Issue details - Application to Secretary of State for Education for change of use / appropriation of Denbigh Drive, Hateley Heath, West Bromwich

Issue details

Application to Secretary of State for Education for change of use / appropriation of Denbigh Drive, Hateley Heath, West Bromwich

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.

Decision type: Non-key

Decision status: Recommendations Approved

Notice of proposed decision first published: 30/11/2022

Decision due: 15 Nov 2022 by Cabinet Member for Children, Young People and Education

Lead director: Director Children and Education

Contact: Michael Jarrett, Director of Children's Services Email: michael_jarrett@sandwell.gov.uk.

Implications: Resources: Ongoing costs of grounds maintenance. Staffing: No staffing implications. Land/building implications: Land will remain a council asset but be appropriated to amenity land. Legal and Governance: A local authority must not take any action which is intended or likely to result in a change of use of any playing field land so that it will no longer be used as school playing field, without the prior consent of the Secretary of State under Schedule 1 Academies Act 2010 part 1 paragraph 6 and under Section 77(3) of the School Standards and Framework Act 1998. Both apply if: • the land is, or has been in the last 10 years, used by a maintained school (including where the land is now being used by an academy); and • the local authority holds the land (either a freehold or leasehold interest) at the time of the proposed change of use. Local authorities have statutory powers to allocate land for specific purposes and transfer the use of land from one purpose to

Delegation Reference: 15.11.22 at 17:00 – Cllr Hackett Briefing Minute 02/22/DD

Decisions