PF4
Legislation Committee No 1
Proposed Playing Fields (Community involvement in Disposal Decisions) (Wales) Measure
Written evidence from the Welsh Local Government Association and Planning Officers Society for Wales
1. Introduction
1.1 The Welsh Local Government Association (WLGA) represents the 22 local authorities in Wales, and the three national park authorities, the three fire and rescue authorities, and four police authorities are associate members.
1.2 It seeks to provide representation to local authorities within an emerging policy framework that satisfies the key priorities of our members and delivers a broad range of services that add value to Welsh local government and the communities they serve.
1.3 The Welsh Local Government Association welcomes the opportunity to respond to the consultation on the proposal for the Proposed Playing Fields (Community Involvement in Disposal Decisions) Measure.
2. Background
2.1 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.
2.2 It is disappointing to note that this measure is still being pursued in light of the responses previously received by this committee. In a period where the administrative
burden on business and consequently council tax needs to be constrained to ensure the viability of our communities then this measure appears increasingly irrelevant.
2.3 The Welsh Local Government responded to the initial consultation on the proposed measure in June 2008. We have also discussed the revised proposed Measure in detail with local government including the local government Chief Leisure Officers network and the Planning Officers network in Wales.
3. WLGA Response - General Comments
3.1 The Welsh Local Government Association’s view on this proposed measure remains unchanged. The Measure is not required given the protection and engagement afforded by the planning regime in Wales. Assembly Members will be very aware of the extensive consultation and community engagement that is currently being undertaken as part of the local development plan preparation process. These Community Involvement Strategies are approved by the Welsh Assembly Government to ensure that they are robust and fit for purpose.
3.2 The planning application process which would result from any change of use of a playing field would also be subject to extensive consultation within the local community.
This allows a balanced view as it clearly would set out the use the land would be put to, e.g. affordable housing, and would set out any compensatory measures such as the provision of additional leisure/playing fields elsewhere.
3.3 Following the initial consultation on the proposed measure, the WLGA 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. Obviously the introduction of such an involved process requires a clear business case to determine where it adds value to current processes. The results of that consultation are set out below:
3.4 Seventeen of the twenty-two local authorities responded to the research exercise. The WLGA asked for the number, type and size of playing fields disposed of and gained within the past five years.
3.5 The results showed that 34 playing fields or sport pitches had been disposed of in the past five years. The vast majority of disposals seemed to be playing fields, between 0.7 ha and 1.79 ha in size. These losses were mainly due to housing, retail or commercial developments. There were two examples of disposals due to school re-development and two examples (Swansea and Cardiff) of disposals linked to the re-development of stadia.
3.6 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. Of the information available, it again showed that the majority of these gains were playing fields of between 0.7 and 2.5 ha in size. There was also a number of artificial turf pitches (ATPs) noted as gains.
3.7 The reasons provided for the gains, included housing and commercial developments, including newly built stadia. Section 106 agreements were often being utilised to secure these gains. There were a number of gains as a result of school re-development and two examples of gains due to lottery funding were also provided.
3.8 This research shows that there has been a net gain of playing fields or sports pitches across local authorities in Wales at a ratio of almost 2:1 in the past five years.
3.9 The WLGA also asked the Sports Council for Wales for their data on planning applications received, which put playing fields under threat, broken down by local authorities.
3.10 The Sports Council data included 10 playing fields which were under threat or had been disposed of in the past five years. However, their data showed that there had been 29 new developments gained during the same period. According to this data, the net gain in playing fields over the past five years is therefore at a ratio of almost 3 :1
3.11 It must be noted that only five of these were new grass pitch developments. The other new developments were mainly multi-use games areas and astro turf pitches. The main reasons for disposals within SCW data were similar to the WLGA’s research findings - mainly residential and retail developments and school re-development. Although the SCW is aware of other existing plans to dispose of fields, the planning process has not yet been completed in some cases, and applications may be turned down in time.
3.12 his clearly underlines our previous contention that the current planning regime was effective in protecting and enhancing this valuable resource. In this context it is not clear what the measure will add.
4. WLGA Response To Consultation Questions
4.1 Is there a need for an Assembly Measure in relation to community involvement in decisions by local authorities whether to dispose of playing fields?
