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.
3.4.3 A copy of the Department of Local Government and the Environment Isle of Man Planning Scheme (Development Plan) Order 1982 is included in the Report as Appendix 4.
3.5 The Views of Relevant Government Departments -
3.5.1 The Committee identified the Department of Local Government and the Environment (DLGE) (including the Planning Directorate and the Health and Safety Inspectorate), the Department of Education (DoE), and the Department of Tourism and Leisure (DTL) as being the Government Departments most closely associated with its remit and these were asked to submit evidence in writing. In addition an informal meeting was also held with the Minister for Education and Director of Education. The information received from these Departments contained a number of particularly interesting items.
3.5.2 The Committee recognises that the Department of Tourism and Leisure does not have any specific obligation regarding the provision of play areas, but notes that it has the power under the Recreation and Leisure Act 1998 to provide such facilities if it wishes and that it has produced a strategy concerning general leisure in the Isle of Man in which play areas are
8 identified as being an important component of leisure facilities. This document (Isle of Man Sport and Recreation Strategy 2002-2012) was received by Tynwald in July 2002.
3.5.3 The reply received from the Minister for Local Government and the Environment identified the fact that the Department makes a grant of up to 25% to local authorities who apply towards the cost of playground equipment subject to financial limits determined by the Department. It also authorises borrowing by local authorities for the provision of play areas. Between 1987-2001 the Department had approved some £660,000 in grant money paid to local authorities. In respect of estates provided by the Department of Local Government and the Environment, between 1992 and 2002 about £143,000 was spent on the play area facilities. Furthermore, the Minister in her evidence to the Committee (see Report of the Proceedings of the Select Committee of Tynwald on Playground Facilities for Children on Tuesday 1st October 2002 page 8) indicated that the Department spent £700,000 per annum on play area upkeep.
3.5.4 The Department of Education's responses indicated that school playgrounds and playing fields are available out of school hours, that the Department has insurance cover against its own negligence and that equipment is regularly inspected. This inspection takes the form of an annual formal inspection together with regular informal inspections by school staff. Any damage discovered leads to equipment being fenced off and repaired as soon as possible. In addition the Minister for Education, in a separate submission, indicated that he felt school playgrounds are under utilised. He wrote;
"There exists throughout the Island a proznsion of potential play areas, paid for out of the public purse, which are in practice under utilised. I refer to school playgrounds, which although as a matter of policy are open for public use in the evenings, weekends and holidays, are not used as fully as they might be."
The Committee understands that the Department is keen to remedy this situation and is proactive in seeking to encourage the use of these facilities. It
9 also welcomed the information that the Department is undertaking an audit of play facilities available at its schools. The Committee also appreciated the problem faced by the Department of Education in seeking to be more proactive in encouraging the use of school play facilities out of school hours, namely that the greater the use, the greater the risk of damage and vandalism and the greater the need for supervision.
3.5.5 A Copy of the letter inviting each Department to submit evidence, together with its reply/ies is included as Appendix 5.
3.6 The Views of Representative Developers -
3.6.1 Letters were written to eight developers, (as representative of the Island building industry) to invite them to submit their views with respect to the provision of play areas. Four replies were received. Of the four, Audlyn Construction pointed out that it does not build residential homes. From the remaining replies it is clear that the developers understand the need to make land available for play areas, with the amount of land being dependent on the size of the proposed development.
3.6.2 In addition they do not consider it their role to equip playgrounds because of possible litigation in the case of an accident. However oral evidence given on 30th October 2002 suggested that some developers are not entirely opposed to making a financial contribution towards the costs of equipping of playgrounds.
3.6.3 A copy of the letter inviting developers to submit evidence, together with the replies received is attached as Appendix 6.
3.7 The Town and Country Planning Act 1991 -
3.7.1 Given the specific remit to inquire into the use of Section 18 of the Town and Country Planning Act 1991, a specific approach was made to the Director of Planning, through the Department of Local Government and the Environment, concerning the use of Section 18 with regard to play areas. The
10 response to this request came during the giving of oral evidence, see Section 3.83 for full details.
3.7.2 A copy of Section 18 of the Act (and Section 13 of the 1999 Town and Country Planning Act) is attached as Appendix 7 and the oral evidence given by the Director of Planning is attached as Appendix 8.
3.8 Oral Evidence -
3.8.1 The Committee held two public sessions where oral evidence was taken. The two were on Tuesday 1st October 2002 and Wednesday 30th October 2002. At the first session evidence was taken from Mr I McCauley Director of Planning, Hon P Crowe MHK Minister for the Department of Local Government and the Environment, Mr R Ellison of the Health and Safety Inspectorate, and representatives from Douglas Corporation, Braddan Commissioners, Arbory Parish Commissioners and Castletown Commissions. The Commissioners invited to give evidence were chosen to represent a cross section of urban and rural, small and large authorities.
3.8.2 At the second session evidence was taken from Mr J McLoughlin of Heritage Homes Ltd, Mr M Blackburn of Parkinsons Ltd and Mr J Wilson of JG Kelly Ltd as representatives of the construction industry. PC Drowley of the Isle of Man Constabulary (who at the time he gave evidence was Police Architectural Liaison Officer and Crime Reduction Officer) then gave evidence to the Committee and finally Mr P Young (Youth Officer) and Mr M Taylor (Youth Worker) representing the Youth Service gave evidence. The representatives from the Youth Service showed a short video consisting of the views and opinions of several young people.
3.8.3 Hansard transcripts of both oral evidence sessions and the papers produced by Mr Taylor and Mr Young of the Youth Service and PC Drowley are included as Appendix 8.
11 3.9 Representative Site Visits -
3.9.1 The Members of the Committee undertook site visits to a number of play areas on Wednesday 23rd October 2002 during the late afternoon and early evening. Play areas visited were: Douglas - Nobles Park, Douglas - Governor's Hill, Braddan - Snugborough; Marown; Peel - West View, Peel - Marine Parade and Peel - Kerroo Coar.
3.9.2 A further extensive round of site visits took place on 26th March 2003 . The following sites were visited: Douglas - Anagh Coar, Braddan - Farmhill, Ballasalla, Castletown - Poulson Park, Castletown - Bowling Green Road, Port Erin - adjacent to the railway station, Port Erin - Breagle Glen, Port St Mary, Jurby, Ramsey - Mooragh Park and Ramsey - Coronation Park
3.9.3 The procedure at each site visited was to examine the location of the site with respect to nearby housing, the variety and condition of equipment provided, the playground surfaces, the provision of fencing, seating and benches, and to ask those using the facilities for comments on how adequate they were and what more they would like to see provided. Photographs of each site visited were also taken and a selection is included within the Report.
3.9.4 Summaries of the findings of these site visits a are included as Appendix 9.
A Selection of play areas visited during the Committee's site investigations
Farm Hill play area Braddan. Anagh Coar play area Douglas.
12 Maroum play area. Ballasalla play area.
PART 3 DELIBERATIONS AND CONCLUSIONS
4.1 The Committee's deliberations were founded upon three strongly held beliefs:
(a) that provision of adequate, safe and well maintained play areas and open spaces for the children across the whole of the Island is essential for the physical and mental development and well being of our children (and indeed the population at large);
(b) the careful selection of play area sites to avoid them either being too close to housing or too remote from it; and
(c) local government is normally the correct body to provide and maintain play areas. This has historically been so, the Local Government Consolidation Act 1916 provided that commissioners of a district may support or contribute to the support of public walks or pleasure grounds (See section 326) and ever since the main provision of play areas has rested with local authorities. The Committee believes that local authorities remain the most appropriate bodies to provide most play areas since they know the needs of their own local area and can be proactive in supervising and maintaining equipment. The Committee also understands, and welcomes, the fact that the Department of Local Government and the Environment provides play areas in some of its
13 residential estates and is also aware that the Recreation and Leisure Act 1998 permits the Department of Tourism and Leisure to provide such facilities if it wishes.
4.2. The provision of existing play facilities within residential areas -
4.2.1 From the evidence received, the Committee made the following observations regarding the provision of play areas within residential areas:
(a) both evidence received by the Committee and its own observations from the site visits suggested that some parts of the Island are well served by play areas, with a number local authorities having taken considerable trouble and expenditure to provide safe, well maintained, well equipped facilities of a very high standard. The Committee was particularly impressed with the facilities at Nobles Park in Douglas and Coronation Park and Mooragh Park in Ramsey. However in some parts of the Island provisions were far less extensive or almost non existent. In addition a few sites that did exist were very poorly equipped or ill suited, in terms of location, to be a play area;
Ramsey Coronation Park - a well equipped and maintained play area.
14 Peel Kerroo Coar play area -not a well sited area. (Left) Kerroo Coar before improvement. (Right) Kerroo Coar after improvements works were completed
(b) the provision of facilities for younger children seems to be generally better than the provision of facilities for those in the older age range, that is 12-18. The Committee understands that young people sometimes require more expensive facilities such as BMX parks or skateboard parks, and clearly some local authorities do not have the land available or finances available to provide these. Furthermore the Committee also understands that some of the facilities asked for by young people may only reflect a passing phase and that any decision to spend money on providing such may therefore be a difficult one for a local authority to make. The overall provision of BMX parks, skateboard parks etc is very sparse across the Island, with many areas simply not offering these, including some towns. Where such facilities are provided they should be of a good standard with proper surfaces and as far as possible be located where they will cause as little noise disturbance as possible to neighbouring properties. It may be that some facilities are just too expensive for each local authority to provide
15 and some national provision may therefore be desirable. Such provision may be in one central location or perhaps in 2 or 3 regional locations. It may be that the Department of Tourism and Leisure, under the powers available to it in the Recreation and Leisure Act 1998, would be the most suitable body to provide such national facilities, although such joint facilities could also be provided by a consortium of local authorities;
Nobles Park Skate Board Area,
Breagle Glen (Port Erin) Skate Board Area.
