke Way not be included in the transfer of the school site to the Trust. The land is outside of the school’s secure boundary and there is a considerable level difference to the main school site.
4.2To access the playing field children would have to leave the safety of the school site, navigate a steep decline to the playing fields which are not secure.
4.3The school has not used the area in several years. The land is regularly used by dog walkers.
4.4It is proposed that the land be appropriated to Green Spaces, Borough Economy.
4.5A local community group has expressed an interested in leasing a part of the site to invest its Big Lottery Funding to provide playing fields, an allotment and play areas for the community. The land would remain in the council’s ownership. The group has responded to the consultation including details of its proposal, see 5.4. Any licence of the area would follow the corporate process once appropriated to Green Spaces with the support of the Voluntary Sector Support Team.
4.6Consultation and responses
4.7The council is required to provide evidence of adequate consultation to the Secretary of State for Education as part of the application for consent. A consultation period must be no less than 6 weeks, 4 of which should be during school term time.
4.8Consultation was carried out between 9 May – 24 June 2022. 6 weeks and 5 days to account for the 1-week school holiday in May.
4.9The consultation documents were published on the council’s website, shared with parents / guardians of pupils attending Hateley Heath Academy via school communications, published on the borough wide School Communication, and sent to the Regional Schools Commissioner.
4.10The council received three responses to the consultation;
“I just wanted to say as a parent living very local to the field I think it would be absolutely brilliant to have the field made into a fun and safe place for our children to make use of. I must put an emphasis on the word safe as the field currently has a small park on the side however I don't take my children there as the last time I went it was literally covered in glass. So, I think it would be great to make use of the space however it would be even greater if it could be monitored or even locked of a night time to try and prevent some ruining it for it everyone else.”
“i live at Berkshire Close. My both Kids go to Hateley Heath School. I think it is a very good Idea to make a bigger Playground as well a Football-Ground !!”
“I write on behalf of Hateley Cross Big Local Partnership (HCBL) in response to the above proposal, for inclusion into the submission to the Secretary of State.
In 2019, HCBL conducted a series of consultation events with local residents on the green spaces within the Hateley Heath area, one of which was the green space at Denbigh Drive. A subsequent survey of the local community took place as the first event was poorly attended due to inclement weather.
The findings from the consultation event and the survey were:
•The site is popular with all elements in the community
•Young people wanted more and better facilities than what was already there
•The site lacks good quality equipment
•More use could be made of the site if there were more entrances
•Undergrowth needs attention to provide more natural surveillance
•There is a preference for the installation of sports/sports areas
•Residents would like improvements to the fixed play equipment already in situ
•Maintenance of the site and the grass and undergrowth needs to improve
•More bins are needed for dog waste and general litter, and litter picking needs to be organised
•More benches are required
•The site is used for groups of young children to play and have picnics
•Other activities local residents use the site for are: football, dog walking, playing, walking, cricket
Other ideas from the local residents for potential improvements were:
•Skate park
•Allotments
•Football posts
•Basketball hoop
•Men’s shed
•Tennis/badminton court
•Mobile scooter access
•Picnic tables
•Outdoor gym
•Zip wire
Hateley Cross Big Local Partnership, over the next four years, plans to work with the community to improve the site and take forward some of these suggestions as soon as the Internal Transfer allows them to do so. Therefore, we fully support the proposed transfer from Education to Parks and Open Spaces.”
4.11No objections to the consultation were received. Therefore, this report seeks approval to submit the application to the Secretary of State.

Land that formerly served as a playing field to Hateley Heath Primary School (now Academy) was surplus to educational requirements. It was proposed that the land was retained by the council as open space, and transferred to Green Spaces, Borough Economy.
In accordance with Schedule 1, Academies Act 2010, Part 1 Paragraph 6 and Section 77(3) of the School Standards and Framework Act 1998 there was a need to obtain consent from the Secretary of State for Education for a change of use of the land and to complete an internal appropriation. Formal consultation regarding the proposal had also been completed.
Agreed that:-
(i)approval be given to apply to the Secretary of State for Education for the change of use and appropriation of land at Denbigh Drive, Hateley Heath, West Bromwich to Green Spaces, Borough Economy;
(ii)subject to the application being approved by the Secretary of State for Education, the Director of Children and Education be authorised to complete appropriation of the land to Green Spaces, Borough Economy; and
(iii)subject to (ii), the Director of Borough Economy be authorised to complete the appropriation from Children and Education to Green Spaces, Borough Economy.

Schedule 14 of the Education Act 2011, Schedule 1 to the Academies Act 2010 Part 1, paragraph 6: Restriction on appropriation of land held by a local authority for purposes of a school or 16 to 19 Academy - unless the Secretary of State for Education consents, the authority must not make the appropriation.
Approval of the Cabinet Member was required to apply for consent to the application by the Secretary of State.

5.1 The land remains as an education asset. The Children and Education Directorate does not receive funding to maintain assets not being used for school purposes. At present it is costing Education £3,000 a year for grass cutting and weed killing.
5.2Reallocation to an alternative school. However, no school has expressed an interested during consultation. The same safeguarding issues would affect other schools and the cost of travel would influence the school budget.
5.3Allocation for housing development – Regeneration and Growth have assessed the former playing fields for the purposes of housing. As the area is already densely residential and the playing field being the only area of green space it was out of scope for housing developments.