PF21

Legislation Committee No 1

Response  to the consultation on the Proposed Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure

Carmarthenshire County Council

1. Introduction

1.1 The National Assembly for Wales’ Legislation Committee No.1 has been tasked with considering the general principles of the proposed Community Involvement in Disposal Playing Fields Measure. The proposed Measure (see background papers section for weblink to measure) was introduced to the Assembly by Dai Lloyd AM in July 2008 following his success in the ballot giving backbench Members the right to seek leave to introduce their own proposal for legislation.

1.2 The overall aim of the measure is to ensure that proper consideration is given to a proposed disposal of a playing field and the impact on the health and well-being of the local community before the disposal proceeds.

2. Other Relevant Background

2.1 The WLGA recently undertook a survey of every local authority in Wales (via planning and leisure departments) to understand what had happened regarding playing fields across Wales in the last five years.

Results showed that 34 playing fields or sport pitches had been disposed of in the past five years. These losses were mainly due to housing, retail or commercial developments.

The consultation also asked for the number of playing fields and sports pitches gained in the last five years. The results received showed that 60 playing fields or sports pitches had been gained in the past five years.

2.2 Existing Carmarthenshire County Council Planning policy on the protection of playing fields / open space

Carmarthenshire’s UDP has the following policy:

 REC7 - Protection of recreational open space

It is the policy of Carmarthenshire County Council that any proposals which result in the loss of either formal or informal recreational open space will not be permitted, unless:

(i) it can be demonstrated, to the council’s satisfaction, that the needs or requirements of the area are no longer met by the facility;

(ii) provision is made for an alternative facility within the vicinity of the proposal;

(iii) it can be demonstrated, to the councils satisfaction, that the proposal will cause no harm to the local environment, character or amenity;

(iv) the proposal will not result in a deficit of recreational open space.

This is based on advice in Planning Policy Wales 2002. Paras.11.1.10 - 11.1.11

3. WAG Consultation Questions and CCC Replies

In order to inform its work, the WAG Legislation Committee would welcome written evidence on the proposed Measure. In particular, it is seeking views on the following:

1). Is there a need for an Assembly Measure in relation to community involvement in decisions by local authorities whether to dispose of playing fields?

Carmarthenshire County Council (CCC) does not believe that this duty is required when a range of current Welsh Assembly Government proposals and the devolved planning regime already clearly govern activity in this area.

Local authorities do not simply dispose of playing fields without due consideration to the wider leisure and recreation provision in the locality.

Local authorities already comply with strict planning controls, including the existing legal provision in Section 123 of the Local Government Act 1972 which stipulates that local authorities must advertise their intention of selling or leasing public open space land and consider any objections received. If a local authority fails to do this, then it can be resolved through judicial review. The Assembly Government and the Sports Council of Wales also have considerable powers to directly influence planning outcomes.

2. What are your views on the key provisions set out in the proposed Measure, i.e.

- the duty on local authorities to consider the impact that selling off playing fields would have on local communities before deciding whether to dispose;

CCC believes that this duty is unnecessary as consideration of the impact of selling playing fields is already vigorously considered as part of the LDP process and, additionally in the Open Space Assessment process likely to be included in the revised TAN 16 guidance.

Playing fields must be looked at as a 'flow’ rather than a 'stock’ and cannot be considered in isolation of a number of other local authority planning responsibilities. It must be understood that some playing fields will be periodically lost, due to development, but at the same time, significant number of new ones are developed, which often serve to improve the wellbeing and prosperity of the community even better.

Whilst accepting that there has been a significant demand on playing pitches with the development of club based junior sport (especially with mini Rugby and Soccer), it  must also remember that there has been a massive growth in the number of All weather pitches, which can be used year round, resulting in less traditional pitches being required for training. Carmarthenshire also has two indoor training barns within the county, which offer the same kind of excellent provision.

In the context of a community’s health and well-being, there is a need to see physical activity issues becoming more prominent within local authority Health, Social Care and Wellbeing strategies and this is currently being addressed in a number of ways:

The new action plan for physical activity is currently being developed by the Welsh Assembly Government, led by the Health Promotion unit and overseen by the Chief Medical Officer. Key actions from this plan are likely to result in the improved integration of physical activity issues in wider Health and Wellbeing planning processes within local authorities.