The WLGA does not believe that this duty is required. The legislative route for seeking additional powers should be used where significant gaps in current powers exist. It is difficult to argue the case for this Measure, when a range of current Welsh Assembly Government proposals and the devolved planning regime already clearly govern activity in this area.
There does not seem to be any compelling evidence to justify this measure or to explain why the existing powers are inadequate - in fact, it is clear that there has been a net gain of outdoor sport facilities during the past five years, without any Measure in place. This surely proves that current Welsh Assembly governance of the planning regime adequately addresses this issue.
Local authorities do not simply dispose of playing fields without due consideration to the wider leisure and recreation provision in the locality. There does not seem to have been any impact assessment of the financial obligations which local authorities would face to comply with this measure, and it is therefore difficult to ascertain its value for money.
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.
There is a real issue in general regarding the value added by these proposals. They appear to be exceptionally bureaucratic, duplicate other processes and fail to acknowledge that unused playing fields can represent a significant asset which if realised can help
deliver real community benefit and wider strategic goals such as affordable housing and/or investment in local schools which are also key Assembly priorities.
4.2 What are your views on the key provisions set out in the proposed measure including:
- the duty on local authorities to consider the impact that selling off playing fields would have on local communities before deciding whether to dispose
The WLGA 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. As our research, and the data collated by the Sports Council of Wales demonstrate clearly, there is not always a net loss. We must also remember that there has been a massive growth in the number of ATPs, which can be used year round, and in all weather conditions, which results in less traditional pitches being required for training.
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)
The principal definition of a "local authority” seems to be an accepted definition.
We would require clarification regarding the definition of "disposal”. Some local authorities arrange long-term leases or transfer of titles of their playing fields and facilities to sports clubs, community councils or charitable trusts. 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 (Section 3)
In terms of impact statements the WLGA 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. The WLGA 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 WLGA believes is more than adequate in identifying the future use and needs of 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.
The local planning authority duties under the NERC Act and Habitats Directive also provide a clear protection framework with clear need for detailed consideration and consideration of compensatory habitats.
Current local planning policies, including Section 106 agreements can also put a requirement on developers to provide adequate new leisure provision where any significant loss of such facilities (including playing fields and outdoor sport facilities) can be demonstrated. Unfortunately, lack of available capital investment and maintenance means that some leisure provisions, including playing fields have seen a decline in their quality. Local authorities can make use of Section 106 agreements to dispose of a section of a playing field area in order to improve the remaining stock.
If local authorities were to prepare and consult on impact statements each time a playing field was considered for disposal, there would be significant additional cost, probably with the use of external consultants to ensure independence and impartiality. This would be in addition to the processes set out above.
There also needs to be more clarity in terms of how the proposed impact assessments could accurately measure the effect that losing a playing field has on the local community. It would be very difficult to apportion the decline in health and wellbeing as a direct result of the loss of a playing field, without taking any other factors into account.
- the duty on local authorities to prepare a decision statement, including its content, and the arrangements for making known its decision (Section 6)
The duty is overly bureaucratic, appears to add little value and will do little to facilitate an informed local debate. There is a lack of a clear rationale as to why this methodology should be applied to this issue in particular when it is not applied to all aspects that affect local communities.
The consultation process set out in the proposed Measure is likely to generate a great deal of local debate - and that is understandable. However taking this issue in isolation out of the strategic context, away from the delivery of wider community aims, runs the danger of merely looking at very localised issues. There is 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.
Within this context it is clear that the process set out in the measure would result in an additional burden upon local authorities in terms of both time and resources. The WLGA would expect to see this fully funded within the settlement process if these proposals are to be taken forward.
School re-organisation plans sometimes include the sale of land. This proposed measure could create long delays or even stop school re-organisation on the basis of the playing fields disposed of. This would make this proposed process more onerous than that required for school closure, and result in significant additional costs and delays for local authorities.
- the statutory consultees as set out in the Schedule to the proposed Measure
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 in the list as it will not always be clear who the appropriate point of contact for communication. This will 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 local development plan process 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. 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.
The process, for consulting on both the impact statement and the subsequent decision made, particularly in terms of the newly proposed duty to consult with "the occupiers of every household in the relevant ward(s)” is also incredibly detailed and costly to implement. This is a considerably more time-consuming and exhaustive process than that currently set out for any other existing planning consultation process, including those for substantial developments!
