logo-education
0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

building for the future...

28 November 2019

As the new year comes into view, many schools will be considering plans to build or to extend their facilities next year. It’s important to be aware of the consents that may be required, in addition to planning permission, well in advance, so that works are not delayed.

Trust leaders often have experience of construction projects and are comfortable procuring project managers, architects and contractors. However, they should not forget that the permission of their landlord or the Secretary of State may well also be required to carry out building works. So that projects run to deadlines, trusts should consider at an early stage:

  1. whether the trust owns the property’s freehold or occupies under a lease;

    If the trust holds a lease, the lease should be reviewed to check whether the landlord (often the local authority,) needs to approve any works. (The Department for Education model lease requires the landlord’s consent for new buildings, and for external or structural alterations to existing buildings.)

  2. whether the works involve ‘playing field land’. The relevant legislation widely defines ‘playing field land’ as basically any external area that is, or has been in the last ten years, used for recreational purposes. If the works do involve playing field land, the consent of the Secretary of State will be needed to the build.

    This consent can take several months to obtain, and the works cannot begin without it. So the earlier application is made, the better.

We would advise that trusts consider the need for these consents at the very beginning of the works procurement process. Failure to obtain the necessary consents could give rise to serious risks, even the removal of the works. For detailed advice on any matter please contact Chris Emm or Peter Jackson.

 

training and events

12Mar

ASCL Annual Conference Online

Come and meet the team at ASCL’s annual conference.

View event

24Mar

Optimus MAT Summit Hilton Birmingham Metropole Hotel, The NEC Birmingham, Pendigo Way, Birmingham, B40 1PP

Come and meet the team at Optimus’ annual conference.

View event

focus on...

Legal updates

World Mental Health Day - 10 October 2020

With World Mental Health Day coming up tomorrow, and with the backdrop of COVID-19 dominating most of our thoughts and everyday lives, now is a great opportunity to start thinking about going the extra mile to support the wellbeing of your staff and pupils.

View

Effective Board and Members meetings; Covid-19 and beyond

View our on-demand video where Education Partners Nick MacKenzie and Dominic Swift discuss the approach to members and board meetings in the ‘new normal’ considering the benefits of virtual meetings and discuss how in the longer-term, boards might combine virtual and in-person meetings to be more effective.

View

Guides

Executive pay setting in school trusts

For many years now the Education and Skills Funding Agency (ESFA) have written to academy Chairs asking for justification and rationale on executive pay. School trusts have reached out to us for advice to help them meet their obligations within the Academies Financial Handbook.

View

150th Anniversary of State Education – Lessons Learned: reflections of 12 former Secretaries of State

Our on-demand video was hosted by the BBC’s Education Correspondent Branwen Jefferys with special guests including Baroness Nicky Morgan, Kenneth Clarke QC, Michael Gove, Justine Greening and Lord David Blunkett discussing past successes of education, the unintended consequences of past policy, and to envision what still remains to be done.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up