For example, all local authorities in Wales are currently developing their first Local Authority Partnership Agreements (LAPAs) with the Sports Council for Wales which also provide the opportunity for better integration and scrutiny of physical activity priorities and decisions within the context of each of the three statutory plans - the Community strategy, Children and Young People’s plans and the Health, Social care and Wellbeing strategy.

- the principal definitions (Section 2);

Clarification is required regarding the definition of "disposal”. Many sports clubs, trusts, town / community councils and voluntary associations within Carmarthenshire (especially in the former Carmarthen District Council area) will have long-term leases or transfer of titles of their playing fields and facilities. The principal definitions need to ensure that such agreements are excluded from what is termed as a "disposal” as they do not change the use of playing fields.

- the duty on local authorities to prepare and consult on impact statements before deciding whether to dispose (in particular, the method and scale of consultation, and content of impact statements)(Section 3);

In terms of impact statements the authority believes the more holistic process set out in TAN 16 is more appropriate and would allow a more rounded consideration of the leisure and health needs of communities.

The key changes envisaged within the new TAN 16 include:

changes to the development control system consultation - including a proposal that all planning applications which affect playing fields of 0.2 hectares (as against the current 0.4) would need to be brought to the Sports Council’s attention. CCC believes that this is a sufficiently robust process for consulting on the development of or disposal of all playing fields.

open space assessments - this should identify existing need and anticipate future need for formal and informal recreational open spaces and would be used to inform the preparation of the LDP. Again, this process is rigorous, detailed and costly and involves wide consultation which the authority  believes is more than adequate in identifying the future use and needs of accessible open spaces, including playing fields, pitches and outdoor sport facilities.

typology of open space - this will include revised definitions to inform the planning process. The recommended new typology of open space will result in a much more rigorous approach to the assessment and provision of open space and leisure facilities.

One of the key aims of the open and natural green spaces assessments is to protect adequate leisure provision and to ensure that only land that can be evidenced as surplus can be disposed of. This ensures that new LDP policies are soundly based and that any contributions required from developers can be fully justified.

Carmarthenshire County Council is currently in the process of undertaking such a Green Space Assessment of the County, with support funding from CCW. This assessment and wide-ranging consultation exercise will provide an excellent, robust measure of under or over provision of accessible green space across the county, in relation to it’s population and settlement areas, greatly assisting in informing future planning policy for the County.

- the duty on local authorities to prepare a decision statement, including its content, and the arrangements for making known its decision (Section 6);

There is already a statutory process for the consideration of these issues, namely the planning system, which allows the balanced consideration of the full range of issues concerned. It is our view that the current process is suitably robust and sufficient.

- the statutory consultees as set out in the Schedule to the proposed Measure; and

Local government, and especially the planning regime, is often criticized concerning the time issues take. This is often a function of the need to elicit responses from a range of statutory consultees who often fail to respond in a timely manner. This will be further complicated by the proposed process as it will not always be clear who the appropriate point of contact for communication. This could lead to potential legal challenge and a great deal of investigation to ensure that all relevant parties are contacted. All relevant local organisations are asked to participate in the current local development plan and greenspace assessment processes where all the evidence and issues can be addressed holistically.

The current list of statutory consultees consists of groups with a considerable vested interest in the issue of playing fields, without knowledge or understanding of the 'bigger picture’ locally, which local authorities have to grapple with on a day to day basis. Fields In Trust (FIT) Cymru, would be obliged to oppose any disposal of a playing field, even if there were strong and sensible reasons for the disposal and replacement fields and pitches identified.

- powers of Welsh Ministers to issue stop and remedial directions to local authorities (Section 7).

The authority feels that the powers of stop and remedial action are inappropriate. The Minister already has wide ranging call in powers concerning planning applications and as such additional powers are unnecessary.

3) What are the practical and financial implications of putting these provisions in place?

We are concerned that the detailed financial implications of this Measure on local authorities has not already been considered and fully costed as part of the Measure’s drafting process.

4) Will the proposed Measure achieve its overall purpose and aim?

It is not clear what the proposed Measure will bring that is not currently delivered through the planning regime. In many ways it will result in a very narrow single issue debate that does not allow a holistic approach to leisure and recreation facilities across the local authority. It will also potentially remove the flexibility to regenerate areas

4. Summary

4.1 CCC is of the view that the current planning regime is effective in protecting and enhancing this valuable resource. In this context it is not clear what the measure will add.

5. Recommendation

5.1 It is recommended that the proposed measure be NOT supported.