16 (c) the issue of the location of sites was of prime importance. The Committee observed that some sites were too close to housing which meant the high probability of residents being disturbed by noise, and that some sites were just too far away from housing meaning that they become less attractive to children to use and are not under any observation which rendered them less safe for younger children to use and also increased the possibility of damage or some other form of unacceptable behaviour taking place. Clearly little can be done about the location of existing sites but the Committee believes location to be of prime concern in the planning of new sites (see paragraph 43.4(ii));
(d) with regard to the issue of playing fields for the use of children, the Committee noted that some residential areas do incorporate such facilities such as those seen by the Committee during its site visits at Nobles Park, Anagh Coar, Breagle. Glen, West View Peel and Coronation Park Ramsey, while other play areas lack open space. In addition the Committee noted that the Department of Education has such facilities in many of its schools; and
Open space artd piay area at West View Pee!.
17 (e) according to evidence received by the Committee from the Department of Education, the use of school playgrounds and playing fields out of school hours by local children is encouraged.
4.2.2 From these deliberations the Committee concluded that -
(i) whilst it has been suggested that the Committee undertake an audit of play facilities, the Committee does not believe that it has the expertise to undertake such an audit itself. However it feels an audit would be most useful and that the National Playing Fields Association (NPLA) could be invited to assist local authorities by coming to the Island to undertake an audit of existing play areas for younger children and facilities for older children; and identify areas which are under provided. The audit could be used to highlight areas where further play area provision is required which would help local authorities, and the Department of Local Government and the Environment in providing adequate facilities for all age ranges of children and young people. Such an audit could also identify those play areas which required some updating by the provision of more imaginative play equipment and play equipment suitable for use by children with disabilities. In addition this audit could advise on those areas which require the provision of some open space and could also consider the recommendations made by this Committee. The NPLA may also be able to offer suggestions as to how to muffle noise of equipment to reduce noise to neighbouring properties;
(ii) the Department of Education should be encouraged to continue with its policy of seeking to promote the use of play facilities within schools outside of school hours, and the Committee believes that local authorities might also liase with the Department to seek to further promote the use of these facilities;
(iii) local authorities may like to consider establishing play area user associations to link the providers and users of facilities. The Committee was most interested to hear of such organisations that already exist, for example the Skateboard Users Association at Nobles Park which
18 brought together the young people using this facility and those providing it. Such user associations could be most valuable in communicating to local authorities what the users of these facilities would like and thus enable them to provide better facilities;
(iv) the Committee noted a greater need for facilities for older children. Often young people want somewhere where they can go without adult supervision, and they clearly do not want the playground type facilities younger children require. The Committee would encourage all local authorities (and indeed all bodies involved in the provision of play areas) to follow the good practice of some authorities and engage in dialogue with these young people to ascertain what they want and how this may be provided. The establishing of inter agency bodies(such as that in Peel) which seek to bring together all agencies (including teachers, social workers, the Police, Youth Workers (including outreach workers), local authorities and MHK's) which have a role or interest in working with young people is something the Committee would like to see extended throughout the Island. The experience and success of this development in Peel certainly points to the value of these bodies being established (see paragraphs 4.6.4 and 4.6.5(vii)). There are certain specific facilities which may currently be desirable to provide for young people such as skateboard and BMX parks. The Committee realises that the popularity of such activities does ebb and flow; and that such facilities may be costly to provide. The Committee welcomes the recent positive comments by the Department of Tourism and Leisure in encouraging the provision of such facilities and hopes that Department will do all in its power to assist with the development of such facilities for older children. This could be achieved through that Department using its powers under the Recreation and Leisure Act 1998. In addition the provision of attractive shelters for young people to congregate in would be a welcome development. The Committee noted that Braddan Commissioners had provided such a facility at Snugborough and that these sorts of shelters can play a useful role in helping young people de velopmentally; and
19 Part of the Peel Youth Culture area on Peel Promenade taken on a rather stormy day.
(v) the Committee believes that it is very important that all play area facilities should be regularly inspected to allow proper maintenance. Such inspection would not only identify defective equipment but also the presence of broken glass or litter so that it could be removed speedily. Furthermore it also believes that some facilities now appear rather worn. A policy of repair and renewal of facilities is one which should be encouraged. Any such policy could include the provision of more imaginative play equipment such as that provided in some of the better sites visited by the Committee, such as Nobles Park, Coronation Park and Mooragh Park and the introduction of play equipment suitable for children with disabilities to use.
- \
20 4.3. The provision of play areas in new residential developments -
4.3.1 The Department of Local Government and the Environment Planning Directorate currently does not have any standards for the provision of open space or play facilities for children which it applies to all planning applications. Applications are assessed on a case by case basis, which means that the provision of play facilities on new developments can be erratic. Once the play provision has been identified it is then usual for the ownership of the land involved to be transferred to the relevant local authority, as a condition of planning approval, and for the authority to develop and maintain the playground.
4.3.2 The Committee observed in the case of new developments that the normal practice is for the land designated for play areas to be adopted by the local authority, who are then responsible for the equipping and maintenance of the playground. This may or may not include a financial contribution from the developer towards the costs of equipping the playground.
4.3.3 There seems to be a tendency on the part of some developers to leave any development of play areas until almost the end of construction on a site. Whilst this may be more convenient to the developer, it means that the children who come to live on the development in its earlier stages will have no play areas which may encourage them to use the building site instead. Quite clearly that is something which is inherently dangerous. Furthermore early provision of a play area will ensure that a suitable site is provided rather than utilising a space which may be left over once the development is complete that may not be ideal for such use and it would also encourage families moving into the development to feel welcome.
4.3.4 From these deliberations the Committee concluded that -
(i) all new developments must have adequate play provisions and these should be set down as a condition of planning permission being granted. The Committee believes that it is most unsatisfactory for the present situation where the Department of Local Government and the
21 Environment has no specific standard for the provision of play areas in new developments to continue. However it recognises that the Department has already sought to address this matter in the Draft Strategic Plan.
The provision set out in the Draft Strategic Plan (which has yet to receive approval from Tynwald Court) for play areas to be provided according to the number of houses built (See Appendix 4 of the Draft Strategic Plan) is regarded as adequate by the Committee and it would fully support this part of the Draft Strategic Plan. Basically this requires that in all developments of 20 or more houses, play areas should be provided and as developments increase in size so the size of the area should increase proportionately. Developments of 20 to 99 homes should include a Children's Play Space which includes a Toddler Play Area (Local Area for Play LAP) and an Equipped Play Area for children between 5 and 12 (Local Equipped Area for Play LEAP). Developments of over 100 homes should include 2 Toddler Play Areas and a larger Local Equipped Area for Play. All new developments should also incorporate Formal Open Space with a greater area being allocated for this in the larger developments. Finally Neighbourhood Equipped Areas for Play (NEAP) which are unsupervised sites for mainly older children should be available for more substantial developments. These should be located within 15 minutes walk from homes and would cater for children between the ages of 8 and 14. They would include at least 8 types of play equipment and provide areas for ball games and opportunities for wheeled play such as skateboarding and bicycling. Full details of the requirement for the provision of these facilities will be found in Appendix 4 of the Draft Strategic Plan.
The Draft Strategic Plan follows the NPLA guidelines for the size of such facilities, and also provides for other open space to be provided in addition to formal playgrounds.
22 The Committee does feel that 20 homes as a minimum number for the provision of a play areas may be a little arbitrary but recognises that a minimum size has to be set. It would hope, however, that the Planning Committee would ask that some play area facilities be provided on a smaller development where that development consisted primarily of first or second time buyer houses and where therefore there were likely to be children.
Furthermore the Committee also feels that where a new development consists of 200 or more houses, serious thought should be given to including as a planning requirement the provision of a formal playing, field.
Finally the Committee believes that new play areas should be equipped with imaginative play equipment and play equipment suitable for use by those with disabilities.
A copy of Appendix 4 of the Draft Development Plan is attached to this Report as Appendix 10.
(ii) the exact location of a play area in a new development should be the subject of considerable care and attention. It should not be wedged in between houses that physically adjoin it, otherwise a potential for noise problems may arise. Equally it must not be so far away that the site is not easily accessible or observable. Hence when a new development is being planned at a very early stage the location of the play area should be decided upon. In deciding on a location, some thought should be given to a site which will allow opportunities to change the provision of facilities to meet future changing requirements.
The Committee endorsed the opinion of PC Drowley that the Police should be involved at an early stage in the planning of a new playground in order to ensure as far as possible that the implications of potential playground locations within the development are thoroughly
23 evaluated. The oral evidence given by PC Drowley on 30th October 2002 was most helpful and the Committee firmly believes that more use should be made of such expertise in the discussions relating to the siting of play areas.
For a full consideration of the law and order issues, see section 4.6 The Law and Order Implications of Playground Facilities.
