REPORT TO CABINET – 28 AUGUST 2001

RECREATION ASSESSMENT AND DISPOSAL – LAND AT

JOINT REPORT OF THE DIRECTOR OF PROPERTY AND THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION

PART A

Purpose of Report

1. This report seeks to declare the playing fields at the former Primary School, off Lane, Tilton on the Hill surplus to requirements and to describe the procedures the County Council will have to follow if it wishes to dispose of the land. The report also considers whether any community recreation demand could most effectively be met by the use of the land.

Recommendations

2. It is recommended that Members;

(i) approve the findings of the recreation assessment as attached at Appendix B;

(ii) agree that the land at Marefield Lane, Tilton on the Hill is declared surplus to requirements;

(iii) consider whether they wish to;

(a) authorise officers to undertake any necessary consultations under DfES Guidelines and to undertake to seek to identify and to purchase a suitable alternative site for recreation elsewhere in the village,

(b) pursue the possibility of obtaining residential development upon the site.

(iv) if options (iii) (a) or (b) are not achievable, to offer to sell the land to the Parish and/or District Councils for recreational purposes and to authorise officers to seek the necessary consent from the Secretary of State under the Learning and Skills Act 2000 to the disposal of the land.

Reason for Recommendations

3. The County Council is under an obligation to undertake consultations with various local organisations and groups in order to satisfy the requirements of the Secretary of State in the guidance issued by her (Section 77 of the School Standards and Frameworks Act 1998).

4. The recreation assessment procedure concludes that the site at Marefield Lane, Tilton on the Hill could be used as a children’s play area and casual public open space, and that there is an expressed demand for such use since there is insufficient other public open space available in the village. No other suitable publicly owned land has been identified so far within the village for such purposes.

5. Given the location of the playing field within the limits to development defined within the Harborough Deposit Local Plan it is considered that the site may have a value for residential development purposes. This possibility needs to be tempered with the presumption in the Local Plan against the loss of recreation space.

6. Where there is potential for residential development for recreation land, the amended Land Disposal and Recreation Assessment procedure allows for a suitable alternative to be pursued.

Timetable for Decisions

7. It is intended to achieve a capital receipt in respect of the playing field site at Tilton on the Hill in 2002/03. If Cabinet resolves to declare the land surplus to requirements it can either:-

(a) sell the land to the Parish/District Council at a figure equivalent to recreational value. This option could be completed in a short time scale; or

(b) seek planning permission for an alternative use upon the site. This route is likely to be time consuming and could be controversial.

8. In both instances the consent of the Secretary of State under Schedule 8 of the Learning and Skills Act 2000 and/or Section 77 of the Schools Standards and Frameworks Act 1998 would currently be required (The Secretary of State has recently granted a number of general consents under Section 77. These include a General Consent to the transfer of land to a Local Authority provided the land will continue in recreational

use for at least 10 years). The Secretary of State has a presumption against the disposal of school playing fields although this is modified in the case of closed schools.

Policy Framework and Previous Decisions

9. On 12 July, 2000 the County Council resolved, inter alia, that approval be given to the publication of a statutory notice to cease to maintain Tilton on the Hill C.E. Primary School at the end of the Autumn term 2000. The school closed in December 2000.

10. The current recreational assessment procedure was established in 1993 and was endorsed by Policy and Resources Committee on 13 January 1993. The procedure assesses the recreational potential of any County Council owned open land which is declared surplus to its current use and is likely to be sold. This procedure was reviewed and approved by the Cabinet on 31st July 2001.

Resource Implications

11. The Parish Council has indicated that it wishes to purchase the land for recreational purposes. The value of the site for recreational use is substantially less than that for residential development (the difference is likely to be in the region of £300,000)

12. Section 123 of the Local Government Act 1972 requires Councils not to dispose of land at “less than the best that can reasonably be obtained”. However, the Local Government General Disposal Consents Act 1998 allows a disposal at “less than best” for recreational use with certain minimum levels of public usage, without the Secretary of State’s approval.

13. The School Standards and Framework Act requires proceeds of sale to be reinvested in improving sports facilities or to meet education capital priorities. It cannot be used for general repairs to school buildings.

