Specific details about your request
Section four of six
Request for installation of fencing
Temporary and permanent fencing which does not restrict public access and is considered ancillary to the recreational use doesn’t require our consent. Temporary fencing for maintenance reasons or erected for the duration of football matches is permissible. Permanent secure fencing which seeks to restrict general public access by keeping the gates locked requires our consent. Key considerations are the reasons for erecting a permanent fence and the proportion of the protected space that will be affected. The applicant will need to demonstrate that sufficient green space remains freely accessible for the needs of the local community. Fields in Trust does not generally support fencing higher than two metres.
Will the fenced off area be kept locked?:
If yes, please explain why:
Who will have access to the fenced off area and at what times?:
Will any charges be imposed for the use of the fenced off area?:
If yes, please provide details:
Request for an event or a festival
Relevant considerations are the extent of the green space required, duration of the event and its impact on the green space and its use. If any sport clubs and/or regular users will be affected, Fields in Trust would expect to see alternative provisions for these users for the duration of the event.
How will the event impact on peak usage times?:
What measures will be taken to minimise the impact on regular park users?:
Will the event be open to members of the public?:
Are there any concessions to local residents? If so, please specify:
Request for a release of land from Fields in Trust protection
Where the landowner wishes to transfer part of the protected space for use incompatible with the permitted use under the Deed of Dedication, or wish to erect a non-ancillary building, an application can be submitted for release of the area in question. Such requests will be considered in accordance with our Disposal Policy . The applicant is required to address how the proposed replacement land meets with the requirements of this policy. In the majority of cases, Fields in Trust will want to see evidence of consultations carried out with the local community, and the results of the consultations.
Please note that upon completing this Field Change Request application form, you will also be required to complete a Field Protection application form for the proposed replacement land.
Please tick to indicate you understand the requirement to also complete a Field Protection application form.
Please refer to our Disposals Policy [opens in new tab] and provide details of the proposed replacement land being offered in consideration for the release, including location, size and use:
Please state how the proposed replacement land meets the requirements of our Disposals Policy:
Are there any restrictions on the title of the proposed replacement land that prevent it being dedicated as a playing field and recreation ground?:
If yes, please provide details:
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Please provide details
Are there any leases or licences or other third-party rights that may affect the dedication of the replacement land?:
If yes, please provide details:
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Please provide details
Request for a transfer of protected land to another landowner
In these cases, Fields in Trust’s concerns are with the impact of the proposal on existing recreational activities and any strategic plans in terms of facility development. Normally consent to a transfer of land would be conditional on the proposed transferee entering into a Deed of Dedication with Fields in Trust.
If your application is approved, is the proposed transferee willing to enter into a new Deed of Dedication with Fields in Trust?:
Please tick to indicate you will upload proposed transferee confirmation letter.
Are you satisfied that the proposed transferee has the means to maintain the space?:
Request for a change of use of land from recreational to non-recreational
Any change of use must be consistent with Fields in Trust’s charitable objectives and it is likely that any other use will not be acceptable. Therefore the applicant may wish to put forward replacement land in accordance with our Disposal Policy .
Will the change of use be permanent or temporary (excluding temporary car parking or site compound)?:
Is replacement land being offered?:
If yes, please provide details:
How does the change of use impact on peak usage times?:
What measures will be taken to minimise the impact on regular park users?:
Request for change of Holding Trustee
Where the protected green space is registered in the name of individual Trustees and a Trustee is being replaced, or a new Trustee is being appointed, a Deed of Appointment and Retirement of Trustee or a Transfer Deed will be required for the change to take effect. In order to consider the proposal, we require a copy of the proposed Deed and our approval is given on condition that a new Deed is entered into with Fields in Trust to transfer the rights and obligations under the Deed of Dedication to the new Trustee.
If your application is approved, will the new Trustee agree to enter into a supplemental Deed with Fields in Trust agreeing to be bound by the terms of the existing Deed of Dedication?:
Please tick to indicate you will upload a copy of the draft Deed of Appointment and Retirement of Trustee or TR1.
Request for granting of a Legal Charge
Usually, such a request is linked to other developments on the site that may require Fields in Trust approval so please make sure that you complete all the relevant sections in the application form concerning the proposed development. If the proposed legal charge relates to Sport England funding, please make Sport England aware that the site is protected with Fields in Trust as they will replace their requirement with a Deed of Dedication. The user clause in Sport England’s Deed of Dedication will need to align with the user clause in the existing Fields in Trust Deed of Dedication.
Is any part of the funding a loan?:
If yes, what guarantee can you give that the loan will be repaid?:
Please tick to indicate you will upload a copy of the required draft Legal Charge.
Please tick to indicate you will upload a copy of the draft loan agreement and funding documents.
Request for granting of a Licence giving exclusive use
The permitted use in the Licence must be within the user clause of the Deed of Dedication, or ancillary to that use or complement the permitted use. A Licence to a sports club should provide some access to the general public when not in use by the club. In addition, the sports club must have an open membership and the membership fees should not be prohibitive. The application must be accompanied by a copy of the club’s constitution, draft Licence and associated plan showing the extent of the land to be included in the Licence edged or shaded in colour. We need to know what level of public access will be allowed and when. If any part of the site will have no free public access, you must specify which part and explain the reason for that.
Please tick to indicate you will upload a copy of the draft Licence.
Please tick to indicate you will upload a copy of the Licensee's governing documents.