(iii) the process of transferring the ownership of the land designated for play purposes in a new development to the local authority is generally a satisfactory one As stated in Paragraph 4.1. In addition the financial recommendations the Committee wishes to make may encourage local authorities to take over land designated for play use since the costs of development would initially be, in part at least, born by the developer. ( see paragraph 4.4.4 (tv) below) (iv) in a new development the construction of play areas should not be left until last, but should be carried out at the same rate as the houses become occupied, so that children moving into the area have a play facility. As a general rule of thumb, the Committee believes that some play facilities should be ready for use once ten houses in any 24 development are constructed. It is appreciated that this may be difficult for a developer who may wish to use the land designated for a play area for storage or other development purposes, but the Committee believes this is a necessary requirement for the well being of children living on a development still in its construction phase. The early provision of play facilities may well help discourage children from playing on the building site. Furthermore the provision of playgrounds and open space in general will serve to enhance the quality of life for residents and this is particularly important while a site is being constructed and the residents have to live with the noise and general disturbance this may bring. Such early provision will also ensure that the area used for play facilities is suitable for that use and not just a parcel of land that is left after the development has been completed. 4.4. The Financial Implications for Local Authorities of Providing Play Areas - 4.4.1 The Committee is well aware of the high cost to local authorities of installing and maintaining playground equipment. A number of replies received from local authorities pointed out that some might like to provide more facilities but could no afford to do so. 4.4.2 Investigation of funding for schemes showed that the Department of Local Government and the Environment provides a grant of up to 25% of the cost of a scheme. The Committee is aware that financial restraints within the Department of Local Government and the Environment may make the full payment of a grant difficult but is pleased to note that no application for financial assistance under this scheme had been turned down by the Department. The Committee is also aware that, as an additional source of funding, the Department can and does sanction local authority borrowing for the purposes of equipping playgrounds. 4.4.3 It was also apparent, during oral evidence given on 1st October 2002, that some developers provide a financial contribution towards the cost of 25 equipping a new playground on a development. Where the Department of Local Government is the developer, it should lead the way in the provision of and updating of play equipment. 4.4.4 From these considerations the Committee concluded that - (i) the Department of Local Government and the Environment should undertake a more positive campaign to inform the local authorities of the availability of funds towards the provision of playground equipment. This could encourage local authorities to be more pro active in making applications for such grants to facilitate the provision of better playgrounds in the future; (ii) some increase in the grant paid by the Department of Local Government and the Environment to local authorities is desirable given the high costs of providing playground equipment that conforms to the Health and Safety requirements. Therefore the Committee believes that the Department should consider raising the level of grant paid to local authorities. It is the opinion of the Committee that 40% of the cost of equipping of playgrounds, where the local authority is the only provider of funds, should be provided by the grant. However the payment of the increased level of grant should be conditional upon a local authority having in place a planned maintenance programme for playground equipment. Furthermore the Committee believes that generally the Department should pay the full amount of the grant to all successful applicants rather than just a proportion. If financial constraints within the Department of Local Government and the Environment make the payment of a grant impossible in one financial year, then the Committee believes that this grant should receive priority for paying in the next financial year; (iii) since new developments bring with them increased rate income to the local authorities, part of that income could be used by the local authorities to provide, maintain and update playgrounds and pay 26 interest charges on any loans raised to help provide play facilities as well as to provide for the general maintenance of the area; (iv) developers should be required to provide 50% of the costs of the local authority equipping a playground. The developer could be given the choice of either buying some equipment (which must of course conform to the latest Health and Safety standards) or making a financial contribution to the local authority towards the cost of purchase. The Committee believes that since private developers will benefit materially from the sale of property in the development, it is not unreasonable to expect them to meet a proportion of these costs. It also believes that it is incumbent on all developers to provide a high quality of environment on all developments; and (v) the Committee recognises that local authorities have the responsibility for the equipping, up keep and maintenance of play areas and that it is their responsibility to ensure the provision of sufficient funds to do so. Port St Mary play area (left) and Nobles Park play area (right) both equipped with modem play equipment which is expensive to provide. 4.5. The Health and Safety Implications of Providing and Maintaining Play Areas - 4.5.1 Evidence gathered by the Committee underlined the importance of ensuring the provision of all playground equipment is to the highest standards and that it is regularly inspected and maintained. Standards for the equipping of playgrounds are set down in seven parts by the British Standards Institute 27 (BSI). These seek to ensure playgrounds meet the British and European standards although the Committee understands that they are not legally binding. They are the Standards used by the National Playing Fields Association (NPLA) as the basis for all advice given regarding development and maintenance of playgrounds. Furthermore the Royal Society for the Prevention of Accidents also provides considerable information on good practice relating to the provision and maintenance of playgrounds and their equipment. Because of their bulk, the British Standard for Playground Equipment and the Royal Society Guidelines are not included as an appendix of this Report, but are available for consultation in the Tynwald Library. 4.5.2 The Committee understands, from the evidence it has received, that no playground in the Island has been deemed unsafe by the Health and Safety Inspectorate and that no prosecution has occurred as a result of negligence. It was also heartened to hear in the first public evidence session from several authorities that they regularly inspect sites and seek to undertake repairs to equipment as quickly as possible. 4.5.3 From its own site investigations the Committee was pleased to note that for the most part playgrounds it visited were of a reasonably high standard in terms of both safety provision and maintenance. On a number of sites visited, prominent signs were displayed giving contact details for the local authority responsible, in case those using the playground found any damage. However there were one or two cases where equipment had not been properly maintained and could be dangerous, or where surfaces were uneven. Furthermore some evidence from play area users expressed concern over the condition and safety of some play areas. 28 (Lefi).Well maintained play area atPoulson Park Castletown (although the site is a little isolated) and (right) another well maintained area at Governor's Hill Douglas; 4.5.4 From these deliberations the Committee concluded that - (i) all new playground equipment and playground surfaces should conform to the latest safety standards as laid down in the BSI British Standards for Playground Equipment. The Committee feels very strongly that this is essential both for the well being of children using the facilities and to reduce the chances of litigation on the grounds of negligence following a playground injury. This problem together with the high cost of providing and maintaining play equipment reinforces the Committees view that the Department of Local Government and the Environment should consider increasing, the level of grant payable; (ii) it is essential for local authorities to maintain regular (daily wherever possible) inspection of both the grounds and play equipment to ensure any defective equipment or surfaces are quickly identified and put right, and broken glass, litter etc can be quickly cleared up. It would be helpful if all sites carried a notice displaying how to contact the local authority in case of damage being discovered and indicating that for health and safety reasons dogs should not be allowed onto play areas; (iii) if the NPLA visits the Island to conduct a survey of the provision of playgrounds it could also comment on the standard of equipment and 29 surfaces in existing play areas and identify whether any improvements are required to bring these playgrounds up to the required standard. 4.6. The Law and Order Implications of Play Areas - 4.6.1 The Committee noted that in evidence presented to it some residents disliked having children's play areas immediately adjacent to their houses as there can be noise and occasionally damage to property. In addition the Committee's own site visits noted a number of play areas that were too close to houses. It is therefore vital that the siting of play areas should be clearly identified at the earliest stage in designing a new development so that potential purchasers can see immediately whether their home would be adjacent to such facilities. An excellent play area which is sited perhaps a little too far from adjacent property at Snugborough Union Mills. } A well presented play area at Governor's Hill which is reasonably close to adjacent housing. 30 4.6.2 Furthermore the Committee was pleased to note that, in the main, there was little vandalism or anti social behaviour in play areas by children or young people, but appreciated that this could be a problem at some sites. It was heartening to hear, in public oral evidence, from the Police that incidents of crime and anti social behaviour linked to playgrounds and parks are quite rare and where these do occur they tend to be only of the lower order of offences. However the Committee is aware that this does not stop some neighbours expressing concern about noise levels and general disturbance from play areas. Such disturbance can make life for residents very difficult. 