CONTROVERSIAL plans to build a new school on Leyton Cricket Ground may not be legal without the permission of the Charity Commission (CC), according to one of its officials.

The council plans to merge three schools to create a 1,700 "learning and leisure" campus on land at the Leyton Youth Centre, in High Road.

The plans have alarmed teachers, parents and residents who are concerned about loss of green space, and the potential loss of independence of the schools under proposed trust arrangements.

But in a letter to a resident, the Charity Commission says the land is "specie" land, meaning it is held by trustees and designated for a charitable purpose.

The letter says: "The position is the council will be unable to develop the land without the prior consent of the Charity Commission.

"It is difficult to see how building a school on the site can be said to further the charitable purposes for which the land was given."

The commission adds that in theory specie land can be built on if another strip of land is created meaning there is no net loss of open space, but a council spokesman has said early sketches show a new building with a footprint of 0.875 acres.

The letter also says the commission is trying to establish who the trustees are - although the council insist it owns the land.

Rinaldo Frezzato, National Union of Teachers (NUT) division secretary, welcomed the news.

He said: "If the Charity Commission does not give permission it will be a relief for the many groups of residents who have campaigned in the name of Leyton Triangle to stop their beloved Essex county ground from being built on.

"This same group of residents, along with many others sent hundreds of letters of objection over the change of use of the land and also objected to the formation of a trust school."

Teachers at Norlington School for Boys, which will be merged with George Mitchell Secondary School and Beaumont School under the scheme, have requested to ballot for strike action if the new school is built.

The council has to date insisted it owns the whole of the cricket ground site and has said it has been advised that the school plan does not breach a covenant on the land stating it should be used for recreational purposes.

An application to change the use of the land has now been submitted by the council and a public consultation launched.

The application had to be re-submitted because there was a typing error on the original public notice.

A council spokesman said the council has held the freehold to the land since 1948 and is in correspondence with the Charity Commission.

A Charity Commission spokeswoman said: "Concerns have been raised with the Charity Commission regarding Waltham Forest Council's proposal to build a school on Leyton Sports Ground.

The commission is in correspondence with the council to give advice concerning the land's charitable status and in order to ascertain whether the proposals comply with charity law.

The commission has also written to the charity to request an update on the details of the trustee body."

A council spokesman said the Charity Commissionmay have "misunderstood" the situation.

He added that the authority believes the legal process it is undertaking will allow the school to be built.