PFM 2 - Open Spaces Society

1. The Open Spaces Society, founded in 1865, is Britain’s oldest national conservation body.  A registered charity, we campaign to create and conserve common land, village greens, open spaces and rights of public access, in town and country, in England and Wales.  We have 2,470 members consisting of individuals, organisations and local authorities.  

2. We are consulted by the National Assembly for Wales, and the Department for Environment, Food and Rural Affairs (Defra), on all applications for works on common land in Wales made under section 194 of the Law of Property Act 1925, and in England made under section 38 of the Commons Act 2006, and section 23 of the National Trust Act 1971 and similar legislation.

3. We welcome the opportunity to comment on the proposals.  The society has previously raised concerns that, following amendments to the Local Government Act in the 1980s, applications to appropriate or dispose of open space do not have to go to a minister or Secretary of State and that the local authority merely has to advertise its intentions and consider any objections received.  Areas of open space, valuable to local communities, are therefore extremely vulnerable, unless more robust measures are agreed.

4. Question 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.

5. We agree with the principle of the Proposed Measures.  As stated above we believe that unless there is a more robust requirement placed on local authorities, open space will continue to be disposed of to the detriment of local communities.

6. Question 2 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.

7. We agree with the principal definitions worded in section 2 of the Proposed Measure.  However we believe that playing fields and playing pitches should also include areas of open space used by local communities, irrespective of their size and the sporting activities for which they are used.

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

9. We agree with the proposed contents of the impact statement.  Whilst a view on the overall provision of playing fields/open space in the locality is a useful tool it may not capture the true value of the land to a local community or the use that is made of it.

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

11. We believe the provisions regarding consultation are appropriate as there is a balance between local views and national interest.  However we are concerned that the local authorities are still only required to ‘consider’ any representations and would urge that further thought be given to a more robust process.

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

13. We believe the list of consultees is appropriate, please see our reply to question 4.

14. Question 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.

15. We agree that the requirements placed on the local authority are appropriate.  It is essential that the public is made aware of the reasons for any decision, but it is not clear whether there will be any formal process to challenge a decision.

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

17. We welcome the proposed role of the Welsh Ministers but believe they should be given an overriding power to refuse a disposal, and the power should not just be available where the requirements of sections 3-6 have not been compiled with.  This would strengthen the protection of such areas of land.

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

19. The society is already a statutory consultee under various legislation and non statutory consultee in both England and Wales.  We have considerable experience of dealing with this type of consultation and, whilst there would inevitably be an increase in work (which it is not possible to quantify as the value is unknown), we would welcome the opportunity to contribute to the process.

Nicola Hodgson
Case Officer
Open Spaces Society
June 2008