PFM 14 - Torfaen County Borough Council

Torfaen County Borough Council Comments on the Proposed Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure

1. The Proposed Playing Fields (Community Involvement in Disposal Decisions) (Wales) Measure, requires Local Authorities to consult with the local community before disposing of playing fields. The overall aim is to ensure that proper consideration is given to a proposed disposal and its impact on the health and wellbeing of the local community, before it proceeds.

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.

Whilst consulting the local community and considering the impact on health and wellbeing before disposing of playing fields is a good thing it will do little to tackle the current problem surrounding formal outdoor recreation as a whole.  However, the opportunity and benefits of engaging the local community on health and well being issues is recognised.

Firstly, I am not convinced that local authorities are selling off playing fields without considering the recreational implications under the strict controls of the planning system; we all know the health benefits of outdoor sports - you don’t need a assessment to confirm this!  I would like to see the Welsh Assembly’s evidence that this is a problem that needs tackling?  Therefore, it is considered that the existing planning system offers enough protection for local authority playing fields, and the Council would rather see the planning / TAN system strengthened rather than the proposed new measure.

Also, the disposal of surplus playing filed sites is a vital source of capital funding for some Welsh Authorities and sports clubs themselves. Anything that makes the disposal of sites such as surplus schools more difficult, or which reduces their value, will impact on capital receipts, and hence the capital programmes of Welsh Authorities and sports teams.  This is likely to impact directly on areas such as school building and replacement programmes and the improvement of current sports pitches.

The real problem is that most local authorities do not have the full information on the quality, quantity and demand for recreational facilities (which also includes children’s play facilities).  If the Welsh Assembly really wanted to help they would fund a full recreation study for each local planning authority that firstly maps, measures and assesses the quality of all formal outdoor recreation and children’s play facilities against the Fields in Trust 2.4ha (6 acre) standard or their own local standard if one has been produced.  Then demand should be assessed using the Sports Council for England eight stage Playing Pitch Model (which is used by the Sport Council for Wales).  This will ascertain the issues to be addressed and involve the sports organisations active in the community.  Then a public debate, which include the impact on health and well being should be undertaken to produce a sport and recreation strategy on how to tackle these issues.  It is well known that in most local authorities there has been a decline of quality of provision mainly due to a lack of maintenance.  However, provision has improved in local authorities who make full use of Section 106 agreements or where a bit of a playing field area has been sold off to improve the remainder.  This Recreation Study and Strategy is likely to cost £50,000 per local authority.

Another issue that needs tackling is the decline in the number of community volunteers with the commitment to run youth and junior sports clubs and teams.  This is probably because the behaviour of youths has declined and the fear of litigation and being accused of improprieties.

Finally, the proposed Measure does not control the sale of private playing fields, which in my experience is the greatest threat, as landowners and developers are normally motivated by profit rather than serving the community.  However, this does not normally apply to playing fields owned and run by sports clubs.

2. Section 2 of the proposed Measure provides definitions of “dispose”, “local authority”, “playing field” and “playing pitch”. In particular, the definitions of “playing field” and “playing pitch” are defined in terms of area and certain sporting activities.

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

The definitions are considered to be appropriate, with the exception of ‘playing field’, which the proposed Measure defines as ’means the whole of a site which encompasses at least one playing pitch’.  Having carried out recreation surveys, it is often not that easy to establish what is a pitch and its run-off area; my concern regard the use of this ‘remaining land’ which is often sold off to finance improvements to the recreation facility or can be legitimately used for other purposes.  From a practical point of view, I always measure the pitch, which for senior football can range from 45.5x90m to 90x120m and then use the Fields in Trust guide of 55% for run-off.  For rugby, a senior pitch can range from 104x70m(max) to 144x70(max) with a minimum 5 metre perimeter (run-off) area.  So say for example there is a playing field with a 45.5x90m football pitch Therefore, the difficulty is how to check if the pitch is an acceptable size and the status of the remaining land which could be quite extensive and have other public open space uses.

3. Section 3 of the proposed Measure requires Local Authorities to produce an impact statement that identifies the nature of the proposed disposal and describes its impact on the overall provision of playing fields in the locality; the health and wellbeing of the local residents and the local Health and Well-being Strategy. The impact statement must be available for inspection for a four week period and notices must be placed in the local press.

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

Notwithstanding our objection to the principle of ‘impact statements’, they should also cover the issue of future and current demand for sports pitches in the locality.

4. Under the consultation provisions set out in section 4, Local Authorities must take reasonable steps to draw the impact statement to the attention of the statutory consultees listed in the proposed Measure and any other groups that may make use of the fields. They must then consider any representations made (section 5).

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

Notwithstanding our objection to the principle of ‘impact statements’, the provisions for consultation are appropriate, with the exception that they do not provide for the consultation on the impact statement to be advertised in the local press; when the decision statement is!

5. Statutory consultees are listed in the Schedule to the proposed Measure.

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

Notwithstanding our preference for sports and recreation studies / strategies rather than ‘impact statements’, I can see the value of consulting Fields in Trust Cymru, the Sports Council for Wales, any sports club, association or other body that makes regular use of the playing fields and local youth and elderly persons forums and school councils.  However, if an impact assessment has to be carried out you might as well consult everyone listed.

6. Section 6 sets out the action that Local Authority must take once it has decided to proceed the proposed disposal.

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.

Notwithstanding our objection to the principle of ‘impact statements’, the requirements placed upon the local authority after consultation are satisfactory.

7. Section 7 allows Welsh Ministers to issue a direction suspending a disposal following representations in order to determine whether the process in the Measure has been complied with.  If it has not they may issue a direction requiring the Local Authority to comply.

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

The powers would be acceptable if they only direct with regards to the process being correct and not he decision of the Council to dispose of the playing field if it has complied with sections 3-6 of the measure.

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

Without carrying out an Impact Assessment it is difficult to ascertain cost.  However, from previous experience of consulting upon site development briefs and preparing planning cases for the disposal of Council owned playing fields, I expect they would cost: -

Officer time in preparing Impact Assessment  £2,000

Cost for working up alternative sports provision £2,000

Advertise Impact Assessment in local press £1,250

Officer time for consultation £1,500

Officer time in preparing report of consultation £1,000

Committee Consideration £500

Preparation of Decision Statement £250

Advertising decision statement in local press £1,250

TOTAL £9,750

In addition to the above costs a full sport and recreation study to ascertain ‘the overall provision of playing fields in the locality, including the quality and accessibility of such playing fields’ is likely to cost £35,000 for the whole County.  Otherwise, I consider that there would be difficulties in defining locality because teams play at different levels and could represent a community area, a town and even a county.  So for example a community could have enough playing fields but a town could be short against a quantity and quality only standard.  Demand also needs to be taken into account as well as future population growth; which is why a study (estimated at £35,000) followed by a strategy (estimated at £15,000) formulated following community engagement is preferred.