Sports Clubs & Club Development Planning Bulletin 18 | August 2006

www.sportengland.org/spatialplanning Sports Clubs & Club Development | Planning Bulletin 18 01

Introduction 01 Introduction To many sports clubs, the planning system represents Tenure 02 one of the hurdles, which they need to overcome when Case Study 01 – City Football Club seeking to develop, redevelop or finding alternative Case Study 02 – Thames Ditton Lawn Tennis Club accommodation for their club site. To other sports clubs Relocation 06 the planning system represents a procedural mechanism Case Study 03 – Boston United Football Club available to them to challenge redevelopment proposals Designations 09 Case Study 04 – Bromborough Golf Course of their grounds and facilities where there may only be a Intensification 11 tenant. In some cases these can command a high media Multi-Use Facilities 12 profile as the continuing saga of the relocation of Case Study 05 – South Weald Cricket Club Brighton and Hove Albion demonstrates. Design 15 Previous editions of the Planning Bulletin series have Information 16 investigated: intensive use of sports facilities; sport in the Green Belt and; sport stadia. This edition of the Planning Bulletin seeks to bring together many of the issues raised in the above editions in a club-focused edition, and focuses on: – Tenure; – Relocation; – Designations; – Intensification; – Multi Sport Clubs; and – Design. 02 Sports Clubs & Club Development | Planning Bulletin 18 Sports Clubs & Club Development | Planning Bulletin 18 03

Tenure Over the years there have been numerous In January 2002 the York City Supporters Local managers are then appointed to issues surrounding clubs and tenure, Society Limited (known as ‘the Trust’) was manage and maintain the facilities whilst almost all of them in relation to the loss formed. With the aid of a local newspaper the NPFA acts solely as the custodian or of sports facilities. This is because many campaign, the Trust generated an holding trustee. Guidance on long-term sports clubs are located in areas of high enormous amount of support, publicity, recreational land protection was land value, which make them very fundraising and positive action for the developed by the NPFA as part of the susceptible for redevelopment for housing, benefit of the football club. The Trust elected New Opportunities Playing Fields and retail and business locations. In many board members who volunteered time and Community Green Spaces Programme, cases, developers approach clubs with effort to lead the work, with their main delivered by Sport England. It notes that ideas over relocating the club to another objective to ensure the continuation of several stakeholders and processes serve site, however in cases where the club does professional football in York. They also to safeguard playing fields or recreational not own the site, clubs are vulnerable to sought to develop the business side of the land. The approach is based on the need landlords seeking to maximise the value club whilst seeking to secure the club’s for quality provision maintained to the of their asset seeking to remove the club presence at Bootham Crescent, and highest possible condition. Recreational through rent reviews, end of tenancy looking for an alternative site, which would land has the best chance of being used agreements etc. secure the long-term future of the club. and valued by owners, users, grant providers and the public if it is of the The formation of the Trust has given the Case Study 01 highest quality. supporters a powerful voice to influence York City Football Club the future of the football club. It is also A second option is for the land to be held In 1999 ownership of the club’s Bootham hoped that a club can be built through by local charitable trustees. Clubs have Crescent ground, the club’s home since the Trust which embraces its relationship a number of sources of grant funding 1932, was transferred from the football with supporters, schools, businesses and available through Sport England, with club to a new holding company, with the the community. the level of funding determined by match club effectively becoming mere tenants at funding. A condition of private funding may The latest position on Bootham Crescent the ground. mean that the funding is lost if local control (June 2006) is that the original planning is relinquished, for example to the NPFA. The Bootham Crescent ground was seen application remains lodged, but is on hold. as valuable asset, situated within a City The application will only be pursued in A further consideration for clubs to be of booming property prices. Unsurprisingly, conjunction with an application for a new aware of under tenure is what happens if the supporters became immediately stadium facility. The site selection process their sporting facility is simply demolished. alarmed, and even more so on learning is still underway with possible candidate A court case involving the demolition that a national housebuilder had acquired site subject to feasibility studies. One of of facilities at the Thames Ditton Lawn a 10% stake in the holding company with the issues for the Trust to decide is whether Tennis Club in Surrey highlighted this rumours of secret deals which would mean to include multi functional and non-sporting potential issue. the ousting of the football club. community facilities within the proposed new stadium in pursuit of its wider objective The threatened loss of the Bootham for the City of York. Crescent facilities also threatened the club’s existence in the football league and its The York City example demonstrates a community vision. The club then lost its trend of separating clubs from their assets, security of tenure of the ground and a with other clubs both inside and outside planning application was submitted in July football having experienced similar 2002 to redevelop Bootham Crescent with tenure difficulties. 93 houses. At the same time, the club had There are a number of options available accumulated debts of around £1 million to clubs to help secure their assets. and was plunged into administration with Options available to clubs to protect land the prospect of liquidation. and facilities include vesting the freehold The club was on the brink of extinction, of a site to the NPFA. This is thought of with players and staff facing unemployment as one of the most secure ways of and the supporters and the community protecting land. facing the loss of their club, the only football league club in North Yorkshire. 04 Sports Clubs & Club Development | Planning Bulletin 18