There would also need to be a clear definition of what is meant by "relevant wards”. For instance, some playing fields and pitches serve a wider community such as a city or a region rather than just the immediate locality. Would local authorities be expected to consult with all those affected by a proposed disposal? The costs involved with such a consultation requirement would be extremely high.
If local authorities are to consult with the community, there are much more cost-efficient ways of doing so without writing out to every potentially affected household. For example, considerations for disposals could be placed on a local authority’s website or a notice submitted in a local newspaper, or included in a council newsletter or via a press statement. All these suggestions would enable the local authority to consult widely without heavy financial implications attached.
- powers of Welsh Ministers to issue stop and remedial directions to local authorities (Section 7)
The WLGA 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.
Local authorities must be provided with the necessary flexibility to assess the most appropriate actions when developing sites, otherwise local leadership and the accountability of councils is seriously undermined.
Local government must be trusted to use its knowledge of local specific sites and the experience of its officers and members in making considerate and robust planning decisions which take into account a number of "big picture” local issues.
4.3 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.
It is very difficult for us, in the timescale available, to ascertain a clear estimate on what the financial implications for this provision would be. We are currently looking to gather more detail to respond to this question in more detail when we present at our evidence session to committee. However, we can assume the following:
Direct costs include the preparation of underlying benchmark data to measure the impact of proposals; the enhanced consultation process on the impact assessment and subsequent decision statement and the publication of results.
Indirect costs which arise include officer time for preparing the information required for the impact assessments and the consultation process, which would also preclude them from undertaking their usual day-to-day work.
The potential opportunity cost must also be taken into account if proposed developments of benefit to the local community are unable to proceed, and the capital receipts deriving from these are not received.
4.4 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, develop school infrastructure and tackle affordable housing issues.
Local authorities should be trusted with their knowledge and expertise of a local area, to make sound judgments and decisions when proposing to dispose of a playing field. Additional regulation and duties placed on local authorities will not assist in any way except to create unnecessary additional time and resource constraints on already stretched local services.
The WLGA does not at this stage consider that the Measure represents a proportionate and effectual way forward and does not add significant value over and above the current/proposed regime.
For further information please contact:
Craig Mitchell - craig.mitchell@wlga.gov.uk / Heledd Bebb - heledd.bebb@wlga.gov.uk
Welsh Local Government Association
Local Government House
Drake walk
Cardiff
CF10 4LG
Tel: 029 2046 8600
Appendix 1
Examples Of Exisiting Local Authority Policies On The Protection Of Playing Fields/Open Space
1. Carmarthenshire County Council
Carmarthenshire 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
2.Ceredigion County Council
Ceredigion’s UDP policy as follows:
CER2.5 Loss of Existing Playing Fields and Open Space
Proposals which involve the loss of existing recreation playing fields or amenity open space will only be permitted where:
1 The developer can demonstrate that development will give rise to enhanced provision of sports or open space facilities;
2 Alternative provision of equivalent community benefit is made available
Reasons for Policy CER2.5
The existing playing fields and amenity open spaces within the towns and villages represent a valuable recreation and general amenity resource for the
community. The facilities offer safe play areas for children, and are green lungs or corridors in otherwise built up areas. As pressure for development
grows it becomes increasingly more important to protect existing playing fields and open spaces. These areas include parks, public gardens, play areas, playing fields whether owned by private or voluntary organisations, and green wedges or corridors within or adjacent to the built environment.
These are the open spaces, which, if lost, would be difficult to replace.
3. Pembrokeshire County Council and Pembrokeshire Coast National Park Authority (Joint UDP)
Policy 120 Loss of Recreational Open Space ▲
Development on recreational open space will only be permitted where:
i) it can be demonstrated by the applicant that the facility no longer meets/serves a continuing local need; or
ii) the applicant will provide a suitable replacement; or
iii) facilities can best be retained and enhanced through the redevelopment of a small part of the site.
