PF14

Legislation Committee No 1

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

North Wales Play Association

Firstly the North Wales Play Association, though in agreement with the general intention, thrust and ethos of the Measure, would firmly suggest that the Measure, in focussing exclusively on playing fields and playing pitches,  misses an opportunity to embrace all other public and equally important playing space and in particular children’s play space. In doing so, it follows that such excluded space could potentially be at it’s most vulnerable. By giving playing fields, specific status as determined by this measure, there is a distinct prospect of other playing space  being seen by some as having less importance. This would in turn make such space, particularly children’s playing space, more vulnerable to disposal because of it’s apparent lack of status.

We would therefore seek to either have changes made to the proposed Measure so that it is inclusive of all public playing space or that childrens community playing space is given consideration as a discrete requirement.

1. Community Involvement in local authorities’ decision to dispose etc

The NWPA fully supports the proposal to consult with local communities as a means of strengthening the protection of playing space and increasing the public’s awareness of the importance of such space. In this regard it is important to recognise the fact that playing spaces are of significant importance to the health and well-being to the whole community and not simply those who are close neighbours to such space.

However whilst we totally agree with such a democratic right for such involvement in decision making which may impact on adult lives, we equally and strongly support the rights of children and young people to be positively recognised as essential members of the local communities where they live and grow up. We would therefore strongly suggest that they should also enjoy the same rights to influence decisions that have a particular affect on them. Children have to rely on the adult society to provide for all their needs this includes their fundamental right to play and in particular play opportunities in the areas where they live.

In short we would argue that children and young people are all too frequently alienated by adult determined decisions made in the absence of childrens involvement or those who represent their needs. Children and young people should be seen as part of the community and not apart from it.

2. Key provisions set out in the Measure

With regard to Principal Definitions, we would have considerable difficulty in accepting paragraphs (d) "playing field” and (e) "playing pitch” for reasons as explained in the above pre-amble. We do recognise however that such a definition is perhaps strongly influenced by TAN 16. This is another reason for our desire to see a much wider and more inclusive reference to playing space, the vast bulk of which is not so definitive.

In Wales there are hundreds of designated play areas/spaces which do not contain "playing pitches” or formally marked out sports areas as defined in the document. Such play spaces however are of at least equal if not more importance to the local community, providing as they do, opportunities for a wide and varied amount of informal sport and recreation in addition to containing designated childrens play provision.

3. Impact Statement

We are wholly supportive of a requirement to be placed on local Authorities to conduct comprehensive impact assessments in connection with the selling off or other disposal of playing space. In particular we believe that the Assessment should focus on how the disposal of such land would impact on children and young people’s lives, including those with disabilities.

The assessment should we believe, take into account, along with other criteria, the full social effects of potential play deprivation which could have a serious and harmful impact on the lives of children and young people.

For instance; the behavioural reactions and emotional perceptions to the removal of what they perceive to be their playing space. Alongside this we would see the need for consideration to be given to the pedestrian travel range of children when seeking play opportunities and their ability to pay any cost involved in accessing new or relocated play provision. The accident and incident potential that may occur as a consequence of having to travel new routes to enjoy play opportunities or being confronted with having no play replacement provision.

Other impact measures would include a comprehensive consideration of the economic, social and environmental effects on the local community attributable to disposal measures. Finally there would be a clear requirement for an analytical projection of potential future demand for playing space alongside a forecast of the future population profile within the catchment area.

4. Consultation

We would strongly recommend the inclusion of a greater number of organisations who act in an advocacy role on behalf of local children; in particular we would wish to see the involvement of local play associations, appropriate local voluntary organisations, neighbourhood play fora and community organisations such as residents and/or tenants associations

Of the list of consultees we have had sight of; we would suggest that there may be some who could potentially have a conflict of interest in the sale of playing space. For instance, local health boards might have an interest in the purchase of land for the purpose of building a local health centre. A very recent example of this occurred in the village of Hope in Flintshire where the local health board sought to procure recreational land with a view to establishing a health centre. A similar scenario could apply to groups such as Barnardoes who may want to build new or extended premises on recreational/ playing space.

5. The practical and financial implications of putting these provisions in place

It is our contention that in any democratically determined political structure, the concept of accountability, transparency, and direct consultation where decision making has an impact on people’s lives and in particular on their health and well-being, should be an integral part of the overall process. The cost, although a very important consideration, should not act as a deterrent and ways and means should and could be found to carry out full consultation and involvement through creative and imaginative methods.

The involvement of appropriate local organisations such as those referred to earlier, should have in place sound internal communication processes which could be used to reduce the cost on local authorities of informing neighbourhood communities. News letters, group meetings, town and community councils, libraries, post offices, community centres, public meetings are all tried and tested avenues for informing the wider public.

Conclusion

In addition to the above observations, the North Wales Play Association would wish to draw the Committee’s attention to a statement made to the inaugural meeting of the National Playing Fields Association in 1926:  

"The right to play is the child’s first claim on the community, no community can infringe that right without doing deep and enduring harm to the minds and bodies of it’s citizens. Much that is unwholesome to the nation comes from the overcrowding and congestion of our towns and cities and in particular from the restrictions and frustrations to which they subject the lives of boys and girls who grow up in them”

(David Lloyd George 1926)

In conclusion, we, as an organisation that has campaigned for a national play policy for 30 years or so, would sincerely wish to congratulate and commend the Welsh Assembly Government on demonstrating it’s political commitment to childrens play by being the first Government to establish a National Play Policy for Children. It is with considerable respect for this Policy that we refer to one of the many admirable statements contained within it as follows:

"Play is so critically important to all children in the development of their physical, social, mental, emotional and creative skills, that society should seek every opportunity to support it and create an environment that fosters it. Decision making at all levels of government should include a consideration of the impact of those decisions, on children’s opportunities to play”

Tony Chilton,

Chair of North Wales Play Association