Report For: Executive Item No: Date: 04 February 2019 Report Of: Service Director, Healthy Lives & Children’s 10 Integrated Commissioning and Parks Operations Manager Report Author: Matthew Hudson and Rick Donnelly

Subject: Playing Pitch Feasibility & Pavilion Demolitions Lead Executive Member(s): Cllr Rachel Hopkins Wards Affected: , and Challney Consultations: Councillors ☒ Scrutiny ☐ Stakeholders ☒ Others ☐

Recommendations 1. Executive is recommended to approve:

(i) further feasibility work with key stakeholders to determine viability and indicative costs of the sites ranked highest for Football, Cricket and Hockey.

(ii) the Section 106 statement for Sport England, prepared in consultation with the planning team, Corporate Legal Team and Planning Solicitor.

(iii) the demolition of the 3 pavilions: Lothair Road Recreation Ground; Foxdell Recreation Ground Sports Pavilion; and Chaul End Porta-cabin.

Background Facility Placement Feasibility Study

2. The number of people playing formal football has reduced. In adult participation has declined steeply over the last 3 to 4 years, which reflects a national trend. A local football development stakeholder group has been established to improve the current position, including: the Council; Beds FA; Active Luton; Luton Town FC; and the county sports partnership.

3. The reverse is true of cricket, with the local demand outstripping the number of facilities available in the borough. The Luton Playing Pitch Strategy reported that a number of teams (10 teams, over 100 players) regularly travel outside of the Borough to access cricket pitches and a higher standard of play, which has been attributed to a lack of pitches locally.

4. The English Cricket Board has announced Luton has been assigned “Core City Status”, which means it is a target for investment and growth in cricket for the next three years.

5. In February 2018, Luton Council Executive adopted Luton’s Strategic Vision for Sport and Physical Activity (18-22) which provides a strategic framework for the delivery of sport and physical activity within Luton. The following two outcomes are key to the delivery of the strategic vision:

a. ‘Maintaining existing and developing high quality, sustainable spaces for sport and physical activity’; and

b. ‘Facilitating high quality, population relevant ‘sport’ programmes which address wider outcomes of physical and mental wellbeing and social and community development’

6. A site option feasibility study was commissioned in order to investigate the site options, facility requirements and costs for the provision of new sports facilities to support the development of football, cricket and hockey in Luton. The Sports Consultancy, in partnership with Space and Place Architects were appointed by Luton Council in August 2017 to complete a facility placement feasibility study.

7. The study primarily focused on Football and Cricket. Hockey was also included due to being part of the strategic group, contributing to cost of the study and as local clubs were being organised into a consortium, it was agreed that they would be able to support plans with their own resources.

Pavilions

8. The Council’s Green Estate includes 15 pavilions, with the annual building maintenance repairs budget is approximately £50,000 and the most recent condition reports indicate a backlog of repairs in excess of £700,000.

9. The Parks Service and Property & Construction Service reviewed the Green Estate in late 2017 and identified for closure Lothair Road, Foxdell Recreation Ground, and Chaul End changing room, in view of their unaffordable refurbishment costs.

S106 obligation for Sport England

10. The Town and Country Planning (Development Management Procedure) Order 2015 (DMPO) requires Local Planning Authorities to consult with specific bodies. Sport England is a statutory consultee on planning applications involving the loss of playing pitches.

11. Through the planning process the Council as Local Planning Authority is considering a number of planning applications involving the loss of playing pitches. Government policy, expressed in the National Planning Policy Framework, states that playing fields should not be built on unless, amongst other things, the loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality. Sport England’s policy on playing fields reflects this and consequently Sport England is able to place holding objections until it supports any proposed mitigation.

12. Where Sport England have made objections; the removal of objections against developments must meet with one or more of five specific exceptions. Sport England generally quote exception 4 which states that “the area of playing field to be lost as a result of the proposed development will be replaced, prior to the commencement of development, by a new area of playing field; (a) of equivalent or better quality; and (b) of equivalent or greater quantity, and (c) in a suitable location, and (d) subject to equivalent or better accessibility and management arrangements.” Sport England will remain opposed until this exception has been met.

13. The usual mitigation is for a financial contribution to enhance infrastructure with a clear plan where this contribution will be invested. Luton Council, therefore, needs a clear framework on the re-investment which needs to be considered and agreed by Executive.

The Current Position Facility Placement Feasibility Study

14. The Steering Committee for the implementation of the Luton Sport & Physical Activity Strategy 2018-2022 were presented with the consultants findings outlined within the final report document dated September 2018.

15. The Steering Committee are in support of the recommendations for Cricket and Hockey, which are to place facilities at Stockwood and Cardinal Newman respectively. The recommendations for football are more complex, as the consultant has scored both Stopsley Common and Ely Way facilities with the joint highest score.

S106 obligation for Sport England

16. The following statement is subject to approval through Luton Council Executive.

17. “Luton Council agrees that the Section 106 contribution for replacement and improved sports facilities shall be paid towards delivering improvements and enhancements to support cricket and football infrastructure in order to deliver key outcomes of the Playing Pitch Strategy 2014-2021 and Strategic Vision for Sport and Physical Activity adopted by the Luton Council Executive in February 2018. This includes the following projects:

18. Provision of a Step 5 Football Facility (An artificial grass pitch suitable for non-league senior football up to step 5 of the football pyramid and associated facilities (including parking provision and changing rooms) The potential sites identified in the feasibility study are: Stopsley/Lothair Recreational Ground; Ely Way; Lewsey Park; and/or

19. the replacement of or improvements to existing adult football or cricket facilities (playing pitches and supporting facilities such as changing and parking) at either one or more than one of the following locations:

20. Stockwood Park, Luton, (cricket);

21. Stopsley/Lothair Recreation Ground, Luton, Bedfordshire (football); and/or

22. Lewsey Park Recreation Ground, Luton Bedfordshire (football and cricket)”

23. The specifics detailing the requirements of the Section 106 obligation will need to be identified in any Committee Report (Planning Committee, as part of the Local Planning Authority). (See legal implication box below)

Pavilions

Lothair Road Recreation Ground

24. Lothair Road Recreation Ground Pavilion is a building constructed in the 1960s located behind Inspire Sports Village, just off Lothair Road, in the Stopsley Ward of the Borough. It provides changing facilities, showers and some storage to sports clubs playing organised sports on Stopsley Common. It primarily serves adult football teams during the football season, which runs from October to the following April. The pavilion is used on Saturdays and Sundays during the football season and very occasionally during the week for other events.

25. The pavilion is seriously dilapidated and significant capital investment, estimated at £230,000 is required in order to meet compliance standards particularly regarding water services and legionella. The building was due to close following the construction of the Inspire Sports Village in 2012, hence the reason for no investment in the building. Lothair Road pavilion has been shut over the summer of 2018 as it poses a health risk if it continues to be used without significant spending on Legionella works. Teams that did use it have been relocated to Stockwood, Leagrave or Lewsey Parks. Capital investment funded from priority maintenance priority programme is being used to upgrade services within Leagrave and Lewsey Pavilions to cope with increased usage.

Foxdell Recreation Ground Sports Pavilion

26. Foxdell Recreation Ground Sports Pavilion was constructed in the 1970s by the football club then using the ground, Brache Sparta FC. They were granted a ground lease by the Council which included permission to build the pavilion. The pavilion consists of a bar and social area, toilets, two changing rooms and a shower room. It has always been run by an independent football club and never by Luton Council. Consequently, there are no records proving good management and compliance with health and safety legislation, which were an obligation of the tenant.

