A school is having to turn away potential pupils - despite having a block of ten classrooms standing empty in its grounds.
Eastwood School in Rayleigh Road, Eastwood, is over-subscribed but is currently powerless to utilise the extra space.
An appeal to the Government to spread into A-block was refused - because the building is leased to South East Essex College. The arrangement dates to 1992 when the college was incorporated - made independent from Essex County Council.
The Department for Education ruled that the college should be given a 15-year-lease on A-block which it was using at the time. However, shortly afterwards the premises was vacated and since then has stood unused.
The legal standing of the lease is something which Eastwood School has challenged. Head-teacher David Penketh said that at the start of this academic year the school had 300 applications for 120 places.
He admitted extra space, with the appropriate extra funding, could be utilised.
Assistant education director at Southend council, Alistair Robertson, said: "The block was part of the school, but when the college was incorporated it was given a lease for any buildings it was using at the time."
"The school recently challenged the situation but the Department for Education ruled that the college has user rights. However, the college could sell the remainder of the lease."
A college spokesperson said: "We intend to use the building at Eastwood School. We will be making decisions in the next few months."
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