Legislation Committee 1

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

Dr Gill Richardson Local Public Health Director for Caerphilly

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

Yes.  The existing legislation, and the proposed revision to TAN 16, does not require local authorities to consider the wider health impact of playing fields disposal, nor how it impacts on the local Health, Social Care and Wellbeing Strategy.

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;

It is important that local authorities consider the health impact of playing fields before disposal.  Physical activity levels in Wales are generally poor, with high proportions of the population overweight/obese.  It is important that people can easily access open spaces/playing fields in order to help them be physically active.

In addition, access to open spaces impacts positively on mental health.  This is not only due to the positive effect that physical activity has, but also the effect that less urban environments have on mental wellbeing.

the principal definitions;

No comment.

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);

We would support the requirement for an impact statement which encompasses an assessment of the health and wellbeing.  The Measure also appears to reflect the fact that people using the playing fields are not necessarily local residents, and that the consultation needs take their views into account.

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

Agree that a decision statement be prepared.

the statutory consultees as set out in the Schedule to the proposed measure;

We would like to see the National Public Health Service for Wales (and its successor body) be added to the list of statutory consultees.

powers of Welsh Ministers to issue stop and remedial directions to local authorities.

It appears that the Minister will only have power to stop a local authority if they have not followed the process correctly.  What will stop a local authority if they have carried out an impact assessment and consulted correctly, but decide to proceed with the disposal even where there is overwhelming evidence of a huge negative impact on health and wellbeing?

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

It is unlikely that the local authority would have the skills to fully consider the wider health impacts.  It is important that the impact statement is completed in consultation with the local Health, Social Care and Wellbeing Partnership and the local Director of Public Health.  

Will the proposed Measure achieve its overall purpose and aim?

The Measure would appear to achieve its purpose of ensuring that a local authority assesses the impact of a disposal on residents’ health and wellbeing and carries out a consultation.  However, the weight given to the assessment and consultation in the decision-making process rests with the local authority.

Dr Gill Richardson Local Public Health Director for Caerphilly
Llanarth House
Unit 1
Newbridge Gateway
Bridge Street
Newbridge
NP11 5GH