4.6.3 Nevertheless the Committee agrees with the PC Drowley who gave oral evidence, that there is no room for complacency and that all agencies need to work together and in consultation with the users of play areas to ensure they remains a safe environment for children and young people and provide the facilities that are needed for the children and young people using them. 4.6.4 The Committee also welcomed the comments made by Mr Paul Young in his oral evidence, regarding the reduction in crime in the Peel area following the establishment of the Youth Culture area on Peel Promenade which was the product of an inter-agency initiative. This initiative was started by Youth Workers who felt that the community should be doing more for young people. The Committee feels that the success of this project helps justify the further extension of such joint initiatives across the whole Island. The young people themselves can have an input to these meetings, but almost always chose to do so through their local Youth Workers. Play area User Groups could be invited to participate in these joint initiatives, and could also have input through Outreach Youth Workers. 4.6.5 From these deliberations the Committee concluded that - (i) play areas should be lit wherever possible until at least mid evening to discourage any abuse and to permit children to play in them safely during the winter months, lighting does normally provide an increased level of security; 31 (ii) it would be helpful if the Police patrols visited play areas more often, as part of their regular patrols and not just in response to complaints. Such visits would be particularly appropriate during the evenings to ensure the safety of children and that vandalism and anti social behaviour are kept to a minimum; (iii) it would also be helpful if the local Police Community Officer visited play areas regularly and talked with those using them. This would not only help improve law and order but also help to develop relationships between the young people and the Police; (iv) to reduce complaints about children playing ball games against the wall of a home, play areas should be provided (where they are used by older children and space permits) with either a wall for use by children in playing ball games or an area appropriately fenced on all four sides within which such ball games can take place or any area provided with goal posts with nets; (v) Close Circuit Television (CCTV) could be considered as an additional security measure in some circumstances. The Committee noted its use at Coronation Park in Ramsey and believes that there are other sites where its use may be of some help to deter vandalism; (vi) play areas in new developments should be located with regard to the impact they may have on homes, but also with regard to the problems that may be produced by having them in a remote or isolated section of a development. Some compromise between these two elements is essential. The Committee appreciates that this will never be an easy issue to resolve which is why it must be addressed at the very earliest stage in planning a development. In order to do so the views of the Police, through a Police Architectural Liaison Officer, should be sought in preparing plans for future play facility developments; and 32 Lighting and CCTV are in use at Coronation Park Ramsey. (vii) positive action should be taken to create inter agency bodies throughout the Island to seek to plan and provide for the needs of older young people, along similar lines to the inter agency body created in Peel, so that they too could be consulted regarding existing and future developments. 5. The Use of Section 18 of the 1991 Town and Country Planning Act - 5.1.1 Section 18 of the 1991 Town and Country Planning Act (and Section 13 of the 1999 Town and Country Planning Act which will ultimately replace the 1991 Act) provides that a piece of land can be subject to a legally binding agreement between the Department of Local Government and the Environment and any person having an interest in the land, which would restrict the use of that land for a particular purpose. 33 5.1.2 In the context of the provision of play facilities Section 18 should be used to ensure that a particular piece of land is designated as a site for a play area, and therefore a developer would not be able to use that piece of land for any other purpose. The exact location of the play area would need to be considered very carefully and input from the Police Architectural Liaison Officer is vital. That piece of land would then normally have its ownership transferred to the relevant local authority who would then be responsible for providing (with the developer) and maintaining the playground. 5.1.3 It is for this reason that the Committee was keen to know about the occasions on which Section 18 has been used. The response from the Director of Planning indicated that there had only been one occasion upon which Section 18 had been used to secure the provision of open space, that being in respect of land at Whitebridge Road and Groudle Road in Onchan. 5.1.4 The Committee realises that there are arguments against a wider use of Section 18. These include: (i) the practice of local authorities adopting land designated in the planning approval to be used for playgrounds generally works well meaning that there is no need for a legal agreement. The adopting procedure is provided for in the 1984 Local Government (Miscellaneous Provisions) Act which enables local authorities to acquire open space by transfer or for the DLGE to vest open space in a local authority; (ii) the requirement for a developer to enter into a legal agreement under Section 18 may deter the developer from proceeding with a development; and (iii) the requirement for a developer to enter into a legal agreement could certainly add time to the whole planning process. 5.1.5 However the Committee believes that the present situation does not always work as well as its supporters may suggest: 34 (i) local authorities may be unwilling to, or slow to, adopt a piece of land perhaps because of the potential costs involved or because of problems with general adoption issues. Evidence indicates that this may have occurred on occasions in the past. For example one developer in his written evidence to the Committee indicated that three areas had been made available by the developer (and shown on the original plan) on a large development but that as far as he was aware only one had been developed as a play area. Meanwhile the Committee noted that there had been long delays in the provision of play facilities at Governor's Hill due to associated problems concerning the adoption of roads; (ii) developers may be slow to transfer the land; and (iii) a developer may decide to claim that there has been a change in the material circumstances surrounding the original planning application which leads them to wish to change the use of the piece of land from playground to some other use and put in a new planning application. At the very least this will delay the construction of the playground and it could even mean that the development never gets the play area proposed and approved in the original planning application. 5.1.6 From these deliberations the Committee concludes that - (i) a more sustained use of Section 18 of the 1991 Town and Country Planning Act, and Section 13 of the 1999 Town and Country Planning Act when it replaces Section 18 of the 1991 Act, is the only way to officially secure play areas for new developments; (ii) the Department of Local Government and the Environment must therefore make greater use of Section 18 agreements to ensure some 35 land in a development is guaranteed for play areas and other open spaces in all planning applications which consist of more than 20 houses. A similar provision could be made for playing fields on all developments of 200 or more houses. The Committee feels, that such a course of action, coupled with the new planning procedure outlined in the draft Strategic Plan, would help ensure that playground and playing field facilities would be adequately provided in all future substantial developments. It may seem onerous on both the Department of Local Government and the Environment and the developer to have to enter into such an agreement but the wider application of Section 18 will assist in ensuring that facilities are provided; and (iii) if a developer were unwilling to enter such an agreement, then the planning application would have to be deferred until such time as the developer was willing. The Committee take the view that once developers were clear about this they would probably not object to entering into such an agreement and the system would quickly settle down into a workable one. PART 4 RECOMMENDATIONS 6.1 With respect of the provision of existing play facilities, the Committee recommends that: (a) the National Playing Fields Association could be invited to come to the Island to assist local authorities by undertaking an audit of existing play areas, comment on their safety and identify areas which are under provided, sites that may benefit from the provision of more imaginative play equipment, play facilities which can be used by children with disabilities and areas needing more open space for play. See paragraph 4.2.2(i) and 4.5.4(iii) above; 36 (b) the Committee is encouraged by the concern of the Department of Education to seek to further promote the use of school play facilities outside of school hours and it recommends that local authorities should liase with the Department of Education as an additional way of further promoting use of school facilities. See paragraph 4.2.2(H) above; (c) local authorities should consider establishing playground user associations to link users and providers of facilities. See paragraph 4.2.2(iii) above; (d) much more attention needs to be given to the provision of facilities for older children, dialogue with this age group is essential and the establishment of inter agency bodies to promote and co-ordinate such facilities is most desirable. See paragraphs 4.2.2(iv) and 4*6.5(vii) above; (e) all play areas must continue to be regularly inspected and maintained so that broken equipment can be replaced, glass, Utter etc removed and new and imaginative equipment be provided which is also suitable for use by children with disabilities. See paragraph 4.2.2(v) above. 6.2 With regard to the provision of play areas in new developments, the Committee recommends that: (a) all new developments must have adequate play provisions and these should be set out as a condition of granting planning permission. Such facilities should incorporate more imaginative play equipment and play equipment suitable for children with disabilities. The Committee recommends that the formula for doing so should be that proposed in the Draft Strategic Plan. Furthermore any development of 200 or more houses should have to incorporate a playing field. See paragraph 4.3.4(i) above; 37 The play area at Jurby-a rather remote but well laid out site (b) the exact location of play areas needs careful thought to avoid the problem of being both too close to and too remote from housing, and this matter must be addressed at the earliest stage of design. Furthermore playgrounds should be designed so that changes in the provision of facilities to meet future changing requirements can be accommodated. See paragraph 4.3.4(ii) above; and (c) smoother procedures covering the transfer of ownership to local authorities of the land allocated in a development for play areas, should be agreed between the developer and the local authority at the commencement of the project. See paragraph 4.3.4(iii) above; (d) construction of play areas on new developments should not be left until the end of the development. It should be carried out during the construction programme so that children moving into the new development have play facilities available earlier rather than later and the site chosen is suitable. See paragraph 4.3.4(iv) above. 