The aim of this policy is to safeguard existing publicly accessible open space areas which are used for recreation purposes from inappropriate development. SPG showing all sites protected within the County Council's planning jurisdiction will be prepared. Only those that are over half a hectare in size are shown on the Proposals Map, if within a settlement boundary. Within the National Park all recreational open space sites protected by this policy are shown on the Proposals Map. In terms of this policy 'recreational open space' includes playing fields and play areas which are accessible to the public. In evaluating issues of supply, reference will be made to any relevant up-to-date local needs assessment and the NPFA standards.
The applicant will need to justify that there is insufficient demand for the facility or that there is an oversupply of that form of recreational space in the community. If this cannot be justified then the applicant will need to provide for a suitable replacement. Where a replacement is proposed, the LPA will expect it to be equally accessible and of equivalent size and quality within the same locality. A legal agreement will usually be sought setting out what the alternative facility will consist of and how development will be implemented, considering matters such as site ownership, maintenance and refurbishment to cover at least a ten year period. Occasionally it may be appropriate to permit a small part of the site to be redeveloped for other purposes and in doing so help to improve the condition or provision of the recreational facilities, through income raised by sale of the land or through use of planning obligations.
In assessing levels of provision (particularly in respect to villages and rural areas) full account will be taken of the degree to which neighbouring communities contribute to serving identified needs. Such an approach is compatible with the principle of building sustainable communities. Recreational space of all sizes is protected by this policy.
4. Rhondda Cynon Taf County Borough Council
Policy r7 - Protection of existing outdoor leisure facilities
Proposals involving the loss of part or all of any sports grounds, play grounds, parks, "pocket parks”, amenity open spaces, kick-about areas, allotments or similar public open spaces will not be permitted, except as part of a scheme which:
1. enhances provision of the same facility in the same neighbourhood; and
2. includes acceptable proposals for future use of the existing site.
Proposals which involve the loss of any part of Ynysangharad Park, Pontypridd will not be permitted.
Recreation open space is normally too costly to reinstate once used for development. This policy is to ensure that public leisure space remains available to the community in the long term, despite the fact that some may be underused meanwhile. Flexibility is given to close facilities provided that better provision is made nearby, and that any redevelopment of the site is acceptable under other policies. These would include policies for the special landscape areas (en5), commons (en6), SSSI (en10), historic parklands (en58), conservation areas (en45-50), listed buildings (en51, en53), ancient monuments (en54) and urban open spaces (en59). Ynysangharad Park is excluded from this arrangement to emphasise its permanency.
Allotments are included in policies r6 and r7 as an example of recreation facilities where pressures for alternative development are to be resisted. The Council will also support increased provision of allotments where in demand and where opportunities arise. However, as allotments are legally an agricultural use, their provision does not involve the need for planning permission.
5. Ynys Môn County Council
The adopted Ynys Mon Local Plan Policy 16 states:
" Development proposals which would lead to the loss of public or private open space will be refused where the open space has significant recreational, amenity or wildlife value".
6.Newport City Council
The following are extracts from the Newport UDP 1996 - 2011 adopted in may 2006:
From Part i:
Recreation, Education and Community Facilities
Recreation, Leisure and Tourism
SP19 Existing recreation and tourism facilities will be safeguarded with proposals for major new leisure developments being subject to the sequential test.
Improved access to the countryside and informal countryside recreation will be encouraged where appropriate.
From Part ii:
Development of land used for sport and recreation
CF1 The development for alternative purposes of land used for sport and recreation will only be permitted where:
i) the land is surplus to long term requirements;
ii) the proposed use is compatible with the environmental policies of this plan.
Protection of playing fields
CF3 Development involving the loss of existing playing fields and other open space with recreational value will only be permitted if alternative provision of the same community benefit is made available or the existing provision is surplus to requirements.
7.Swansea City and County Council
Community Recreational Land
Policy HC23
Development proposals that involve the loss of land for community recreation purposes, whether in public or private ownership, will only be considered favourably where:
(i) facilities can best be retained and enhanced through the development of a small part of the site, or
(ii) alternative provision of equivalent community benefit is made available, or
(iii) there is an excess of provision in the area, or
(iv) a wider community benefit arises, or
(v) the existing and potential recreational or
Amenity or natural heritage or historic environment value of the land is maintained.
New park/recreational open spaces will be developed at weig fawr farm, cockett and heol las, birchgrove.
