PFM 12 - Welsh Local Government Association

Introduction

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.

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.

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.

Background

4.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.

5.The Consultation paper sets out a background of obesity and other health issues, strategies, and health gain targets in Wales. It outlines existing Town and Country Planning provisions, legislative requirements, statutory notifications, and guidance including the requirement under the Local Government Act 1972 for local authorities to first publish a notice of the intent to dispose of public open space. This is something which is routinely undertaken within Local Government.

6.Section 77 of the Schools Standards and Framework Act 1998 prevents local authorities in England from disposing, or changing the use, of school playing fields without the prior consent of the Secretary of State. With some exceptions, this requirement does not apply in Wales.

7.Under the Measure a duty would be imposed on the Council to prepare and consult on “impact statements” when proposing a disposal including tenancies of over 7 year duration. The impact statement must be made available for inspection for a 4-week period and notices placed in the local press. The impact statements must be drawn to the attention of statutory consultees and the authority must consider any representations made. The Measure would enable Welsh Ministers to issue a “stop direction” to a local authority to suspend the disposal of a playing field in the event that the provisions of the measure are not complied with

Key Issues

8.WAG consulted upon some key changes to the planning regime relating to providing additional protection for recreational open space including playing fields in March 2007. This follows a plenary debate on the issue in October 2006.

9.Following this debate WAG commissioned a feasibility report which identified a recommended way forward. In essence these recommendations were contained within draft TAN 16 and set out further in a consultation dated March 2007.

10.The key changes envisaged were

•Changes to the development control system consultation – it was proposed 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.

•Open space assessments – this should identify existing need and anticipate future need for formal and informal recreational open spaces and should be used to inform the preparation of the LDP.

•Typology of open space – revised definitions to inform the planning process.

11.The WLGA supported the work undertaken by the Welsh Assembly Government, and responded to the TAN 16 consultation last year. We believe that the link between land use, and playing fields in particular, and increasing physical activity is an important one. As much as possible should be done to promote the use of playing fields in the fight against obesity and the promotion of the health of our communities’ citizens.  

12.The WLGA response to TAN 16 is attached. It is fair to say that the WLGA had some reservations about the revised TAN however it did seem to offer a way forward which allowed the balancing of the strategic needs of a locality with providing a clear and equitable method of making local views known and having them considered through the plan development and development control systems.

13.We believe that current local planning policies are already sufficiently robust –they put a requirement on developers to provide adequate new leisure provision where any significant loss of such facilities (including playing fields) can be demonstrated.

14.The draft TAN 16 also places an emphasis on local authorities to carry out full Open Space Assessments. This, combined with 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.

15.Section 106 agreements also have a role to play here. These agreements can be created when new developments generate a need to either improve existing playing pitches, or create a need for new pitches to be developed. It is also important to remember that many playing fields are either covenanted or have charitable trust status and are therefore already protected from development (unless a suitable alternative can be created).

Purpose of the Measure

16.It is clear that the National Assembly seeks to utilise the legislative route where it is seeking additional powers or where significant gaps in current powers exist. It seems difficult to make this case when a range of current WAG proposals and the devolved planning regime clearly govern activity in this area. The consultations mentioned above reinforce this. There is little evidence within the Measure as to why the existing powers are inadequate and why the WAG governance of the planning regime fails to address this issue.

17.Therefore there is a real issue regarding the value added by these proposals. They appear significantly 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. These are also key Assembly priorities.

18.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.

19.Within this context it is clear that the process set out in the measure would result in an additional burden upon LPA’s 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.

20.Conversely, the proposal to give Welsh Ministers powers to issue directions could also generate onerous demand for their involvement and response, again without sufficient knowledge of the issues relating to specific sites. Local authorities must be provided with the necessary flexibility and trusted to use its vast knowledge relevant to 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.

21.Also concerning ministerial directions WAG do of course have call-in powers in relation to planning particularly if they feel that local authority 'own interest' applications raise a particular concern in any individual case

Conclusion

22.In conclusion, the WLGA agrees fully with the principles in the Measure, but believes that current planning policies, practices and processes sufficiently address the Measure’s key objectives, with decisions made on a strong evidence base. The proposals set out in this proposed measure would only add to the bureaucracy of disposing of playing fields, when such a decision has already been through a satisfactorily rigorous process. 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 the involvement of Ministers will not assist in any way except to use unnecessary additional time and resources.

23.Therefore 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 / Heledd Bebb