6.3 With regard to the financial implications for local authorities of providing playgrounds, the Committee recommends that: (a) the Department of Local Government and the Environment should undertake a positive campaign to inform all local authorities of the availability of funding towards the costs of playgrounds. See paragraph 4.4.4(i) above; 38 (b) the Department of Local Government and the Environment should consider raising the level of grant paid to local authorities, and the Committee believes that this should be to 40%, subject to local authorities having in place a proper planned maintenance programme and that the grant should always be paid in full. See paragraph 4.4.4(ii) above; (c) local authorities should be proactive in the provision and maintenance of play areas through utilising the additional rate income derived from new developments. See paragraph 4.4.4(iii) above; and (d) developers should be required to contribute 50% of the cost of playground equipment either by a financial contribution or buying some equipment themselves. See paragraph 4.4.4(iv) above; 6.4 With regard to Health and Safety implications, the Committee recommends that: (a) all new play equipment and surfaces conform to the latest safety standards. See paragraph 4.5.4(i) above; and (b) local authorities maintain regular (daily wherever possible) playground inspections, put right any damage as soon as possible, remove broken glass and litter and display notices at playgrounds giving contact details for the authority in case damage is discovered. See paragraph 4.5.4(ii) above. 6.5 With regard to law and order implications, the Committee recommends that: (a) play areas should be lit wherever possible until mid evening. See paragraph 4.6.5 (i) above; (b) the Police should be encouraged to visit play areas more often as part of their regular patrols, particularly those in built up areas or near to housing and the Police Community Officer should visit play areas regularly to build up relationships with the users. See paragraphs 4.6.5 (ii) and (iii) above; 39 (c) as far as practical play areas should be provided with a wall to be used as a goalpost for those wishing to play ball games or a site fenced with an appropriate fence on all four sides or goals equipped with nets. See paragraph 4.6.5 (iv) above; (d) CCTV could be installed at play areas where appropriate. See paragraph 4.6.5 (v) above; (e) play areas should be sited, in new developments, with regard to both the impact on nearby houses and the problems of having them too isolated. See paragraph 4.6.5 (vi) above; and 6.6 With regard to the use of Section 18 of the 1991 Town and Country Planning Act, the Committee recommends that: (a) because Section 18 is the only way to officially secure play areas for new developments, the DLGE must make greater use of Section 18 for all developments of more than 20 homes. See paragraphs 5.1.6(i) and 5.1.6(ii) above. There is a play arm and open space adjacent to the railway station in Port Erin which is in a central location. 40 PART 5 SUMMARY 7.1 The Committee believes that it is vital for the well being of the children, young people and the community at large that a more pro-active approach is taken by all levels of government and developers concerning the provision of playground, playing field and open space facilities. Such facilities not only provide opportunities for children and young people but being open spaces they also help to improve the environment in general 7.2 The Committee believes that the recommendations contained in this report will help to address the situation, but it also realises that the provision of play facilities is something that requires continual attention if any progress made as a result of its work is to be sustained in the years to come. H Hannan (Chair) D C Cretney R W Henderson A p p e n d ix 1 Notice inviting members of the public to submit written evidence and the replies received SELECT COMMITTEE OF TYNWALD ON PLAYGROUND FACILITIES FOR CHILDREN The Select Committee invite the submission of written evidence from members of the public and other interested parties concerning the provision of playground facilities for children in the Isle of Man. Submissions to me by Wednesday 31st July 2002. Malachy Comwell-Kelly Clerk of Tynwald Office of the Clerk of Tynwald Legislative Buildings, Douglas EMI 3PW TO: Classified Advertising Section Could you please insert the above in the Public Notices section of the next issue of the Courier, Examiner and Independent newspapers. Please invoice Clerk of Tynwald, Clerk of Tynwald's Office, Legislative Buildings, Douglas. If there are any queries please contact Mrs Gill Whiteside on 685501. 3 Ballakermeen Avenue Douglas IMI 4HP 25 July 2002 ftialachy Comwell-Kelly Clerk of Tynwald Legislative Buildings Douglas Isle of Man IMI 3PW Dear Mr Comwell-Kelly The Safety of Children The enclosed diagram is an illustration of what we see as a safety for children problem in Baliakermeen Drive area. Over the years we have sent several letters to the Department of Transport, but nothing has been done and our questions have not been answered It is a very dangerous area, is almost surrounded by parked and moving vehicles, and young children have nowhere else to meet and play. There is also a footpath used mostly by school children leading on to the Drive. We put four questions to the Department of Transport as follows > 1 Why no road signs warning motorists? 2 Why no 20 mph speed limit? 3 Why not extend the double yellow lines? 4 Why two "speed bumps" at the narrow gooseneck at the top of the Drive? May we make a suggestion; Why not make Bailakermeen Avenue into a safe play area for young children. Yours sincere!} A Collister i--* Q_ ^A 3 T ^ S s . XA\ V/ - a _A naa çv-' ^ t ^ O O T É Wi Ì Mr & Mrs N & M Vakil 70 Murrays Lake Drive Mount Murray Village SANTON Isle of Man To the Secretary Planning Committee Dept of Local Government and Environment Murrays House Mount Havelock DOUGLAS 24th September 2002 Dear Sirs Re:01/2047/B-Plot 23 J G Kelly Ltd I again and again object to this planning appeal, you are wasting valuable time and resources of the local Government. The residents have time and again explained that the shop or a park should be erected on Plot 23 for the following reasons: - The shop, which was over 2 miles from the Estate, is now shut. Already the developer has built without applying for a change of planning permission more houses and changed the original concept of the Estate as per the planning condition and 4 houses built without planning in principle. Who was responsible for this action? Who in your Government authorised this? And after Professor Crowe’s report these questions are still not answered by the Planning Department or the Council of Ministers. There is already a Public Inquiry in progress to bring some justice and accountability in the Government Department This has also reduced the capital value of our houses in Murrays Lake Village. The developer now must put something back into the community by making a park for the children to play and senior folks to sit as the kids are playing in the street and cycling on the jogging track and playing on the Golf Course. Accident waiting to happen. a) Three ponds on the estate with no signs warning the kids of ¿anger b) All the residents are taking there life in there hands WHEN CROSSING the main road between the Bus stand c) Roads not made adoptable d) No sleeping policeman in the estate e) No footpaths There is blatant breach of the Town and Country Planning Act. As the residential estate was given planning permission without putting all the necessary amenities in place. The planning department should not entertain any more plans on the estate until all the above amenities in place. As there will be over 170 houses garden/park is needed to serve the community C.C All Island Parks Committee (Mr P Lobao.) C.C.The Chief Constable C.C.The Chairman of the Public Inquiry C.C .Lieutenant Governor of Isle of Man C.C.The Chief Minister CnOUMT CDURRAY HOTEL AND COUNTRY CLUB To All Residents of The Mount Murray Complex Mount Murray, Santon, Isle of Man in order to provide for the smooth administration of the Mount Murray site and to, using a colloquial phrase, “nip any problems in the bud” in my capacity as Manager of the Mount Murray Hotel and Country Ciub 1 feel it is appropriate to write to each and every residential householder on the complex. You will all appreciate that the complex itself is a mixed business and residential area and in this regard it is somewhat unique both in its layout and in the facilities offered. At the Hotel and Country Club, we obviously have a business to run namely providing Hotel accommodation and facilities for visitors and locals - as part and parcel of the services on offer there are extensive sporting facilities provided the main one of which is undoubtedly the 18 hole championship golf course Unfortunately in recent weeks and I am now more conscious of this since the school holidays are upon us, some children of local residents have been utilising a portion of the golf course for a play and recreational area. This not only does damage to the golf course but also interferes with the legitimate activities of the course i.e. the golf matches which are taking place, the maintenance of the course etc. As 1 am sure you will all appreciate the golf course should not be used by any person, child or otherwise, for any purpose other than as a legitimate golf facility; accordingly 1 should be obliged if you would ensure that proper control is kept of all children etc whilst in the vicinity of the golf course. Hopefully a happy co-existence between the interests of the residential householders and the interests of the Hotel and Country Club can be maintained to everybody’s satisfaction. Hotel Genera! Manager Mount Hurray, Santon, IsJe of Man IM4 2HT, British Isles. Telephone: 01624 661111. Facsimile: 01624 61 If 16. ------,u,i,,UURl Douglas, «je « HK.UTH* F17MiSS Directors: P. Moore, A. Nicholson. ru'it... Riverside Ballaterson Farm Ballaugh Isle of Man IM7 5AR Tel. No.: 897701 24th July, 2002 Dear Sirs Re: Select Committee of Tynwald on Playground Facilities for Children I am writing with regard to your notice in the newspaper in respect of the above. I have enclosed a list of signatures of some of those people who are concerned about the lack offaciltties fcfr tft<£>childreii of-ihe Parishof-Biallaugfeynotjustrfortheiyoung children, but also the older ones. I have also enclosed some photographs which show the facilities currently provided. As you will be able to tell from the photographs, the football goal posts have been repaired so many times they pose a health and safety risk to passers-by, never mind the children who avail themselves of the facility. With regard to the slide, this was erected to mark the Queens Jubilee, in 1977, and no longer provides much slide. The Commissioners were approached and asked to provide more facilities and are un>yiijing/unable to do so - 1 enclose a copy of a report in the Manx Independent elated Friday 14th June 2002, which advises “due to other commitments the commissioners are not able to do anything yet, but hope to do so in the future”. We have been waiting a long time now for something to be done, and there are still no visible signs of the Commissioners spending any money on the young people of the village. Yours, faithfully MrsKirsty C ow in.