Main cross references: SP8-9, EV3, EV11, EV24-26, HC1-2, HC26, HC28
National Planning Guidance: PPW; TAN 16
SPG: Open Space Provision (forthcoming)
Amplification
3.5.14 It is important to retain and improve community recreation land to maintain access to open spaces, promote healthier lifestyles and tackle health inequalities. Some of this land is protected by Policies EV22-24 on the basis of its contribution to the natural environment and, whilst not shown on the Proposals Map, Policy HC23 applies to land within the open countryside and green space system which has a specific recreational function. Elsewhere within the defined urban area community recreation land is identified on the Proposals Map. However the precise boundaries of each location will not be known until a full open space audit is completed. In the case of school playing fields, TAN16 states that schools should be seeking to preserve the optimum area of playing fields available rather than looking to secure a minimum provision. Any excess in provision will be assessed by individual cases as and when appropriate. The assessment will be based on the standards of the National Playing Fields Association. In addition to the tests imposed by this policy, TAN16 requires that the disposal of school playing fields will also depend on whether the site will be required in the longer term for school or community use. Planning obligations may be sought to ensure proper maintenance.
3.5.15 Where alternative provision is to be made, the new facility must be easily accessible
to the community and be comparable in terms of size, quality and type.
Play Areas / Public Open Space
Policy HC24
All new housing development will be required, where the level and nature of open space provision in the locality is inadequate to meet the needs of the future occupiers of the development proposed together with the needs of the existing population in the locality, to:
make provision for areas of open space either within the site or at an appropriate location in relation to the development, or
contribute towards the provision or improvement of existing off-site facilities in the locality through a commuted payment.
Developers will be required to make appropriate arrangements for the management of these areas.
Main Cross References: SP8-9, EV24, HC1-2, HC17
National Planning Guidance: PPW
SPG: Greenspace/Open Space Strategy for Swansea (forthcoming)
Amplification
3.5.16 In order to satisfy the requirements of the above policy, areas of open space should be provided in accordance with the National Playing Fields Association Standard. The provision should be well related to the housing that it is intended to serve with the exact form and type having regard to the nature and size of the development and the needs of the residents. Where appropriate the concept of homezones will be encouraged.
3.5.17 All new housing developments, including single dwelling developments, should contribute towards open space provision if a need is identified. The extent of provision appropriate to an area depends on local factors such as existing provision, its type, location and quality, the profile of the catchment population and scale and nature of development proposed in the locality. Where a deficiency in open space is likely to occur or be worsened as a result of a new housing development, the Council will seek to enter into a planning obligation to secure either the provision of open space or a financial contribution towards providing or enhancing nearby facilities. Where appropriate, individual Development Briefs will highlight the requirements. In addition to the recreational requirement developers may wish to provide amenity space as part of their proposals which might include informal open space, buffer planting, landscaped verges or wildlife sites.
3.5.18 Developers will be required to make appropriate arrangements for the future management of these areas. Section 106 Agreements may be sought to arrange commuted sums for such maintenance where this is to be carried out by the Council.
8.Wrexham County Borough Council
The Wrexham UDP (adopted February 2005) policy is as follows:
Playing Fields, Children's Play Areas and Open Space
Policy CLF 4
The redevelopment of sports grounds, playing fields, children’s play areas and informal open spaces and allotment gardens for uses other than sport and recreation will not be permitted unless:
a) redevelopment of only a small part of the site would allow the retention and enhancement of that existing facility; or
b) the long term requirement for the facility has ceased and it would not lead to, or increase an existing shortfall of that facility in the immediate locality; or
c) the loss can be replaced with an equivalent or greater provision in the immediate locality. Alternative sites should be within settlement limits or, in exceptional circumstances, adjacent to settlement limits provided that associated buildings, lighting, and parking facilities are not intrusive in the landscape and user accessibility is not reduced.
Reasoned Justification
Over 70% of local communities exhibit deficits in playing fields provision; deficits are particularly severe in Wrexham, Cefn Mawr, Broughton, Coedpoeth, and Penycae. Approximately 90% of local communities also exhibit deficits in the provision of children's play areas. Significant emphasis will be placed on the protection of existing playing fields, which will be safeguarded from development and retained for recreational use. Increasing importance is placed on the contribution to the character of the local landscape and townscape and residents' quality of life made by open space through both its active recreational and visual contribution. The National Playing Field Association standards of provision for playing fields and public open space (i.e. a minimum of 2.4 hectares of outdoor playing space per 1000
population) will be used in assessing the level of existing provision.
