PF9
Legislation Committee 1
Response to the consultation on the Proposed Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure
Open Spaces Society
1. The Open Spaces Society, founded in 1865, is Britain’s oldest national conservation body. A registered charity, we campaign to create and conserve common land, village greens, open spaces and rights of public access, in town and country, in England and Wales. We have 2,600 members consisting of individuals, organisations and local authorities.
2. We are consulted by the National Assembly for Wales, and the Department for Environment, Food and Rural Affairs (Defra), on all applications for works on common land in Wales made under section 194 of the Law of Property Act 1925, and in England made under section 38 of the Commons Act 2006, and section 23 of the National Trust Act 1971 and similar legislation.
3. Question 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?
4 We believe (as stated) in our response of June 2008) that there is a need for an Assembly Measure in relation to community involvement in decisions by local authorities to dispose of playing fields. We believe that unless there is a more robust requirement placed on local authorities open space will continue to disappear, under pressure for development land, and be detrimental to local communities.
5. The Local Government Act 1972 (as amended) weakened the protection of open space by removing the need for consent to be obtained from the Secretary of State/Minister. It is now only necessary for objections to be considered for any proposed disposal.
6. Section 1
7. We are very concerned that various exemptions have been included in the Measure. Local authorities and registered charities both have powers of sale and the land could still be vulnerable to disposal, rather than being retained as open space. If these remain, at the very least, covenants must be included to ensure the land is retained for the benefit of the public for recreation.
8. Question 2: What are your views on the key provisions set out in the proposed Measure, i.e. the duty on local authorites to consider the impact that selling off playing fields would have on local communities before deciding whether to dispose;
9. the principal definitions (Sections 2);
We agree with the principal definitions in Section 2 on the Proposed Measure. We believe that playing fields and playing pitches should also include areas of open space used by local communities, irrespective of their size and the sporting activities for which they are used. Such areas can be extremely valuable as an amenity for local people. One of the reasons we receive inquiries about registering land as a town or village green is because of the vulnerability of such areas.
10. 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);
11. Section 3
12. We agree that the impact statement will be a useful starting point in assessing need, but it may not capture the true value of the land to a local community or their use of the land.
13. We believe the method and scale of the proposed consultation is appropriate as there is a balance between local and national interest. We remain concerned that local authorities are still only required to 'consider’ any representations and would urge that further thought be given to a more robust process.
14. We wonder if there is any possibility of Tan 16 being further strengthened on this point, before its re-issue.
15. the duty on local authorities to prepare a decision statement, including its content, and the arrangements for making known its decision (Section 6);
16. Section 6
17. We believe it is essential that the public are made aware of the reasons for any decision. Clarification is needed about whether any formal appeal process will be included
18. the statutory consultees as set out in the Schedule to the proposed Measure; and
19. We believe the statutory consultees included in the schedule are appropriate.
20. powers of Welsh Ministers to issue stop and remedial directions to local authorities (Section 7).
21. Section 7
22. We agree that the stop directions in section 7 are appropriate to ensure compliance.
23. Section 8 (24)
24.Clarification is required as to whether this includes land registered as a village green under the Commons Registration Act 1965 and the Commons Act 2006.
25. Question 3. What are the practical and financial implications of putting these provisions in place?
26. Publication could be by notice on a website to reduce costs to the local authority.
27. It is difficult to quantify the cost to the society of considering such applications, but it would probably be in the region of £3,000.
28. Question 4. Will the proposed Measure achieve its overall purpose and aim?
29. There should be a review and monitoring but it is believed that the proposed Measure will achieve its overall purpose and aim.
Nicola Hodgson
Open Spaces Society
January 2009