\ t V PRINT NAME SIGN NAME / -CdQIa. • ag-VwX) U ytr^U O -U c-W gle S\ na, q ^> CfY\ A kiCAA ^ ■ M-A£.U£L^ ^ j d U c J r ] '/ £mono IDuno £ .^ u rv~* ^ 'S/>/S /yp/cc/r u j Ll 1 1 ^ o x & j . M £ £ ^ f ? / f.y ^ ^ >1/ CltZsv^ CY-fi y}'j&-r J i/b^V} 5’t^h°rgO<^ tC A i Q4-U /vi IG ^X U vl &CM k ¿iAT>t> Q f . . ^ 0 0 1-' 12 Falcon Street Douglas IsW'dfMan m m m PWneffl$%4626864 Atigwj^0^^hdtmdil.com imfulf2O02 (j(^^BamMX}ffices Douglas W&M0g$tding viewsH im m fiiffitypm 2^SJ^^^hmson^Square 3^Bi^^^0>y§^qt4are 4 i- - ^ : G2enJFalbdh Road S^MzR&S&Ct&Fttem areatrn&WM ¡V&Jre^uehf Ndfrl$sPark;7$£I^ baMS;~The there areveiy;gopd.:Iiyvb^ldb%a^ walking'distance. The rose:g& dens:ait^ 'a.^dlkwdy-fhjrqugh it the JroftZpaft'ofthis.ispe ones y in a M ^ ^ t^ a^ ^ ^ ^ Ór^ !fidePlay area V any for the p a rk listed above. S area m additi™ >° the Yours sincerely, Gr x K Mrs Angela Crook 2 Mon, Jul 15, 2002 9:03 am From: Andrew Jessopp FAO Malachy Cornwall-Kelly I have a few brief comments/observations to make. 1) Whilst a number of playgrounds have been provided or refurbished in recent times, many are located in places leading to conflict with residents. This should be an issue that is properly addressed before any more are built etc. 2) Too many (and one is too many) are allowed to fall into disrepair/get vandalised before any action is taken. This may also be a factor involved In their location. )3) Resources are often targeted towards more densely populated areas, which although understandable discriminates against children living In lower density/rural areas. (This has been my own experience in trying to get a playground/playing field area located in the Quines Hill/Ballaveare area of Port Soderick). 4) Every child should be encouraged to exercise and also mix 'socially' from a young age. Providing playgrounds/playing fields should be a top priority in fulfilling this policy. There should be no exclusions. Yours etc, Andrew Jessopp BSc (Hons) I Page 1 of 1 30 Derby Road Peel Isle of Man IM5 1HP Cleik of Tynwald Office of the Clerk of Tynwald Legislative Buildings Douglas Re: Playground facilities Dear Mr Comwell-Kelly As I have young children I am very concerned about the provision of safe play areas. I have been to many all over the Island, but, some of them can only be classified as dangerous. Many of the problems with playgrounds could be avoided by regular maintenance. Onchan Park has a two phase play area. Phase one was completed a few years back and phase two about a year ago. Phase one hasn’t been maintained (not even a repaint), bolts are missing from the wooden train, others are rusty, and the floor in the engine has collapsed. They have also removed a spring assisted rocking animal, but left the bare metal plate exposed. If any of this had been in a workplace, health and safety would have shut them down. Our children surely deserve the same protection when they play. Peel’s main play area at West View, (enclosed under 5’s section) has broken glass all over the safety mats and jagged stumps of metal where there were once little seats. The main play area is too open allowing it to be fouled by dogs, and the safety mats are badly fitting (in both areas). There are well equipped playgrounds that are in good order, namely at the Bowling Green in Castletown and Mooragh Park in Ramsey. I don’t see why all playgrounds are not kept in the same safe condition. Is there any ruling as to thickness of rope that supports children, as I have noticed some weight bearing play equipment that has frayed (at Jungle World), the remedy was to fit 5mm netting over the area rather than replacing the whole section. Is this safe? I would gladly participate in any further or future consultations when it concerns the safety and wellbeing of children. Yours sincerely Rodger Gimbert 8 Fenella Terrace Peel Isle of Man IM5 1PL Tel 843682 cc: Hazel Hannan MHK Peel Town Commissioners Dear Sir/Madame, May I bring to your attention the need for more favourable play equipment in the West of the Island for younger children, I feel we are sadly lacking in our area, which is a shame, especially when we have the space, the Headlands, West View, Kerroo Coar and Castle Street for example, it is unfortunate that the equipment in these areas is very poor There are some very good Parks on the Island now, which my two small children really appreciate. The Mooragh and Coronation Parks in Ramsey, Poolstom Park in Castletown and Nobles and Onchan parks in the Douglas area are fine examples of what can be achieved. If funds were to be made available I hope that the Peel Parks may be considered for some much needed upgrading, Yours faithfully I :•, Clybane Mancz . Clybane C lc st, Tel: 612670 Farmhill, BriADD Ai\ IK2 2IIX' 16th j-iay 2002 Fir s. H az e 1 H a nnan MH K, Brottby, Peveril Hoad, PEEL IM51PJ Dear Mrs. Hannan, I was very interested to read in the Examiner that you are leading an investigation into play areas in residential areas, For some time now I have been trying to find someone who is prepared to act in respect of the field opposite the Horse and Plough in Ballacottier, but have not got anywhere. When I moved to this apartment Ballacottier School was nearly completed and there was open ground around the site. Gradually since then almost every bit of land has been built on, even the land adjoining the school which I would have tbrought would have been the playing fields* However, playing fields apparently were not considered ao the school i$ tightly surrounded by business units - and they are still building. The only open space in Farmhill now is the field referred to above. I understand this is owned by the Dept of Trade and tha t Dandara have an option to build on it. At first it was to be business units (right up to the school fence). However this was altered but was never started at the time the Braddan Plan was presented and at that time there was a scheme to build 50 houses on the site. I completed the questionaaire and protested about this scheme ana suggested that the area could be added to the school as a playground and games area. I also had a word with Sarah Corlett of the Planning Dept who was dealing with the matter. I also have a copy of the correspondence with Peter Karran on the same lines. I contacted Allan Gawne up to the time of the last election and since then Hartyn Ouayle has been to see me. David Cretney has also been up to my apartment v/hich overlooks the site. Unofficially I was told Dandara will not reslease their option unless they get market price. I hope you may be able to do something about this site. I am sorry I carfvLeave the apartment owing to my health But I would like to explain anything which may not be clear. Yours sincenely, I H ibbert A p p e n d i x 2 Letter inviting local authorities to submit written evidence and the replies received OFFICE OF THE CLERK OF TYNWALD Legislative Buildings, Douglas, Isle of Man, British Isles, TM1 3PW Our Ref: C/PFC/02/plb 25th June 2002 Mr D R King LLB FIMgt Town Clerk Douglas Town Hall Ridgeway Street Douglas Dear Mr King - Select Committee on Playground Facilities for Children This Committee was established by Resolution of Tynwald in May 2002. It has now begun to collect evidence, and I have been directed to write to you to seek the views of your Authority on the provision of children's playground facilities within your boundary and the future development of such facilities. The Committee is very keen to hear of any ideas you may have to progress the provision of these facilities. It would be very grateful if you could submit your views, in writing, by Wednesday 31st July 2002. After it has received written evidence, the Committee may well decide to take oral evidence. If any of your members or officials would be interested to give oral evidence, I would be pleased if you could indicate this in your written reply. I enclose a copy of the Tynwald Resolution for your information. Yours sincerely Phil Lo Bao Clerk to the Committee Enc Telephone: (01624) 685500 Email: [email protected] Fax: (01624) 685504 MAROWN PARISH COMMISSIONERS Clerk to Commissioners BEDWYN, MRS C. D. FAID m .a .a .t . I 3 QUEENS DRIVE, PEEL, Telephone & Fax: ISLE OF MAN 01624 842766 IM5 IBH. n m/O8/02 Mr P LoBao Office of the Clerk of Tynwald Legislative Buildings Dougals IMI 3PW Dear Mr LoBao Select Committee on Playground Facilities for children Please accept my apologies for the delay in responding to your letter dated 25th June however my Commissioners June meeting was cancelled due to circumstances and they have only just met. I am directed to advise you that Marown have ideal children’s facilities in Crosby which have recently been refurbished at a cost of £18000. In Millennium year we funded an extension to the Memorial Hall which provided an extension to the Hall, new dressing rooms for the Football and Cricket Clubs of the District i We are awaiting transfer of a piece of ground in Ballagarey from Heritage Homes following which we will be considering providing a play area for children. 1 trust this information is useful. Yours sincerely Mrs C D Faid MAAT Clerk to Commissioners ALL COMMUNICATIONS TO BE ADDRESSED TO THE CHIEF EXECUTIVE/CLERK Onchan District Commissioners ¡5>ìCHA?ì5 Main Road, Onchan, Isle of Man, IM3 1RD. J.E.S. SMITH CHIEF EXECUTIVE/CLERK Administration and Finance: Tel; (01624) 675564 email: ad mi [email protected]. im COMMISSIONER FOR OATHS Surveyors and Works: Tel: (01624) 624967 email: [email protected] Fax: (01624) 663482 Our Ref: C.81.PK 31* July 2002 Mr Phil LoBao Clerk to the Committee Clerk of Tynwalds Office Legislative Buildings |& Douglas 1 IM13PW Dear Mr LoBao Re: Select Committee on Playground Facilities for Children Your letter of 25th June together with a copy of the Resolution of Tynwald dated 21“ May 2002 was laid before a recent meeting of the Leisure and Amenities Committee at which other members of the commission were present. I would advise as to the views which the commissioners wish to be put forward in answer to your query> (i) Ways of Supporting Local Authorities in providing such facilities', The commissioners feel that a 50-50 cost sharing arrangement with government would be welcome. Furthermore government could assist by bringing to the Island experts such as from the National Playing Fields Association who could give demonstrations to local authority employees on how playgrounds and play equipment should be inspected and maintained (ii) Use o f Section J8 of the Town and Country Planning Act 1991 to provide such facilities The commissioners have already utilised this section of the Town and Country Planning Act in respect of open space adjoining the latest development to Lakeside Gardens. With regard to the later answer I would advise that the formal hand over of this land is awaited and is unlikely to occur until the developers have finished building the housing estate. (Trusting this is of assistance to the Select Committee. Y^urs truly BOROUGH OF DOUGLAS P.O. BOX No. 2 TOWN CLERK’S DEPARTMENT TOWN HALL RIDGEWAY STREET D. R. KING, lLb ., F.I.Mgt. DOUGLAS ______TOWN CLERK & CHIEF EXECUTIVE ISLE OF MAN COMMIS STÖNETTFOKTOATHS-" TELEPHONE: (01624) 623021 FAX: (01624) 662792 Mr P Lo Bao 1 Clerk Select Committee on Children's Playground Facilities Office of the Clerk of Tynwald Legislative Buildings DOUGLAS. IM1 3PW PEC/tsc/2052 y o u r r e f : 30th July 2002 Dear Sir Select Committee on Playground Facilities for Children Douglas Corporation's Leisure