PF16

Legislation Committee No 1

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

Rumney Recreation & Eastern Leisure Action Group (RREEL)

We refer to Rosemary Butler AM's letter dated 12 December, 2009 inviting RREEL Action Group to respond to the above consultation document.  We would like to thank Rosemary and the National Assembly for Wales for allowing us the opportunity to respond to this very important piece of legislation.

RREEL Action Group is made up of voluntary residents from Rumney and Llanrumney.  Along with residents from both communities, we are in the midst of a passionate campaign to save our local Rumney Recreation Ground, from the local authority who are intent on destroying our local parklands and playing fields.  We know, at first hand, what this ground means to the local community as the grounds have served us well for over 100 years.

Our written response to the consultation document is a collective response on behalf of local residents.

We confirm that the National Assembly are welcome to make our response available for public consideration and public scrutiny and to have our name published.  Similarly, we would be more than happy to provide oral evidence of our own experiences to a future Committee, if you feel this would be of help and assistance.

Denise Taylor

Secretary (RREEL ACTION GROUP)

Consultation - Playing Fields Proposed Measure

(Community Involvement in Disposal Decisions)

Response Document

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?

- There is most definitely a need for community involvement in decisions made by local authorities to dispose of playing fields.   We believe the term "dispose of playing fields" should be widened, if possible, to include the terms "disposal, appropriation, change of use and development".

- People within local communities are the major stakeholder group and the largest; they visit and use playing fields for recreational purposes and physical activity.   Any disposal of playing fields would have a detrimental effect on people's lives.   Not only would it affect their health and well being, but also it would destroy their physical surroundings, the character of their community and the enjoyment people might experience from such areas.  Playing fields help build stronger communities offering community cohesion and a focal point for social interaction, something sadly lacking in this day and age.

- The Assembly should put in place a Measure that involves the community in any such disposal decisions.  It would be negligence of duty for any local authority to take decisions that could have such a profound negative effect on people's lives particularly as it is common practice for local authorities to dispose of playing fields for development and financial gain, sometimes regardless of what people want.

- For example : Rumney Recreation Ground in Cardiff is a large, flat, open, green space which is shared by two communities - Rumney and Llanrumney.  It is central to both communities and provides a focal point for recreational activity, sports, fetes and ad hoc events.  It is our 'little oasis' in the midst of an urban sprawl.   The playing field has served the community well for over 100 years.  Yet, both communities now find themselves working together in a bitter battle to save their playing fields from being destroyed by a local authority that are intent on making a "land grab" under the guise of education and the building a new school.   This will have a devastating effect on the character of the area and the lives of people.  We have some of the most socially deprived areas in the City and the local authority should not even consider taking away such an important and valuable community asset.

Question 2: What are your views on the key provisions set out in the proposed Measure?

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

It is, in our opinion, crucial that local authorities consider the impact that selling off playing fields would have on local communities.  People identify with their surroundings.   The loss of such an important community asset could be incalculable - this may not be noticeable immediately but could have a detrimental and profoundly negative impact in the longer term.  The physical and social characteristics of a community could be changed, an identity lost.  Deprivation, isolation and loneliness could ensue, particularly for the young and the elderly.  The loss of playing fields in inner city areas for example, could lead to an increase in anti-social behaviour and crime.  Impact assessments are critical as, in the longer term, local authorities could be creating social problems not solving them.

The principal definitions;

We agree with the definitions in principal, but these must be used in a consistent manner in any subsequent Measure or legislation to avoid misinterpretation.

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);

Content

- It is important that people understand the nature of the proposed disposal, but feel the word "reasons" for the disposal should also be included.

- A local authority should take account of all activities that take place on the playing fields, not just sporting activities as many individuals use these spaces purely for recreational activities and relaxation with their family, friends and pets.    Any planned increase in housing would add to the population and create even further demand for playing fields, again this should be considered.