The provision of facilities with synthetic or other surfaces capable of intensive use does not justify the release of grass facilities.
9. Gwynedd Council
Policy CH40 - Safeguarding Open Spaces Of Recreational Value
Proposals that will lead to the loss of existing open spaces of recreational value including any associated facilities will be refused, unless it can be demonstrated to the satisfaction of the Local Planning Authority that:
1. the facility is no longer needed by the local community, or that the remaining provision is sufficient to satisfy that need, or
2 alternative provision which is at least of the same standard is being offered in an area equally accessible to the local community in question, or
3 the development is a small part of the site and would be the best way of ensuring the future and improvement of that facility;
4. additional sports related development is required to enhance the range and quality of the existing sporting provision on the site;
5. the site in question is not important to biodiversity and not important in terms of landscape quality and visual amenities.
5.6.4 Explanation - Open spaces of recreational value (i.e. play areas with formal play equipment, play areas, informal open spaces, urban parks and allotments) play an important part in satisfying the recreational needs of local communities and are an invaluable amenity resource. This Policy applies to those areas shown on the Proposals Map (i.e. those within development boundaries) as well as those outside the built form of towns and villages. The aim of the Plan is to protect such resources from development.
5.6.5 However, the policy will allow re-development in appropriate circumstances provided that specific criteria can be met. Due to the special significance of playing fields and green areas, proposals which offer the provision of synthetic facilities or intensive use surfaces will not be a sufficient reason to justify the release of such areas for other purposes.
10. Denbighshire County Council
Recreation & Open Space
Policy REC 1 - Protection of Existing Open Space
Development which would result in the loss of existing open space that has recreational and/or amenity value, including those areas shown on the proposals map, will only be permitted where:-
I) the open space can best be retained and enhanced through the redevelopment of a small part of the site;
Ii) alternative provision of equivalent community recreational benefit is made available;
Iii) there would be an overall community gain from the development and the particular loss of open space will have no significant unacceptable affect on local open space provision or the amenity and character of the area.
Open spaces are of special significance for their recreational and amenity value. For the purposes of this policy, open space includes formal and informal open space whether in public or private ownership. These areas include parks, playing fields (including those in educational use) urban green-spaces and allotments.
In certain circumstances it might be beneficial to allow the redevelopment of a small area of underused or poorly maintained open space so that the remainder can be safeguarded and improved, so better meeting local need. Development on areas of open space may also be permitted where alternative provision can be made. However, the new open space must be easily accessible to the local community and be at least equivalent in terms of type, quantity and quality to that which is being replaced.
Where development would result in an overall benefit to the community based on an acknowledged need, such as a built sports or community facility, the loss of open space may be permitted where there is a proven and clear excess of that type of open space in the locality. The fact that some areas of open space may have become degraded or underused will not affect their status as protected areas as they could make a positive contribution in the future. It may be possible to improve open space during the plan period through developer contributions (Policy REC 2).
Policy REC 2 - Amenity & Recreational Open Space Requirements in New Developments
Where appropriate new development should provide landscaped amenity areas as an integral part of the development.
New residential development must make provision for recreational open space in accordance with the county standard of 3.2 hectares per 1000 population.
Where significant developments are proposed, including residential, retail, tourism, employment, and leisure uses appropriate levels of landscaped amenity areas should be provided. These areas should be designed as an integral part of the development in order to ensure they contribute positively to enhancing the development and surrounding area. These areas should not consist of 'leftover’ and other unsuitable areas of land which can also be difficult to maintain.
In residential developments of 10 or more units, and where existing open space cannot meet the needs of a proposed residential development, then the scheme will be expected to contribute to open space in accordance with the County standard. Open space can include formal pitches, play areas, informal urban greenspace including landscaped amenity areas. The exact amount of open space required will be related in scale and kind to the development, and depend on the particular nature of each application, for example sheltered housing schemes will not be expected to make provision for children’s play space.