Services Committee has considered your letter of 25th June and has directed me to respond, in consultation with fellow Officers. The Committee is anxious that your Select Committee should be aware of Douglas Corporation's continuing programme of provision and upgrading children’s play areas to the most modem standards. Since 1999 the following schemes have been, or will be, carried out: 1999 - Noble's Plot refurbishment (£59,300) 1999 - Loch Promenade (former boating pool) new playground (£28,200) 2000 - Cooil Road playground refurbishment (£25,000) 2001 - Anagh Coar playground replacement (£60,000) 2001 - Governor's Hill new playground (£60,000) 2002 - Willaston playground refurbishment (£65,000) 2002 - Noble's Park Tot Lot additional equipment (£20,000) 2002 - Noble's Park playground refurbishment (£120,000) 2003 - Pulrose playground refurbishment (Budget to be fixed) 2003 - Loch Promenade (former boating pool) additional equipment (Budget to be fixed) All Correspondence should be addressed to the Town Clerk & Chief Executive 2 The Corporation considers it important to provide adequate and safe play facilities for children, hence this extensive programme. It is also very conscious of the need for developers of new estates to contribute towards play facilities. This is done in some cases by simply setting aside areas of land, but it is felt that developers should take a more active role and equip such facilities. There is also a problem that has been experienced over the past few years with developers setting aside as "open space" areas that are simply uneconomical to develop, then the local authority is left with areas that are unsuitable because of their position, their condition, or their fragmentation about the development. In the case of new developments, open space should be provided in accordance with the guidelines of the UK National Playing Fields Association. Where a development takes place adjacent or close to an existing playground or open space, a financial contribution should be required towards the enhancement of that facility. It is understood that in the United Kingdom, local authorities have power to charge developers a commuted sum towards the cost of adopting areas of open space. This would normally be, as a lump sum which when invested would provide revenue towards maintenance costs; this principle is one that might be examined by the Select Committee. I am sure that the Select Committee will already be aware of some of these issues. If any further supporting information is required, I shall be pleased to arrange for it to be prepared. As far as oral evidence is concerned, the Corporation's Superintendent of Public Gardens, Mr. K. Bott, is willing to meet the Select Committee and the Chairman of the Leisure Services Committee, Councillor Mrs. E.C. Quirk, will be able to express a more political perspective. I hope this is helpful to you and the Select Committee. Yours faithfully P.E. COWIN ASSISTANT TOWN CLERK SANTON PARISH COMMISSIONERS 5AGCq^ H. BENSON. MIIE. Commissioner for Oaths Clerk to the Commissioners. Thrang End”, Baffasalla, Isle of Man. IM9 3EG. putísfo ctmrmfoexnaexz Tel/Fax: (01 624) 822 761 Overseas +44 1624 822 761 E-mail: The Clerk to the Committee, Select Committee on Playground Facilities for Children, Office of the Clerk of Tynwald, Legislative Buildings, Douglas. IM1 3PW. 27th. July 2002. Dear Mr. Lo Bao, Playground Facilities for Children With reference to your letter of 25th June, the Commissioners have asked me to convey the following thoughts on the subject: Santon is a small (approx 400 adult population) previously unchanging “country” parish now, alas, without a school. However, of late there has been a dramatic shift in the pattern of housing with the controversial arrival of the Mount Murray development and its consequential density of dwellings, the most concentrated group in the parish. It should be noted that this is a private estate and, as such, responsible for its own infrastructure. However, there is to be the J.G. Kelly Ltd. development of forty-three private dwellings below the D.L.G.E. Newtown estate and it is understood that there will be an area of open land associated with the estate, although it is not certain at this stage what can (legally), and should, be done with it. The Santon Board, conscious of the absence of play facilities at Newtown, is interested in looking at the possibility of utilising the area of land set aside from, but adjacent to, die J.G. Kelly Ltd. project. Santon does not have funds for the creation or maintenance of a recreation or play area and any expenditure would require a substantial increase in rates to be derived from approx 300 dwellings. It is hoped that the Commissioner’s comments will be of assistance and the Clerk will be pleased to assist the Committee further, if required. Yours sincerely, Howard Benson. Clerk to the Commissioners. PEEL TOWN COMMISSIONERS BARRANTEE PHURT NY HINSHEY P. G. LEADLEY Town Clerk Cleragh y Valley TOWN HALL, HALLEY BAUEY, Commissioner for Oaths Barrantagh Looee DERBY ROAD, RAAD DERBY, Tel: Peel (01624} 842341 PEEL, PURT N Y HINSHEY, Fax; Peel (01624) 844010 ISLE OF MAN, Email: [email protected] ELLAN VANNIN All communications to be addressed to the Town Clerk IM5 1RG Dy chooilley insh dy ve er ny enmys rish Cleragh y Valley OurrefPGL/CK 26th July 2002 Mr. P Lo Bao Office of the Clerk of Tynwald Legislative Buildings DOUGLAS IM1 3PW Dear Mr. Lo Bao Re: Select Committee on Playground Facilities for Children I refer to your letter of 25th June 2002, which has been discussed by the Commissioners at a recent Recreation and Entertainments Committee meeting. In Peel we have one main playground situated at West View. In addition there are smaller play areas at the Headlands, Castle Street, Reayrt Aalin and Kerroo Coar. These areas are equipped with traditional items of play equipment e.g. slides, swings and climbing frames. The state of repair of the play areas varies but it would be fair to say that new equipment is needed. Oyer the last two years we have expended funds on providing leisure facilities for the older children/youths of Peel. At Marine Parade we have provided a skateboard park, basket ball court and small five-a-side pitch at a cost of approximately £13,000. This year our efforts are being redirected back to the playgrounds for younger children. However, the cost of new equipment and the necessary safety matting is very expensive and we can only address the need to replace worn out equipment on a step by step basis West View £ Due for replacement this year one set of swings 3,540 New Equipment one action pack unit 7,521 Repairs to existing equipment New World Unit 1,172 Kerroo Coar Due for replacement this year one set of swings 3.540 15,773 For future years we need to address safety matting and fencing at all our play areas together with replacement of worn out equipment. We will also look to expand the Headlands play area. The new Ballawattleworth housing estate will have a play area provided by the developer. The sum of £5,000 has been suggested. However, the cost of new equipment is very expensive and £5,000 will not provide much. The Commissioner will be faced with maintenance and replacement costs in the future. A rolling programme over the next five years at £15,000 per annum would go a significant way to address our needs in Peel. In conclusion any Central Government financial assistance to improve/expand our play areas would be most welcome and appreciated by the children and parents of Peel. M ichael. C orarafssioneR S Bannaratee SkyUey MaayL Commissioners Office Clerk: Main Road Mrs V.A. Williamson Kirk Michael Tel: (01624) 878836 Isle of Man Fax: (01624) 878836 IM6 1ER Email [email protected] Please reply to The Clerk Your re: C/PFC/02/01b 22nd July 2002 Mr. P. Lo Bao, Office of the Clerk of Tynwald, Legislative Buildings, DOUGLAS. IM1 3PW Dear Mr. Lo Bao, Re: Select Committee on Playground Facilities for Children Thank you for your letter dated 25th June 2002, which was considered by my Commissioners at their meeting on 3rd July. I have been asked to submit the following views: i) . Any future developments within Michael should have provision made by the developer for play areas with equipment on a sliding scale, depending on the size of the development. ii) Funding, possibly in the form of a grant, should be made available from Central Government to local authorities to help with existing and new playgrounds (i.e. BMX tracks, skate parks). iii) Central Government should make available land for local authorities to provide playgrounds. Yours sincerely, Clerk No 2 Police House Douglas Road Ballasalla Isle of Man IM9 2EQ Clerk: Mrs. M. Clague Telephone: (01624)823522 Fax: (01624) 822053 Email address: [email protected] 22 July 2002 Your ref: C/PFC/02/plb Phil Lo Bao Clerk to the Committee Office of the Cleric of Tynwald Legislative Buildings Douglas IM1 3PW Dear Mr Lo Bao Re: Select Committee on Playground Facilities for Children On behalf of the commissioners I thank you for your letter dated 25 June 2002, which was brought to the attention of the board at their recent Statutory Meeting. Malew Commissioners are currently seeking planning approval for the development of a play area for the children of the Parish of Malew in a location of Ballasalla, a field known as Feigh Keign. Feigh Keign is situated on the left side (heading to St Mark’s) of the Crossag Road, and adjacent to the Phildraw Road junction, Ballasalla. At present, Feigh Keign is a grassy field. In light of current and pending development in Ballasalla, it is the commissioners wish to provide an appropriately designed play area to cater for the ages of children from pre school age to teenagers. A planning application has been submitted to the Planning Department and a meeting with them to discuss the application further is being arranged. For your information and your committee’s perusal 1 enclose a photocopy of the planning application and drawing submitted to the Planning Department. In addition, this authority is most fortunate to have the facility of Ballasalla Village Hall, (Mill Road, Ballasalla) which is hired on a sessional (morning, afternoon, evening) basis by parishioners and those outside the parish for various activities. The activities range from the following: ❖ Mooinjer Veggey ❖ Summer Play Schemes (DHSS) ❖ Ballasalla Youth Club (Dept, of Education) ❖ Ballet Classes ❖ Dance Classes ❖ Children’s Birthday Parties ❖ Wedding Receptions Ballasalla village Hall is also utilised well by Brownie’s, Girl Guide’s, Cub’s and Scout’s Organisations Island wide as well as from the UK. Also sited in Mill Road, Ballasalla is the Scout Hall (contact: Mr Neil Young 1st Malew Scouts). If I may be of any further assistance to you, please do not hesitate to contact me. Yours sincerely, Clerk Enclosed: Copy of Planning AppHcation/Feigh Keign Copy of Drawing and Site Map Bride Parish Commissioners BARRANTEE SKYLL VREESHEY Cronk Mayn Beg Jurty Road R am sey Isle of M an IM8 3TA 20.July2002 Mr. P. LoBao Clerk, Select Committee on Playground Facilities Office of the Clerk of Tynwald Legislative Buildings Douglas Isle of Man 1M1 3PW Dear Sir, Re: Select Committee on Playground Facilities for Children The Bride Parish Commissioners thank you for your letter of 25 June 2002. Bride has only a small play area for children, consisting of swings and climbing frames etc. on the Sports Field where there is also a grassed area for games. The Commissioners are about to upgrade the play equipment