Dumfries and Galloway Council had to apply to allow the use of the land at the King George V sports complex.
A sheriff has now granted the application which paves the way for the project to proceed.
The development is part of the multi-million pound Dumfries Learning Town project to overhaul education in the town.
The new facility is designed to offer specialist higher academic and vocational studies.
It is hoped the work could start on the project later this year with completion expected early in 2019.
A court has ruled plans to create a learning hub on common good land in Dumfries can go ahead.