- Quality and accessibility of compensatory land should match or exceed that which is being disposed of to ensure communities retain a focal point for social activity and gain true benefit.  Alternative land offered may not be of the same quality or quantity which could result in lack of use leading to dereliction of land, thus becoming magnets for crime and anti-social behaviour.  Such alternative land cannot adequately  compensate communities for the loss of their green, open space.

- The health and well being of residents is paramount.  We would like to see environmental and traffic impact assessments included. These can also have a detrimental effect on a community and their quality of life.     

- The impact assessment should also comply with the local authority's open space, parks and leisure strategies.

- We are pleased to see that section 3(3) broadens the definition of "the locality".  Disposal of playing fields can affect people who may not live in the local authority area. People can travel large distances to use such facilities.

Method

- The 6 week inspection period for the impact statement is sufficient.  It is crucially important however, that the impact statement is available to inspect within the locality otherwise this could be classed as discriminating against the disabled, elderly and infirm who may not otherwise be able to attend the authority's principal office.

- It would be beneficial, from the public's point of view, if the local authority were to publish Notice in more than one newspaper for two consecutive weeks to ensure maximum coverage.  Publication is just one newspaper is not sufficient to capture the attention of an entire community.

Consultation

- The scope of the consultation we believe is sufficiently adequate.

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

We agree with the principles of the decision statement and the summarising of any representations.  Again, the decision statement should be made available within the locality, not just the authorities principal office, as otherwise it could considered as discriminating against the disabled, elderly and infirm

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

- Whilst the Measure is aimed at community involvement, the Schedule of Consultees has, once again, omitted this important stakeholder and consultative group.  We feel it is imperative that "occupiers of every household in the register of electors"  be included in the Schedule of Consultees, otherwise local authorities could use this as a "loop hole" in their disposal of a playing field.   Once included on the Schedule of Consultees,  Welsh Ministers should ensure that this major stakeholder group is not amended in such a way that they are excluded at a later date.

- We believe groups involved with tree preservation should be included as several native species in the UK and Wales are under threat.  Often playing field perimeters are surrounded by trees.   

Powers of Welsh Ministers to issue stop and remedial directions to local authorities (Section 7);

The powers of Welsh Ministers to issue these stop and remedial directions are crucial.  Local authorities must produce evidence that the action they are proposing to take in the disposal of playing fields has complied with all the requirements of the Measure.  Consultation with the local community and the outcome of that consultation must be backed up with written evidence, whether it is for or against.  Similarly, if a local authority wishes to proceed with the disposal of playing fields, which contravenes public opinion and that of the local community, Ministers should have the powers to order a stop direction and advise the authority not to proceed and order them (not direct them) to comply.

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

Local authorities have the practical mechanisms in place to contact and consult with local residents via the electoral roll.  Early public consultation could conceivably save time, money and valuable resources, which could be, better utilised elsewhere.     This would be particularly relevant where local authorities receive overwhelming objections to their proposals as not being in the interest of the public.   The public have a right to know and take part in any consultation and decisions that might have a major impact on their lives.  

Postal contact would be the preferred method of communication as not every resident would have access to Information Technology.   Local authorities already issue electoral forms, newsletters and other forms of publications when they want to communicate with residents more widely.  The need to communicate with residents on the disposal of a playing field is less likely to occur on a regular basis and should therefore, not be too onerous for any local authority to contend with.

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

This proposed Measure should rightly place a statutory obligation on local authorities to consult with local communities in a way, which is seen as being inclusive and transparent.  Importantly, it will place a duty on local authorities, at a very early stage,  to consider the impact that selling off local playing fields can have on local communities - not just their health and well being, but that of their physical surroundings and the character of their community.

Welsh Ministers have a pivotal role in this, ensuring local authorities are held accountable for their actions.  

Local authorities often take decisions that are not in the public's interest and these can have a lasting and profound effect on people's lives.  

Playing fields are significant community assets and play a beneficial role in the lives of many people.  We owe it to future generations to protect and preserve them.  Long may we continue to enjoy them!