The County has adopted a minimum standard for open space of 3.2 ha per 1000 population. This standard is broken down into the following categories:
Community Recreational Open Space (CROS) 2.4 ha
(e.g. playing fields, parks)
Children’s Play Space
(e.g. equipped playgrounds, casual play areas 0.8 ha
The open space required must be provided so that it is of benefit to the occupants of the new development. Ideally open space will be provided on-site, or in certain instances off-site but close to and accessible to the development. Where these two options are not practical or feasible, as could be in the case of sports pitch provision, then the Local Planning Authority may consider the use of 'commuted sums’, whereby applicants would then pay the County Council a reasonable sum to provide the required open space on their behalf. Commuted sums would then be used to layout new open space or improve and enhance existing open space. Sums would not be used for the maintenance of existing open space. The exact form of open space provision will take will depend on the nature of each application. However generally CROS provision should include a minimum of between 1.6 and 1.8 ha’s for outdoor sport in accordance with the National Playing Fields Association recommendations.
Where the open space requirement is provided through commuted payments any future open space provision should be within the same community council area as the development. In certain cases provision may be made in an adjacent community if the open space provided would be of greater or equal benefit to the occupants of that development.
Applicants will have to make appropriate arrangements for the future maintenance of landscaped amenity areas, and for other open space where this is principally of benefit to the development itself, for example where it has been provided on or close to the development. It may be necessary to secure provision of open space through planning conditions, and payment of commuted sums for open space provision and maintenance through the use of legal agreements. Any planning agreements will be made in accordance with Welsh Office Circular 13/97 'Planning Obligations’. Further details are available in a Supplementary Planning Guidance Note.
11. Bridgend County Council
Policy RC3
Development which adversely affects an existing or proposed recreation facility, whether formal or informal, will be permitted only where:-
1. The Developer is prepared to provide alternative facilities of equivalent community benefit; or
2. In the view of the Local Planning Authority there is an excess of provision in the area; or
3. Facilities can best be retained and enhanced through the redevelopment of a small part of the site
12. Cardiff County Council
Policy 7
Protection of Open Space
Development proposals involving the loss of recreational or amenity open space, whether in
public or private ownership, will only be permitted where:
(i) they would not cause or exacerbate a local or city-wide deficiency of recreational open space and the open space has no amenity or nature conservation importance; or
(ii) the developers provide satisfactory compensatory open space .
Caerphilly County Borough Council
General Design Considerations
CW 5 Development proposals must exhibit good design which entails satisfying the following criteria:
A The context of the site is respected and complemented in terms of its setting, scale, density, layout, access arrangements, design, materials and landscaping
B Appropriate open space to serve the development is provided or maintained
C Opportunities have been taken to provide for biodiversity and landscape enhancements
Protection of Open Space
CW 10 Proposals for development on areas of open space within settlements will only be permitted where:
A The amount of open space remaining in the neighbourhood would still be adequate to serve local needs;
B The site has no significant value as a recreational resource or an area of visual amenity
Leisure and Open Space Provision
CW 13 All new housing sites capable of accommodating 10 or more dwellings or exceeding 0.3ha in gross site area will be required to make adequate provision for:
A. A well designed useable open space as an integral part of the development; and
B Appropriate formal children’s’ play facilities either on or off site; and
C Adequate outdoor sport provision either on or off site,
To meet the needs of the residents of the proposed development
2.25 The design and layout of new residential development should incorporate adequate areas of useable public open space as an integral part of the development. Care should be taken to ensure that where amenity open space is incorporated into the layout of the site it should be designed in such a way as to exploit site topography, create open views and avoid incidental areas of un-useable space. Where sufficient open space exists adjacent to the development site, developers will need to consider how to exploit this resource and thus provide well-designed public links within the development to these areas of land through the provision of new footpath and/or cycle path provision.
2.26 The amount of land required for children’s’ play and outdoor sport provision is based on the National Playing Fields Association (NPFA) standard, which recommend a minimum provision of 2.43 hectares per 1000 population. Precise requirements for each site will need to be agreed with the Council as local factors may require amendment to these standards, for example the location and quality of existing provision. The leisure background paper provides an indication of the types of facilities that may be sought on allocated housing sites.
2.27 Where necessary the Council will seek to enter into planning obligations under Section 106 of the Town and Country Planning Act (1990) in order to secure the appropriate provision of such facilities.
