PFM 13 - Sports Council for Wales

Proposed Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure

1. Do you agree with the principle of the Proposed Measure?  Please give reasons for your view and what impact you consider that the proposals will have.

The Sports Council for Wales (SCW) agrees with the principle of the proposed measure and supports the requirement to consult with the local community before disposing of playing fields.  SCW suggests there may be overlap between the need to produce an impact assessment and the guidance that suggests local authorities undertake Open Space Assessment that it is expected will be included in the forthcoming Technical Advice Note (TAN) 16.  However, SCW would advocate the principle of undertaking an open space assessment or impact assessment before disposing of playing fields, and this measure would make this a duty rather than guidance.

2. Do you agree with the principle definitions used in Section 2 of the Proposed Measure?  If not, please explain why and provide any alternative suggestions.

SCW agrees with the definitions but would like to see further clarification on the ‘playing pitch’ definition in 2d.  The current definition could exclude the protection of fields used for athletics.  SCW would like to see athletics added to the list.  The definition also offers no protection for golf courses and the measure might want to consider this.  Could an additional point be added to cover basketball and netball: ‘(iv) is 0.05 hectares or more in area and is used for the use of playing netball or basketball’ and remove ‘netball’ from the uses listed in 2(d) (i)?

The definitions should match any used in the forthcoming TAN 16.

3. Do you agree with the proposed contents of the impact statements?  Please provide and explanation for your views.

SCW generally agrees with the content of the impact statements.  Paragraph 3 (1) (a) “the overall provision of playing fields in the locality, including the quality and accessibility of such playing fields” is important.  SCW would like to see the demand for playing fields considered in this point as well.  This information could be provided through the Open Space Assessments referred to in the draft TAN 16.  Where Open Space Assessments have not yet been completed then authorities could refer to standards produced by the Fields in Trust.  SCW would hope however that an authority would undertake an Open Space Assessment if it was considering disposing of a playing field.

SCW has some concerns regarding the type of information that local planning authorities would be able to provide in relation to point (b) “the health and well-being of residents of the locality generally and of children and young persons in particular”.  It is not clear what sorts of measures should be referred to; whether the information is available, and how health and well-being would be affected by the disposal of a playing field.

4. Are the provisions regarding consultation appropriate?  Please explain your viewpoint.

SCW considers that the provisions regarding consultation appropriate but would like the process for taking “reasonable steps” to bring the statement to the attention of the bodies clarified.  For example, the measure could identify that letters and impact statements should be sent to the bodies identified in the Schedule as part of the consultation process.

5. Are the consultees listed in the Schedule appropriate? Should less specific consultees be identified?  If so, how should consultees be identified?

The consultees are appropriate.  Relevant National Governing Bodies of Sport could also be included in the list.

6. Where the authority has decided to proceed with a disposal of Playing Fields after a consultation, do you think the requirements placed on a Local Authority are satisfactory?  Please explain your view.

SCW agrees that the requirements placed on the local authority to prepare a decision statement and make this available are satisfactory for the local community.  SCW would like the measure to state that local authorities should send a copy of the decision statement to the bodies listed in the Schedule.  This does not always happen, even where SCW has been a statutory consultee for applications affecting playing fields and SCW has asked to be informed on the outcome of decisions.

7. Please outline your views on the powers of Welsh Ministers to issue directions to Local Authorities.

SCW supports the powers of Welsh Ministers to issue directions to Local Authorities.

8. Will the proposals result in your organisation incurring financial costs?  If so, what will they be (please quantify)?

There will be a cost of staff time in considering impact assessments as part of the consultation process when commenting on planning applications that affect playing fields.  This cannot be accurately assessed as the number of planning applications received is dependent on the number of applications received by local planning authorities and the numbers that require submission to SCW.  Using the average number of applications received each year over the last five years (42), SCW estimates this would amount to 21 days of staff time at an estimated cost of £2,900 based on current salary.