14. The Parish Council could ask the County Council for grant aid from its normal grant budgets to develop play equipment at the site.

15. The financial implications of this report have been prepared in conjunction with the County Treasurer.

Circulation under Sensitive Issues Procedure

16. Mr. S J Galton, CC.

Officers to Contact

17. Mrs. E.A. Derrick (0116 265 6991) e;mail [email protected] J.R. Hockney (0116 265 7013) e;mail [email protected] P.D. Williams (0116 265 7080) e;mail [email protected]

PART B

Background

18. The former school and playing fields (shown cross-hatched on the plan attached as Appendix A) at Tilton on the Hill ceased to be used for educational purposes in December 2000. The school buildings, as shown hatched on the attached plan, are held in Trust by the Vicar and Churchwardens of Tilton Church. The Trustees have a statutory duty to sell the property and in this instance all proceeds of sale (less costs of sale) will accrue to the County Council.

19. The playing field is within the 'limits to development ' for Tilton on the Hill as defined in the Local Plan. Policy HS/8 has a presumption in favour of residential development within the defined limits, subject to design matters and safeguarding residential amenity. The site which has an area of 1.08 acres/0.44 hectares is not identified as an important open space in the Plan and is currently part of the educational use of the overall site. Policy LR/3 of the Plan seeks to resist the loss of existing recreation areas (regardless of ownership) to alternative uses unless suitable alternative facilities are provided in the locality. Use of the site by the Parish Council as a separate playing field would require planning permission.

20. It is still necessary to assess the recreational value of the site to the Local Community as described in PPG17 notwithstanding that the school has already closed. This obligation is met by the County Council's recreation assessment procedure.

21. Residential development cannot be taken for granted as the disposal of any educational site (even when the School has closed down) requires the approval of the Secretary of State under the Learning and Skills Act 2000 and under Section 77 of the Schools Standards and Framework Act 1998. The criteria against which applications under Section 77 normally would be made fall into four main headings. These may be described as;

(a). Finance: That the intended destination of any proceeds of sale has been made clear in the application and that any such proceeds will be returned to education or used to enhance or improve sports provision.

(b). Schools needs: that the playing field provision and other sports facilities to be left will meet the needs of local schools but particularly primary schools.

(c). Community needs: that the playing field provision and other sports facilities to be left will meet the needs of the local community.

(d). Consultation: that there has been adequate consultation.

22. If the Cabinet resolves to declare the land surplus to requirements there are two options. It can either:-

(a) offer the land for recreation use to Harborough District Council and Tilton on the Hill Parish Council, and negotiations would be commenced shortly afterwards; or

(b) seek planning permission for an alternative use upon the site. This would necessitate the Planning Authority consulting with Sport and also referring the application (if it were so minded to approve the application) to the Secretary of State under the Town and Country (Playing Fields) England Direction 1998 and if recommendation (iii) is chosen, to undertake a search for a suitable alternative site in the village.

23. Bearing in mind the outcome of the village and recreational appraisals, planning permission is unlikely to be forthcoming unless an alternative site could be identified in the village. The County Council does not own any other suitable sites in the village but a search for other suitable equivalent sites could be undertaken at the same time as the planning application was being considered if members so resolve. It could be difficult to find a suitable equivalent site and is likely that the vendors of any potential sites will want to receive a proportion of the development value realised by the County Council. In addition the cost of converting agricultural land to playing field use will have to be met by the County Council. This route is likely to be time consuming and could be controversial.

24. The County Council has its own Recreation Assessment procedure for considering the recreational worth of any land surplus to operational requirements. The Recreation Assessment for this land is attached as Appendix B to this report.

Consultations

25. The Chief Officer (Environment and Economic Development) of Harborough District Council has been consulted on the Recreation Assessment and his comments reflect the facts stated above in Paragraph 20. The relevant Policies are described in more detail in the Recreation Assessment (Appendix B).

26. Tilton on the Hill Parish Council has responded to consultations to state that there is a need for recreation facilities within the village and that the Parish Council is interested in acquiring the land.

27. The local County Councillor for the area, Mr Galton, has responded to consultations to state that he believes that there is a strong need to retain the playing field for community use and would like to support the Parish Council's request to acquire the land. "There is no public open space in Tilton on the Hill and the former school playing field has unofficially fulfilled this need for many years." At a recent public meeting attended by over 50 local residents, strong support was expressed for retaining these facilities for the benefit of the local community. The village is growing and the new housing development that is under construction will place additional demand on the limited existing recreation facilities in the village.

28. Sport England has responded to consultations to state that it is Sport England policy to object to the loss of playing fields to development unless:

(a) there is a proven excess of provision;

(b) the use is ancillary to the playing field;

(c) the site is incapable of forming part of a pitch;

(d) equivalent or better replacement will be provided elsewhere; or

(e) an alternative sports use is proposed, outweighing loss.

29. If Sport England sustained an objection, any disposal for non-recreation use would have to be referred to the Secretary of State for the Environment.

30. Responses have not been received from the Chief Technical Services Officer of Harborough District Council. Any further responses will be reported verbally to Cabinet at its meeting.

Equal Opportunities Implications

31. Disposal of the site without the provision of an alternative outdoor playing space would mean that people within the village would continue to be deprived of the opportunity to gain access to casual public open space.

Conclusions

32. Initially, a search for an alternative equivalent suitable and acceptable recreation site will be undertaken. If this proves successful, the replacement recreational site can then be sold to the Parish/Harborough District Councils.

33. A planning application will be submitted in order to explore the possibility of obtaining residential development upon the site at Marefield Lane and, thereby, maximising its value. If the necessary consents are forthcoming from the Secretary of State, then the site can be sold on the open market. Alternatively, if this consent is not forthcoming, or no suitable recreation site identified, then the site can be sold at recreation value to the Parish/District Councils.

Background Papers

None but see Appendix B

Appendices

A Site Plan B Recreation Assessment

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APPENDIX B

RECREATION ASSESSMENT Background to Recreation Assessment

1. The assessment site which is in the ownership of the County Council comprises a mown grass field. This area as shown cross hatched on the attached plan, was formerly the playing fields of Tilton Primary School, Marefield Lane on the northern edge of Tilton on the Hill. The site is approximately 0.44 Ha (1.08 acres) in extent and is currently not in use. During it's life as a school playing field, an undersized junior football pitch was marked out on the land.

2. The land is generally level and is enclosed by 1.5 to 2m high fencing to the east, south and west. There is no boundary separating the site from the land immediately to the north which is also part of the former school premises. The site is surrounded by pasture land to the east, residential properties to the west and by a grass track to the south along which public footpath C90 runs.

3. The assessment site lies within the 'Limits to Development' for the village in the Deposit copy of the Harborough District Local Plan (Harborough District Council, February 1995). Policy HS/8 of the Plan states that planning permission will be granted for new development where the design and layout of the development is in keeping with the scale, form, character and surroundings of the settlements; the development does not conflict with Policy HS/8A (relating to areas of important open land, and does not include the assessment site); and the development does not adversely affect the amenities of residents in the area.

4. Policy LR/3 of the Deposit copy of the Harborough District Local Plan relates to the retention of existing sports facilities. It states that the District Council will normally refuse planning permission for development on existing recreation areas and sports grounds unless: the proposals are in association with the use of the land for recreation; or sports and recreation facilities on the site can best be retained and enhanced through the redevelopment of a small part of the site; or suitable alternative facilities are provided in the locality; and the development is in keeping with the scale and character of the surrounding area.

Recreation Use and Potential

5. The assessment site is currently used informally for recreation by local children and was the playing field for Tilton on the Hill Primary School until it's closure in December 2000.

6. The site is large enough for the location of an indoor recreation facility such as a sports hall or indoor community facility.

7. The site would not be large enough for the construction of pitches for rugby, cricket, football or hockey to recognised governing body standards, but could be used for smaller pitch activities such as mini soccer. The site would be large enough for the location of tennis courts or a bowling green.

8. The site would be large enough for a children’s play area or for an area of casual public open space.

Recreation Demand

9. County Council’s County Recreation Strategy (September 1992) identifies a shortfall equivalent to one and a half a standard sports hall units in Harborough District. New sports halls have since been built at the Coplow Centre in , 4.5 km (2.8 miles) to the south west and at Kibworth High School and Community Centre in Kibworth Beauchamp, 15.3 km (9.5 miles) to the south west. Further leisure facilities are to be built at Lutterworth in the south west of the District with the aid of funding from the Sports England Lottery Fund. Further sports hall provision is not required within the northern part of the District.

10. Within Tilton on the Hill the only indoor community facility is the Village Hall which is located on Leicester Road. It is not envisaged that there is any further demand for indoor community facilities within the village.

11. Tilton on the Hill and the neighbouring settlement of Halstead currently has 0.1 hectares (0.25 acres) of outdoor playing space to serve the population of 546. This comprises a single court Multi-Use Games Area and small children's play area adjacent to the Village Hall on Leicester Road. There is no casual public open space or sports pitches available for local residents. The National Playing Fields Association’s document 'The Six Acre Standard - Minimum Standards for Outdoor Playing Space' (NPFA 1992) indicates that such a population should have a minimum of 1.3 hectares (3.2 acres) of land available for use as outdoor playing space.

12. A village appraisal for Tilton on the Hill identified a desire to retain the assessment site for recreational use. From a questionnaire 50 responses out of 200 received (virtually equivalent to one for each household on Tilton and Halstead) addressed the issue of the former playing field site. All were in favour of keeping the field as a recreational area in some form. Suggestions for uses included sports field, football pitch, play areas for various ages and park with a nature area. A number of respondents considered the existing childrens play area to be poor or dangerous, reasons being cited as being too close to the main road, poor fencing and poor equipment.

13. Leicestershire County Council’s Equestrian Strategy and Action Plan (February 1999) has an objective ‘to encourage provision of improved access for riders and assist the development of a network of off-road routes’. In consideration of the existing network of bridleways in the locality, it is not considered that the assessment site provides an effective opportunity to complement the existing network since there are no other bridleways nearby.

Conclusion to Recreational Assessment

14. The assessment site is currently used for informal recreation purposes and was the playing field for Tilton on the Hill Primary School until its closure in December 2000.

15. Although the assessment site would be large enough for the siting of a sports hall or community building there is no identified demand for further such provision.

16. The site would be not be large enough for the development of senior sports pitches for rugby, cricket, football or hockey and there is no identified demand for any of these. The site could be used for smaller pitch activities such as mini soccer. It would be large enough for the development of tennis courts or a bowls green but there is no identified demand for either of these types of facility.

17. The site is large enough for a children's play area and an associated area of casual public open space, and there is an expressed demand for the provision of such for the village. There is a shortfall of 1.2 hectares (3.0 acres) of land for outdoor playing space. The assessment site could be used to help meet some of this identified demand.

18. The assessment site does not provide an effective opportunity to complement the existing network of bridleways in the locality.

Background Papers

(a) Leicestershire County Recreation Strategy, Leicestershire County Council, September 1992. (b) Harborough District Local Plan, Harborough District Council, February 1995. (c) The Six Acre Standard - Minimum Standards for Outdoor Playing Space, National Playing Fields Association, 1992. (d) Equestrian Strategy and Action Plan, Leicestershire County Council, February 1999. (e) Responses from the Chief Officer (Environment and Economic Development) of Harborough District Council in reply to consultations, dated 20th February and 5th March 2001, held on Planning and Transportation file No. 7/5/28. (f) Response from Tilton on the Hill Parish Council in response to consultations dated 10th April 2001, held on Planning and Transportation file No. 7/5/28. (g) Response from the local County Councillor for the area dated 23rd April 2001, held on Planning and Transportation file No. 7/5/28. (h) Response from Sport England dated 12th February 2001, held on Planning and Transportation file No. 7/5/28. (i) Memorandum from the Director of Property dated 19th January 2001. (j) All other papers consulted in the preparation of this report are held on Department of Planning and Transportation file No. 7/5/28. (k) Letter from Chairman of the Tilton on the Hill Village Appraisal Committee dated 8th May 2001, held on Planning and Transportation file

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