Case Study 02 The planning system has also much to Thames Ditton Lawn Tennis Club offer in the protection of clubs: Planning Policy Guidance Note 17, the designation The club’s premises consisted of hard and of playing fields in development plan and grass tennis courts, pavilion, storeroom, local development frameworks, and the garage and unsurfaced car park. The role of Sport England as a statutory club’s lease was due to expire in 1995 consultee on planning applications and the club applied for a new tenancy, affecting playing fields. which was opposed by the landlord, who expressed an intention to demolish the Other regulatory processes, such as premises on the termination of tenancy. the requirement to secure the consent of the Secretary of State for Education The landlord submitted a planning and Skills for the disposal of school application for residential development and playing fields (see Planning Bulletin 16, appealed against its non-determination by School Sites and Community Sports Elmbridge Borough Council. Provision) can also influence the decision The appeal was subsequently refused by making process. the Secretary of State on the grounds that It is not just demand from the private recreational space would be lost without sector, which can undermine clubs. The equivalent replacement. continual demands of the treasury for The landowner then announced their public bodies to maximise their assets intention to demolish the premises and the also causes problems. court placed considerable weight on the A final case example on vulnerability of argument that planning permission would clubs who do not own their own facility not be required to demolish the premises is the case of Rissington Kart Club. The and there was nothing to prevent them club have held national and international going ahead with the demolition. kart racing meetings at a circuit maintained The County Court agreed with this view, at Rissington Airfield in Gloucestershire. however the club took the case to the The site is a disused military airfield owned Court of Appeal and successfully by Defence Estates. The use of the land overturned the decision. by the Kart Club has been on going for over 50 years under Crown Immunity. This judgment confirmed that planning permission was required for the breaking However, this year the club were told up and digging up of the tennis court as that the land would only be available this was deemed ‘engineering operations’ for motorsport use in the future on the and therefore ‘development’ under the consideration that the number of meeting Town and Country Planning Act 1990. days would not exceed those set out in the Town and Country Planning (General It also confirmed that the situation was Permitted Development) Order 1995, different for the demolition of ‘buildings’ to comply, the Kart Club would have to and the landowners had a valid point as forego some four meetings a year. far as the demolition of the pavilion and storeroom was concerned. Under the Given their non-profit making status and definition of development and the the revenue generated by each event, Demolition Direction 1995 which describes the club expect a severe impact on buildings whose demolition is not cashflow and their ability to comply with development, outside conservation areas various legislative requirements. Other planning control applies to the demolition motor racing clubs may be faced with of dwelling houses and any buildings the same issues, which could have a adjoining them. Planning permission is negative impact on the sport as a whole. not required for the demolition of, amongst others, sports buildings. 06 Sports Clubs & Club Development | Planning Bulletin 18 Sports Clubs & Club Development | Planning Bulletin 18 07

Relocation Relocation is an issue facing many sports Case Study 03 There would be considerable scope for clubs. Some may choose to do so in order Boston United Football Club differences of opinion on whether the to improve or expand facilities, or remove condition had been complied with. Such A development company went to appeal a conflict with neighbouring land users, a condition would therefore fail the test of in February 2005 over a proposal to others, such as York City Football Club precision in Circular 11/95. Consequently, develop Boston United Football Club’s may be forced to do so by circumstances the Inspector concluded that the stadium for houses. outside their control, as discussed earlier. development would be likely to lead to The site was designated in the Local Plan the loss of facilities contrary to policies, Relocation or exchange of open space, as recreational open space and this was which seek to protect them. The appeal sports or recreational facilities is supported by policies within the Plan was dismissed. addressed in paragraph 13 of PPG 17, echoed those in set out in PPG 17. It which states that the new land and Had this appeal been allowed with a was common ground between the parties facility should be at least as accessible generic and negatively worded condition, that the development proposed would be to current and potential new users, and it could have encouraged speculative inconsistent with these policies unless an at least equivalent in terms of size, planning applications to redevelop playing acceptable equivalent replacement was usefulness, attractiveness and quality. fields and sports facilities. Applicants would provided. In this case, no replacement have a realistic prospect of circumventing The aim should be to achieve qualitative facility was before the Inspector, although the requirements of PPG 17 during the improvements to open space, sports possible sites had been identified. assessment of their applications. and recreational facilities. Local Planning The appellants considered that a negatively Authorities (LPAs) should use planning What the Boston United case highlights worded condition would be sufficient to obligations or conditions to secure the is the need for development proposals secure the continued provision of the sports exchanged land and ensure necessary incorporating replacement facilities to be facility. A draft condition was suggested. enabling works are undertaken and comprehensively thought through and a However, the Inspector considered that the replacement facilities are capable degree of certainty for delivering alternative there was no certainty that a replacement of being maintained adequately through equivalent or better provision must ground would be provided. management and maintenance agreements. be achieved. He noted advice in Circular 11/95 (The Guidance contained in paragraph 15 Use of Conditions in Planning Permissions) of PPG 17 states that LPAs should give which set out six tests planning conditions very careful consideration to planning should meet, including the tests of applications involving development on precision and enforceability. Planning playing fields. It advises that planning conditions must be sufficiently precise permission should not be allowed unless for a prospective developer to know one of the four criteria can be complied what must be done to ascertain whether with. Criterion (iii) is that the playing field or not he has complied with them. to be lost as a result of the proposed development would be replaced by a The Inspector held that a judgment playing field or fields of equivalent or better would be required on whether a future quantity and quality and in a suitable replacement facility was equivalent or location, a reiteration of Sport England better. Such a judgment would be a policy on playing fields complex and subjective matter involving a wide range of issues including the In circumstances where a replacement nature, accessibility, quality and scale of off-site facility is relied upon to justify activities to be provided. development of open space, sports or recreational facility, full details of that replacement facility must be provided. Sports Clubs & Club Development | Planning Bulletin 18 09

Designations Planning Bulletin 13 explored the issue of would accommodate a relocated score Sport in the Green Belt and looked in depth card room and committee room, with the at recent decisions of the Secretary of space vacated by these rooms being State where sport facilities were proposed converted into a staff rest room, store in the Green Belt. The football academies and toilet facilities. of Derby County and Chelsea Football At the appeal the LPA argued that there Clubs were case examples where very was already a large range of facilities special circumstances were required to available in the golf club house, more than justify inappropriate development. those deemed necessary by Sport England. To summarise, unless a proposal for a The proposed extension, it was argued, sports building can be demonstrated would not provide essential facilities to as being both essential and for outdoor enable golf to be played at the club. Further, sport, it will generally be considered the LPA claimed that the development inappropriate development in the Green proposed was to enlarge a building, Belt. Very special circumstances are which was already beyond the maximum required to justify inappropriate size recommended by Sport England. development. Examples of essential The Inspector considered that not only facilities given in Planning Policy was it expected that a game of golf Guidance Note 2 Green Belts are small should be supported by the provision of changing rooms or unobtrusive spectator essential changing facilities, it was also accommodation or small stables for reasonable to expect sufficient facilities outdoor sport and recreation. for a degree of social recreation. Some Defining what is ‘small’ and ‘essential’ days would involve competitions, annual in this context is a matter of considerable meetings or prize awards when significant debate. Reference is frequently made to numbers of people could be expected appropriate standards set out in Sport and these would require additional facilities England guidance such as the Pavilions such as toilet facilities for general use, and Clubhouses Guidance Notes. separate and distinct from the changing room facilities. As schemes that seek funding from the Sport England Lottery Fund must accord The Inspector formed the conclusion, with such guidance, it would seem having one eye on a possible legal reasonable for LPAs and Planning challenge, that even if his acceptance of Inspectors to give these documents a good the proposal as appropriate development deal of weight. Planning Policy Statement was flawed, very special circumstances (PPS) 7 Sustainable Development in Rural justified the development: the development Areas advises that in Areas of Outstanding would not be visually intrusive; there would Natural Beauty the conservation of the not be an unacceptable encroachment into natural beauty of the landscape and the the green belt and; there was no adverse countryside should be given great weight impact on openness. The appeal was in planning decisions. allowed and planning permission granted. The Bromborough case demonstrates Case Study 04 the constraints on development and the Bromborough Golf Course level of justification required – even for Bromborough Golf Club is located modest expansion of club facilities when within the Green Belt on the Wirral. located within the Green Belt. It is also an The development proposed included example of a wide meaning given by an the erection of a ground floor extension Inspector to the term essential facility for to the clubhouse and also the addition of outdoor sport, albeit a nervous one! a first floor to part of the existing building adjacent to the car park. The extension Sports Clubs & Club Development | Planning Bulletin 18 11

Intensification Sports clubs may at some stage consider In intensifying use at facilities, sports increasing the use of their facilities. clubs will need to be aware of issues Floodlighting of courts by a tennis club concerning: for example, not only gives the club – the potential noise and disturbance to increased flexibility by allowing evening nearby adjacent residential occupiers. use but also represents a way of better This can be generated from players utilising an existing facility without the and spectators during training and need to construct additional courts. In matches and by users arriving and terms of pitch-based sports, synthetic leaving the facility; surfaces have a greater carrying capacity than a normal grass pitch and are therefore – light pollution and spillage, particularly an attractive proposition to increase usage as it affects adjacent dwellings; throughout the week, particularly with – water run off from hard surfaces; regard to training. Intensive use of sports facilities was considered by Planning – impact on the physical appearance of Bulletin 3 and revisited in Planning Bulletin the site, particularly where a grass pitch 14 and we reported then that apart from is replaced by synthetic turf. one paragraph in PPG 17 there is very The decision maker will have to balance little national guidance on floodlighting. the negative aspects with the benefits Over the last few years there have been wider use of a sporting facility to the club significant advances in the technology of and the wider community. synthetic pitches and floodlighting to allow more intensive use of sports facilities. 12 Sports Clubs & Club Development | Planning Bulletin 18 Sports Clubs & Club Development | Planning Bulletin 18 13

Multi-Use Facilities One of the ‘Priorities for Action’ under March 2006 saw the opening of Salford Case Study 05 Sport England’s Framework for Sport in Sports Village, a state of the art facility South Weald Cricket Club England document is to create new types offering sporting as well as training South Weald Cricket Club in Essex sought of family-orientated multi-sport ‘hubs’, opportunities for everyone. It was funded to provide a day nursery within its existing where fitness and sport facilities are to the tune of £4.7m through Sport England pavilion. The site was in the Green Belt, combined to include support and other / Big Lottery, the Football Foundation, FIFA, in a rural area about a kilometre away social facilities. Salford City Council, The FA, New Deal from the edge of Brentwood, Essex. for Communities, the European Regional There are significant benefits for sports Development Fund and the Neighbourhood Unfortunately for the nursery and cricket clubs to form partnerships with others. Renewal Fund. It is managed under club, it was held that all journeys were Where possible, different sports can be agreement by Salford Community Leisure likely to be made by private car. The access brought together on one site such as tennis, Limited and the facility is also the new lane to the site lacked both a footway and bowls and football, which may in the past, home of the FA. lighting. The Inspector considered that if have had separate pavilions on the same the proposed development was located in recreation ground. Not only can facilities The key aim of Salford Community Leisure an urban area the nursery would have a be used more effectively and enjoy shared Limited under their management agreement choice of travel modes, including walking. running costs, but the sharing of facilities is that local people can use the facilities opens up the potential for shared coaching at affordable prices. The facility has several The Inspector concluded the location was and sports development programmes, grass pitches, two 3rd Generation not acceptable having regard to local allowing people to more easily try other Synthetic Pitches, grass practice areas and national planning policies seeking sports that in the past they may not have and floodlights. The associated building sustainable development and reducing thought about. also contains changing rooms, community the reliance on private transport. The room, bar, conference and meeting rooms, development would materially increase In Planning Bulletin 16 School Sites and an ICT suite with courses organised the use of a Protected Lane, which would Community Sports Provision we discussed through Eccles College. detract from the character and appearance how school sport facilities could be used of the lane. The increase in traffic would by the community during the evenings and At the opposite end of the scale are the also lead to an unacceptable increase in weekends under the ‘Extended School’ numerous local clubs whose facilities highway safety. concept. This means that the school may stand unused for six days a week. provides a range of services and activities Clubhouses could be used during the In dismissing the appeal the Inspector beyond the school day to help the needs week by a créche or an artist studio, added the issue of inappropriate of its pupils, their families and the which would reduce the running costs development in the Green Belt. Up to 20 wider communities. and help improve security in traditionally cars would be parked at the site, up to vulnerable locations. The South Weald twice a day, which would appear intrusive Sports clubs also have a vital role to case demonstrates where a club have especially during the winter months. play in their communities. Football clubs attempted to do this. Although there would be parking associated for example can bring a town and even with the cricket club, this was an ancillary a region together. Many clubs have activity for outdoor sport. The need to communities and education schemes, fund raise to improve facilities and the some of which are funded through the role of the cricket club was acknowledged Football Foundation, in partnership with by the Inspector, but did not outweigh the local education authorities. These include adverse effects identified from the proposal. anti-racism, healthy lifestyles, crime reduction and drug awareness schemes can be delivered using the power and prestige of clubs. Learning in an environment where their heroes play each week also has a motivational effect on participants. Sports Clubs & Club Development | Planning Bulletin 18 15