Request for granting of an Easement or Servitude
The vast majority of easements and servitudes concern grant of rights to utility companies to allow them to install underground apparatus. It is an essential requirement that the grantee undertakes to reinstate the site following completion of works. The proposed route for the Easement or Servitude must not compromise the use of the green space for outdoor sport, recreation or play.
Request for granting of a Wayleave
The vast majority of wayleaves concern grant of rights to utility companies to allow them to install underground apparatus. It is an essential requirement that the grantee undertakes to reinstate the site following completion of works. The proposed route for the Wayleave must not compromise the use of the green space for outdoor sport, recreation or play.
Why has this route been chosen? What other spaces have been considered and why were they rejected?:
What payment, if any, has been offered by the service/utility provider?:
If your application is approved, please indicate whether you intend to reinvest the entire income into the recreational use of the space:
If no, how will you reinvest the money?:
What disruptions, if any, are the works likely to cause to the use of the site?:
What arrangements are in place for reinstatement and who will bear the cost?:
Please tick to indicate you will upload a copy of the Easement/Servitude terms.
Please tick to indicate you will upload a copy of the Wayleave terms.
Request for granting of a Lease or Sub-Lease
In order to assess your proposal, we require a copy of the Heads of Terms of the proposed Lease or a draft Lease which should include information on rent, permitted use, alterations, subleasing, assignment and security of tenure. When considering granting a lease, we advise due consideration is also given to alternative solutions which may be more cost effective, such as a licence or management agreement. Broadly we would expect to see the following provisions in the proposed Lease:
Permitted use is within the user clause of the Deed of Dedication, or is ancillary to that use or complements the permitted use.
A lease to a sports club should provide some access to the general public when not in use by the club. In addition, the sports club must have an open membership and the membership fees should not be prohibitive. A copy of the club’s constitution and evidence of reasonable membership fees are required.
The landlord must be willing to reinvest any financial gain in improvements to or maintenance of the remainder of the site.
The security of tenure provisions of the Landlord and Tenant Act 1954 must be excluded from the lease.
Absolute prohibition on alienation or alienation requires the Landlord’s consent.
Alterations to the premises is either prohibited or requires the Landlord’s consent.
If the site is held on charitable trust, evidence is required of compliance with the Charities Act 2011 (if available at the time of the request).
In England and Wales, the security of tenure provisions in the Landlord and Tenant Act 1954 means the leaseholder has the right to seek a new tenancy when the current one ends. However, where land is for community-use it is not always appropriate for the method of management to stay the same, we therefore recommend that all leases have no provision for automatic renewal and the lease is contracted out of the security of tenure provisions. Please note that the equivalent legislation does not exist in Scotland.
Request for granting of a Lease Assignment
You will need to provide us with a copy of the existing Lease, a draft Transfer Deed and a copy of the assignee’s constitution. If the assignee is a sport club, they must have open membership rules and provide details about their membership fees.
Please tick to indicate you will upload a copy of the Heads of Terms of the lease or the draft lease.
Please select one option which best describes the area involved in the proposed lease:
Please select the area of the proposed lease
On the entire space
On part of the space
On a building
On part of a building
Please state the reason for requesting a lease:
Please select the reason for the proposed lease
Extending an existing lease
Replacing an existing lease
New lease
Is the proposed leaseholder a non-corporate body?:
Are there any break clauses in the lease?:
If yes, please state what they are:
Are you intending to charge a nominal rent?:
What are the reasons for the proposed rent?:
Does the proposed lease include no right of alienation, whether by assignment or sub-letting?:
Please state who will be responsible for costs, insurance and maintenance of the leased area:
Will the lease be contracted out of the security of tenure provisions of the Landlords and Tenants Act 1954?:
If no, please give reasons why this is necessary. Please refer to the guidance notes above when answering:
If the proposed leaseholder is a sports club, please give details of its membership policy and provide details of the membership fees:
Does the proposed leaseholder intend to introduce any charges for the use of the demised premises?:
If yes, please provide details and the reasons for the charges:
Please tick to indicate you will upload a copy of the draft deed of assignment.
Please tick to indicate you will upload a copy of the leaseholder/assignee's governing documents.
Request for a new building, structure or extension
Fields in Trust always encourage the minimum number of buildings on a site in order to maximise recreational space. Fields in Trust’s main concern is with the use, footprint and location rather than the design. Multi-storey buildings can be advantageous in providing ancillary facilities without adversely affecting the quantity of outdoor recreational area. With regard to structures, the primary concern is again the use, footprint and location. A request for a building or structure often involves granting of a lease so please ensure all the relevant sections in the application form relating to these are also completed.
Policy on Building Uses for further details.
Disposal Policy which means that replacement land would be expected to be put forward.
This may be a new permanent or temporary building or structure, or replacement of or extension to an existing building or structure.
What is the proposed use of the new building/structure/extension?:
Request for a change of use of an existing building or structure
For mixed use, what proportion of the time will the building be used for purposes compatible with the permitted recreational use?:
Request for work relating to a car park
Please ensure that details of the size of the proposed car park and the number of the proposed car parking spaces are included in the application form. If there is an existing car park within the green space, please state the number of the existing car parking spaces. If the request is approved, it will likely be on condition that the car park is used solely by the users of the site. We would expect you to implement measures to ensure this use is complied with if necessary. If the car park will not be restricted to only the users of the site, you will need to offer an alternative green space to be dedicated in accordance with our Disposal Policy .
What percentage of the space is the footprint of the proposed car park?:
Will the car park have any charges associated with its use?:
What measures will be taken to ensure that the car park will be used solely by the users of the space?:
Other change to a protected space
Please provide us with information about what is happening so that we can assess your request:
