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R Eport O F the S Elect C Ommittee O N P Layground Facilities for Children

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R Eport O F the S Elect C Ommittee O N P Layground Facilities for Children R e p o r t o f t h e S e l e c t C o m m it t e e o n P l a y g r o u n d F a c il it ie s f o r C h i l d r e n REPORT OF THE SELECT COMMITTEE ON PLAYGROUND FACILITIES FOR CHILDREN At the sitting of Tynwald Court on 21st May 2002 it was resolved that a Select Committee of three Members be established to - "examine the-provision of play areas and playing fields for children ivithin residential areas and investigate - (i) ways of supporting local authorities in providing such facilities; (ii) the use of Section 18 of the Town and Country Planning Act 1991 to provide such facilities." Mrs H Hannan MHK (Peel) Chairman Hon D C Cretney MHK (Douglas South) Mr R W Henderson MHK (Douglas North) The powers, privileges and immunities relating to the work of a committee of Tynwald are those conferred by sections 3 and 4 of the Tynwald Proceedings Act 1876, sections 1 to 4 of the Privileges of Tynwald (Publications) Act 1973 and sections 2 to 4 of the Tynwald Proceedings Act 1984. Copies of this Report may be obtained from the Tynwald Library, Legislative Buildings, Bucks Road, Doughs IMI 3PW (Tel 01624 685516, Fax 01624 685522) or may be consulted at www.tynwald.org.im All correspondence with regard to this Report shoidd be addressed to the Clerk of Tynwald, Legislative Buildings, Bucks Road, Douglas IMI 3PW. i This Report contains a selection of photographs taken mainly during the Committee's site visits. These are intended to illustrate some of the findings and recommendations of the Committee, and to generally provide illustrations of the play areas that are available throughout the Island. All photographs were taken by Mr R W Henderson MHK, with the exception of that of the improved site at Peel Kerroo Coar taken by Mrs H Hannan MHK and Peel Youth Culture site on Peel Promenade which was taken by Mr Paul Young, Youth Worker. 2 To: The Hon Noel Q Cringle MLC, President of Tynwald, and the Hon Council and Keys in Tynwald assembled REPORT OF THE SELECT COMMITTEE ON PLAYGROUND FACILITIES FOR CHILDREN PARTI: INTRODUCTION 1. Background At the sitting of Tynwald Court on 21st May 2002 it was resolved that a Select Committee of three Members be established to - examine the provision of play areas and playing fields for children within residential areas and investigate - (i) ways of supporting local authorities in providing such facilities; (ii) the use of Section 18 of the Town and Country Planning Act 1991 to provide• such facilities. 2. After a ballot Mrs Hannan, Mr Cretney and Mr Henderson were elected, and at the first meeting Mrs Hannan was elected as chair. 3. The Committee has held nine meetings. 3 STRATEGY 2.1 At its first meeting the Committee resolved to adopt the following strategy: (a) to invite members of the public to submit views in writing; (b) to invite all local authorities in the Island to submit views in writing; (c) to invite Members of Tynwald to submit views in writing; (d) To establish the current planning procedures in operation with regard to the provision of play facilities; (e) to specifically inquire from the Director of Planning within the Department of Local Government and the Environment how often Section 18 of the 1991 Town and County Planning Act had been used with regard to the setting aside of land for play facilities in residential developments; (f) to invite Government Departments/Agencies that are in any way involved in the provision of playgrounds or leisure facilities in residential developments to submit views in writing; (g) to invite a representative selection of Island developers to submit evidence; (h) to take oral evidence from selected parties; (i) to carry out site investigations of a representative sample of play sites across the Island and talk to those children using them; and (j) to reach conclusions about the best way forward both in supporting local authorities in the provision of play facilities and the use of Section 18 of the 1991 Town and Country Planning Act using the evidence received. 4 2.2 With regard to the term "playing fields" the Committee has used the term to refer to the provision of fields for children's play rather than the provision of formal playing fields. However the Committee does believe that there is a lack of such formal playing fields and would welcome initiatives in this area, but believes such initiatives are beyond its remit. 2.3 The Committee will use the phrase "play areas" throughout the Report to refer to both playgrounds and playing fields. PART 2 EVIDENCE 3.1 The Views of Members of the Public - 3.1.1 Eight members of the public submitted written evidence to the Committee. Some of this evidence was specifically related to individual planning applications or pieces of land and was therefore outside the terms of reference of the Committee. 3.1.2 The evidence from members of the public that did relate directly to the Committee's terms of reference tended to focus on the provision (or lack of it) of play areas adjacent to their own homes, and these submissions underlined the patchy provision of play areas across the Island as a whole. Some members of the public also pointed out the problems of vandalism and the disrepair of some equipment on some play areas. 3.1.3 A copy of the public notice published in the press inviting members of the public to submit evidence and the replies received are included as Appendix 1. 3.2 The Views of Local Authorities - 3.2.1 Eighteen local authorities submitted written evidence to the Committee and these represented both the large authorities and the smaller parish authorities. The evidence provided in these responses indicated the 5 divergence in the provision of play areas between authorities across the Island, and the financial problems faced by, especially the less wealthy authorities, in providing new equipment and maintaining existing equipment. Many local authorities indicated that they would like to see either developers or central Government making a greater financial contribution to the cost of play areas. Finally some made mention of the potential problem of legal liability in the event of an accident on a play area owned by the authority. 3.2.2 A Copy of the letter inviting local authorities to submit written evidence and the replies received are included as Appendix 2. 3.3 The Views of Members of Tynwald - 3.3.1 Twelve Members of Tynwald submitted written views to the Committee. The replies from Members indicated the diversity of play area provision across the Island. Some Members were able to point out that within their constituency provision was good, whilst others pointed out little or no facilities were available. In general, however, all Members emphasised the importance of the provision of such facilities and it was suggested that Government grant aid should be set at 50% of the cost of the particular playground project. 3.3.2 Many of the Members believed that provision of facilities suitable for all age ranges of children and young people should be essential and a requirement of planning consent. 3.3.3 Several Members argued that developers should be much more proactive in the provision of play areas. Some suggested this could be by developers being required to develop play areas before the completion of the site and others argued that developers should have to make some contribution to local authorities towards the cost of playgrounds being equipped. 3.3.4 It was also suggested that the Committee should undertake a full audit of all play area facilities which may then be useful for the Department of Local Government and the Environment in comparing the performance of different local authorities. One o f the finest play areas seen by the Committee at Coronation Park Ramsey. 3.3.5 A Copy of the letter inviting Members to give written evidence together with their replies are included as Appendix 3. 3.4. The Current planning procedure with regard to playground provisions - 3.4.1 The Committee noted that the Isle of Man Planning Scheme (Development Plan) Order 1982 which covers the planning procedures and requirements contains almost no reference to the provision of play areas or open spaces at all. It does indicate that within residential estates open spaces and play areas are necessary for the establishment of an attractive environment but no specific requirements are laid down. 3.4.2 Each planning application is looked at individually by the Planning Directorate of the Department of Local Government and the Environment, with the Directorate deciding what open space and play area provisions are necessary and negotiating with the developer to ensure these are included as 7 a condition of planning permission. Exactly what open space and play area provisions are adopted depends upon the existing provisions of play facilities within the area, the size and scale of the proposed development and the nature and location of the site itself. It is the normal practice for the land set aside in the development for open space and play areas to have its ownership transferred from the developer (or whoever the land owner may be)to the relevant local authority who will then provide and maintain the facilities. It is possible for the Department of Local Government and the Environment to enter a legal agreement with a developer under Section 18 of the 1991 Town and Country Planning Act to set aside a particular piece of land for open space/play area use.
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