Design Sport England’s publication (in conjunction The advice of each stakeholder will feed with CABE) Better Places for Sport seeks into forming the outline brief for the project to assist those involved in sports projects at the preparation stage. During the design to deliver the best outcome for sport, stage it is important to review the design projects, future uses and wider social at key parts of the process. goals. It contains a step by step guide Considerations will include the accessibility and check list for each stage of the of the design, sustainability and energy project, applicable to new buildings, efficiency and spatial efficiency, extensions, renovation or open spaces. including circulation. The four project stages: There will not be a ‘one size fits all’ solution – Preparation or a right design. However, careful checking – Design at all stages will help achieve high design – Construction quality. Clubs will need to meet their – Use accommodation requirements in a sustainable and accessible building not Obtaining planning permission will be one forgetting the quality of internal space. of the first in a list of approvals required during the project stage and should preferably be sought at the design stage. In Planning Bulletin 16 we emphasised the need (in that case for schools) to engage advice from the different stakeholders early in the project. These include: – users; – neighbours; – volunteers; – local and national sport governing bodies; – schools; – coaches; – Sport England; – youth leaders; – designers and constructors of similar projects; – the local authority; – an architect. 16 Sports Clubs & Club Development | Planning Bulletin 18

Information Author Sport England Every effort has been made to ensure the Planning Bulletin 13 Sport in accuracy of the information contained in Dyfan Jones this publication. Sport England, its servants the Green Belt Steven Abbott Associates or agents shall not at any time, in any London, Sport England 2003 circumstances, be held responsible or liable to any party in respect of any loss, damage or Further Reading Sport England costs of any nature arising directly or indirectly Planning Bulletin 14 Intensive from reliance placed on the material in this CABE / Sport England Use Facilities Revisited publication or any other guidelines or policies Better Places for Sport London, Sport England 2004 issued by Sport England. London, HMSO This information has been prepared as a basic Sport England Department of the Environment guide only and should not be viewed as a Planning Bulletin 16 School Sites substitute for obtaining comprehensive expert Circular 11/95 Use of Conditions in and Community Sports Provision or professional advice. All rights reserved. Planning Permissions No part of this publication may be reproduced, London, Sport England 2005 London, HMSO 1995 stored in a retrieval system or transmitted in Copies of the Planning Bulletins any form or by any means, electronic, mechanical, NPFA / Sport England photocopying, recording or otherwise without may be downloaded from the Sport Sport England Playing Fields and the permission of Sport England. England website. Community Green Spaces Programme: © Sport England 2006 Guidance on Long Term Recreational Websites Land Protection Design by Mosley London, Sport England 2002 Sport England Printed by Identity Press www.sportengland.org/spatialplanning NPFA Protecting your Playing Fields, York City Supporters’ Trust A ten step guide www.ycst.org.uk London, NPFA 2006 National Playing Fields Association ODPM www.npfa.org Demolition of Sports Facilities: Consultation Paper www.thefa.com London, HMSO 2000 Salford City Council ODPM www.salford.gov.uk PPS 7 Sustainable Development in Rural Areas London, HMSO 2004 ODPM PPG 17 Planning for Open Space, Sport and Recreation London, HMSO 2002 Sport England Pavilions and Clubhouses Design Guidance Notes London: Sport England, 1999 Sport England Framework for Sport in England London, Sport England 2005 Sport England Planning Bulletin 3 Intensive-Use Sports Facilities London, Sport England 1998 SE-0506-008 www.sportengland.org/spatialplanning East South East Sport England – East Sport England – South East Crescent House, 51a Church Street, 19 The Crescent, Caversham, Bedford MK40 2QP Reading RG4 8AX T 08458 508 508 T 08458 508 508 www.sportengland.org/east www.sportengland.org/southeast

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