27. The club ceased to operate several years ago and was taken over by a Trust in 2011. There has been a history of poor payment and more recently letting the property fall into disrepair. In October 2015 the Council was forced to act and remove part of the veranda roofing as it was collapsing at clear risk to the public, as this was not being actioned by the owner. In October 2017, the property was surrendered to the Council, who were threatening action on the grounds of disrepair and payment arrears. Consequently, the pavilion is now unused and has been closed since October 2015. It is not safe to be used because of a large hole in the roof and it is also starting to attract anti-social behaviour / vandalism. Additionally, there are no records available from former leaseholders to prove adequate building maintenance in the areas of fire equipment maintenance, legionella control, electrical testing or asbestos management.

Chaul End Porta-cabin

28. Chaul End porta-cabin is a building brought on site approximately 10 years ago. It consists of two changing rooms, each having a shower and toilet and a small referees room. It was used primarily but not exclusively by the Luton Old Boys home games, a local football team based at the Chaul End open space since the construction of the community centre in 2001. The changing rooms were managed by the Council Parks Service and not the football club.

29. Luton Old Boys (now called Old Boys of Luton) maintain their clubhouse building at the Chaul End location but they no longer play their home games here. Over the years the number of teams fielded by the club has declined to the extent that they now have one adult team active. Therefore they will use one of the district parks for their games, like all other local clubs and the Chaul End Open Space will no longer have a football pitch marked on it. Therefore the changing rooms are redundant and provisionally can be reused in a school.

Goals and Objectives 30. To respond positively to the reducing demand for adult football and support programmes to increase participation in football, cricket and hockey.

31. Deliver against Strategic Vision for Sport and Physical Activity (ambition 2, outcome 5 and 6), Luton’s Playing Pitch Strategy and Indoor Sports Facilities Strategy.

32. To demolish three pavilions with unaffordable refurbishment costs that will improve public safety and generate annual revenue savings.

Proposal Facility Feasibility Study and s106 Planning Statement

33. To conduct further feasibility work with key stakeholders to determine viability and indicative costs of the sites ranked highest for Cricket and Hockey

34. To conduct further feasibility work with key stakeholders to determine viability and indicative costs of the three sites that were ranked highest for Football

35. Once additional feasibility work has been concluded a report will be completed with an update on progress relating to Cricket and Hockey, and further recommendations to inform a decision on the preferred site for the proposed Step 5 Football Facility

36. To provide Sport England with the statement put forward in this report and provide assurances relating to Section 106 contributions

Pavilions

37. To demolish Lothair Road Recreation Ground Pavilion, Foxdell Recreation Ground Sports Pavilion and Chaul End changing rooms. 38. None of the pavilions proposed for demolition host cricket so this action will have no impact upon the sport. The current annual revenue costs, the capital investment required and the demolition cost for each pavilion are shown in Table 1 below. This demonstrates that it is financially non-viable to bring the pavilions up to standard. For a one-off cost of £79,000, all pavilions can be demolished to generate annual revenue saving of about £20,000, which is a payback period of 4 years. The demolition costs can be met from within the available budgets of the Property & Construction division

Table 1 – Pavilion Costs – Revenue & Capital Capital Revenue Demolition Pavilion Investment Notes Costs p.a. Cost Required Lothair £16,730 £230,000 £39,000 Closed – poor condition Road Foxdell N/A N/A £13,000 Closed - beyond repair Recreation Chaul End £3700 N/A £6,000 Closed – surplus to requirements Denotes * standing utility charges

Financial Implications 39. It has been agreed that full demolition cost will be met within the existing Fixed Assets budgets in 2018/19 without incurring any additional cost to the Council.

40. There will be no income loss to the Council as a result of demolition of these pavilions.

41. Net book value for these assets in the Council Balance Sheet is £46,593 which will need to be written off when demolition takes place. This will have no adverse impact to the Council finance position.

Key Risks Facility Placement Feasibility Study

42. Pending the identification of indicative costs, there is no set budget, therefore funding for the proposed recommendations will need to be sought.

S106 obligation for Sport England

43. Luton Council will need to take other factors into account if the financial payment offer is deficient on face but balanced against other benefits and possible viability arguments. These decisions rest with development Control Committee.

Pavilions

44. Failure to demolish the pavilions will result in an increasing risk to public safety and continue to attract antisocial behaviour.

Consultations 45. Beds FA, TeamBeds&Luton, Active Luton, English Cricket Board, England Hockey, Sport England, Luton Planning Department, Luton Town FC Community Trust, the football leagues and ward councillors.

Alternative options considered and rejected (please specify) 46. To pursue no further investment in sport facilities. Rejected as enhancements in sport infrastructure and facilities are key strategic objectives of the Strategic Vision for Sport and Physical Activity.

47. Not to provide assurances to Sport England and allow objections to stand. Consequence is detailed within the report.

48. Pavilions to remain standing. This was rejected due to public health and safety risks.

49. To refurbish pavilions. Rejected as no capital budget available to carry-out the refurbishment of the pavilions.

Appendices Attached Appendix A - Integrated Impact Assessment

Background Papers The Feasibility Study is a large document and can be made available upon request.

IMPLICATIONS

For Executive Reports: • All grey boxes must be completed • All statements must be cleared by an appropriate officer

For CLMT Reports: • Only the dark grey boxes must be completed • Clearance is not required

SECTION 17 CRIME AND DISORDER ACT 1998 In reaching the recommendation set out, due regard has been given to the duty imposed upon the Council under Section 17 of the Crime and Disorder Act 1998 to do all it reasonably can to prevent crime and disorder in its area. In this instance the recommendation to demolish the pavilions will result in the reduction of anti-social behaviour (vandalism).

Legal Clearance Agreed By Dated Although the s106 statement may be endorsed by Steven Sparshott 24 January the Executive, it will be for the Local Planning Planning Solicitor 2019 Authority to determine if any such s106 request made to the LPA in relation to a planning application and pursuant to the endorsed statement is compliant with the Community Infrastructure Levy and therefore: (a)necessary to make the development acceptable in planning terms; (b)directly related to the development; and (c)fairly and reasonably related in scale and kind to the development.

In addition, any such s106 obligation will need to be site and infrastructure specific and cannot breach the pooling restrictions which prevents councils from taking a s106 obligation into account as a reason for granting planning permission if more than five separate planning obligations for that project have already been sought in other s106 agreements entered on or after 6/04/10

Finance Clearance Agreed By Dated Financial implications are included in the main body Atif Iqbal (Finance 21 January of the report. Business Partner People & 2019 PHCP Departments)

Integrated Impact Assessment (IIA) – Key Points

Equalities / Cohesion / Inclusion (Social Justice) Clearance Agreed By Dated Improving facilities for sport and physical activity has Maureen Drummond, 16 January the potential to have a positive impact on community Cohesion and Equalities 2019 cohesion, reducing poverty and health and wellbeing. Adviser The link between sports / positive activities for young

people ensure better social and health impacts is well established. In this case, no disproportionate effect on people with protected characteristics has been identified.

Environment Clearance Agreed By Dated The demolition of the pavilions will have a positive Keith Dove, Strategic Policy 16 January impact on the parks, open space, cleanliness and Adviser 2019 design. Indirectly, encouraging more sport and physical activity in the local community can also encourage more sustainable travel, improving the environment. Health Clearance Agreed By Dated Providing the right environment for sport and physical Stephen Gunther 16th January activity to take place is of huge importance, as the 2019 quality, quantity and appropriateness of the natural and built sporting infrastructure of an area will have a direct bearing on participation levels, but can also bring additional benefits such as reduced traffic congestion, increased community cohesion and social interaction. Community Safety Clearance Agreed By Dated

Staffing Clearance Agreed By Dated

Other Clearance Agreed By Dated