as a way of commemorating the Golden Jubilee. To this end they are this week meeting with a representative of UAC to discuss what equipment is available and cost. The children would like an area in Bride village on which they can roller skate/blade and the Commissioners are looking at the potential for this, if the cost is not prohibitive. Any help you could provide in helping the Commissioners attain this goal would be greatly appreciated. The children’s first choice is of course a skate board park but this would seem to be beyond the financial reach of a single rural parish but could one not be provided for the north by the parishes Ramsey pooling resources as they do for the swimming pool? The Commissioners would like to see more leisure facilities in general in the north of the Island even if they would need to be centred in the towns. Yours faithfully, Audrey Green Clerk to the Commissioners Clerk: Mrs. A. Green Tel: 01624 819123 Fax: 01624 819235 ARBORY PARISH COMMISSIONERS Barranxee Skeerey Chairbre Clerk: C'eragh: W. I. LOWEY, B.Sc., A.C.1.8. W. I. LOWEY "Castle View", Heayrt y Chasmal. Douglas Road, 8ayr Gnoolish, Ballabeg, Arbory. Bailey Beg, Telephone: ¡01624) 823896 Skeerey Chairbre. E-Mail: [email protected] Cheli: (01624) 823896 Mr P Lo Bao 20 July 2002 Clerk to Select Committee on Playgrounds Office of the Clerk of Tynwald Legislative Buildings Douglas Your Ref C/PFC/02/plb Dear Mr Lo Bao Playground Facilities for Children In response to your letter dated 25* June, my Commissioners would make the following points 1. It is felt that it should be normal practice that developers of new residential estates should be required to provide and equip playgrounds of a size proportionate to the size of the development as an enforceable condition of any planning approval. This would obviously avoid the situation seen on some of the older estates, some in excess of 100 dwellings, where there arc no play facilities whatsoever available. 2. It is unfortunate that in these more safety conscious and litigious times, the cost of providing safety precautions, equipment of high safety specifications and insurance tends to take the provision of well equipped playgrounds beyond the financial capabilities of many of the local authorities. Yours sincerely Clerk to the Commissioners. Bamzantee skeeRey Rosfea Rasbeo paRisb commissioners Clerk/Cleragh: Mrs. Gillian Kelly NEWLANDS • BALLAGAWNE ROAD • COLBY ■ RUSHEN • IM9 4AX THALLOO NOA • RAAD BALLEY GAWNE • ROSIEN ■ ÌM9 4AX Telephone/Chellvane: (01624) 834501 30th July 2002. Mr P Lo Boa, Clerk to Committee, Office of Clerk of Tynwald, Legislative Buildings, Bucks Road, Douglas. Dear Mr Lo Boa, re: Select Committee on Playground Facilities for Children. Rushen Commissioners feel that it is important for children to have somewhere safe to play. They have, for some years, provided a Playing Field next door to the Faiiy Hill Estate in Ballafesson. This is used for a variety of activities by the children of the area. The Commissioners are very committed to progressing the Ballakilley Recreational Area which would be situated on a block of land running from the new Elderly Persons Residential complex at Four Roads up to Rushen Church. For many years they have been trying to persuade Central Government to purchase this land They were successful in having it rezoned from Agricultural to Recreational in the Arbory and East Rushen Local Plan.. The original concept for the land was for part of it to be for organised activities such as rugby, football, cricket, etc and for there also to be areas for children to play in. A BMX/skateboardmg track was to be included along with play areas nearer the houses of Marashen Crescent, Ballakilley Close and the Ponyfields. Although the Council of Ministers seemed to support the purchase of this land it now seems to have arrived at a stalemate. I understand that your Committee will be taking oral evidence and a representative of the Commissioners would like to do this. Yours sincerely, Gillian Kelly (Mrs) Clerk Ramsey Town Commissioner Barrantee Rhums? D. EVAN! Town Clerk and Chief Executiv Commissioner for Oath; Please address all correspondence 1 the Town Clerk and Chief Executiv Telephone: (01624) 81010 Our Ref: Fax: (01624) 81010 DE/MPC/PL 19th July, 2002. Mr. Phil Lo Bao, Clerk to Select Committee, Office of the Clerk of Tynwald, Legislative Buildings, Douglas, Isle of Man. IMI 3PW Dear Mr. Lo Bao, Re: Select Committee on Playground Facilities I have been asked by the Ramsey Town Commissioners to respond to your letter dated 25,h June, 2002, seeking views on the provision of children’s playgrounds facilities and the future development of the same. The Ramsey Town Commissioners provide three playgrounds within Ramsey and would welcome any Government initiative that may increase the level of grant assistance for such facilities. The cost of providing and maintaining play equipment, safety surfaces and CCTV . facilities is rising and the larger town authorities are currently facing demands for additional \ expensive facilities such as skate parks. The Board’s view is that any investment by Government in such facilities should be even- handed .and_spread„throughoutJheJ^l^d_Tl^^^d would be opposed to assistance being directed towards .only those-authorities who__have notprovided such facilities inthe past. The Ramsey Town Commissioners are content to rely on this written submission and do not wish to give any oral evidence. Town Clerk & Chief Executive. Town Hall and Library, Ramsey, Isle of Man. IM8 1RT. Hailey yn Valley as Lioariann, Rhumsaa, Ellart Vannin. IM8 1RT VAT Reg. No. GB 000 0631 62 THE COMMISSIONERS OF PORT ERIN (Barrantee Purt Chiarn) Tel: 01624 832298 COMMISSIONERS’ OFFICE, Fax: 01624 836169 email: [email protected] STATION ROAD, web site: www.porterin-iom.org.uk PORT ERIN, M. J. KEWLEY ISLE OF MAN. Clerk t... IM9 6AE Commissioner for Oaths All Correspondence to be addressed to the Clerk Mr. P. Lo Bao, Office o f the Clerk of Tynwald, Legislative Buildings, Douglas, IMI 3PN. Ref: C/PFC/02/blb 18th July, 2002. Dear Mr. Lo Bao, Re: Select Committee on Playground Facilities for Children Thank you for your letter of the 25th June, 2002 which has now been considered by the Committee. I am directed to inform you the Commissioners believe the Planning Committee should lay down a standard to developers which sets aside areas for recreational use within Estates in proportion to the number of houses to be built The recreational areas should not necessarily be specific children’s playgrounds but open areas to be enjoyed by all. 1 am also directed to request the Committee to look at the proposals for the land at Bailakilley, Rushen which has been zoned for recreational use. Port Erin, Port St. Mary and Rushen Commissioners have been working jointly for a number of years to progress the development of this area. It is understood the negotiations by Government with the owner to acquire the land have reached an impasse. As the land is zoned for recreational use Government should use all its powers at its disposal to acquire the same for the future benefit of the community. Yours sincerely, GERMAN PARISH COMMISSIONERS CLERK TO COMMISSIONERS BEDWYN, MRS. C.D. FAID M.A.A.T. 13, QUEENS DRIVE, PEEL, TELEPHONE & FAX: O'! 624 042766 ISLE OF MAN, IM5 1BH. 15/07/02 Mr P Lo Bao Office of the Clerk of Tynwald Legislative Buildings Douglas IOM Dear Mr Lo Bao Select Committee on Playground facilities for children Your letter dated 25th June 2002 was brought to the attention of my Commissioners at their recent meeting. The Board feel that our young people are adequately provided for having a playground in the Arboretum which we rent from DAFF, there is a small play area at Slieau Whallian Park which can be used for ball games, and the football club in St Johns provides amenities for children also. St Johns is a relatively open rural village which affords the children a considerable number of areas on which to play however, the Commissioners are actively pursuing the matter of providing a BMX/Skate Park in the Village if some land can be acquired from Government in an area well away from public occupation. Yours sincerely Mrs C D Faid MAAT Clerk to Commissioners Braddan Parish Commissioners Commissioners’ Office. Close Corran, Union Mills, Braddan, Isle of Man, IM4 4LZ. orfiefs Cross Kirk Braddan Telephone: (01624) 852808, Fax Line only: (01624) 852180 Maureen Costain Richards E-mail: braddan@ manx.net CSL/ace/PUB 2207 . 9th July 2002 C/PFC/02/plb Mr P. Lo Bao Cleric to the Select Committee on Playground Facilities for Children Legislative Buildings Douglas Isle of Man IM1 3PW Dear Mr LoBao, Re: Select Committee on Playground Facilities for Children I acknowledge receipt of your letter dated 25th June 2002 together with enclosure, the content of which was considered by the Commissions at their meeting on the 8th inst I can confirm that the Commissioners carried out a comprehensive review of their playground facilities in 1990, and as a result it was identified that the majority of these facilities were either not sufficient to meet the then needs of the community, or that the equipment and in particular the surface finish did not comply with the then necessary safety standards. As a result of the above, the Commissioners have replaced all playground facilities within existing residential developments and the cost of such a replacement has had to be borne by rate revenue. An indication of the level of expenditure as referred to above is that I can confirm that in excess of £250,000.00 has been expended by the Commissioners during this period. The Commissioners also as part of this review, identified existing communities where no playground facilities had been provided and as a result, new playground facilities have been provided again to the latest highest standards. Where new developments have been constructed during this period, the Commissioners have always been very pro-active to ensure that adequate playground and open space facilities have been incorporated within new developments, and again they believe this has successfully been achieved, however the cost of providing the facilities again is borne by rate revenue. When new developments have been proposed, the Commissioners have relied on what is commonly referred to as the U.K. National Playing Fields Associations requirements, and F:\APPS\WORD\Letters July\09 - Mr P Lo Bao.doc Ail Communications lo be Addressed to the Clerk Printed on recycled paper generally these have been supported through the Planning process by the Planning Officers and Planning Committee. With reference to the provision of play facilities and open space within future new residential developments, the Commissioners were very supportive of the provisions contained within appendix 4 of the Draft Strategic Plan dated 4th July 2001, and for your Committee’s information, a copy of Appendix 4 is attached hereto. The Commissioners strongly believe that the draft proposals as set out in Appendix 4 should be incorporated within the final strategic plan for the Island, which will clearly then define within planning policy the requirements that are to be provided when new development is being proposed. The Commissioners believe that if such a Policy is incorporated within the Strategic Plan, and then the Policy reflected in the Local Area Plans, this will clearly define and ensure that adequate open space and playground facilities have been provided in the future. The Commissioners from their experience have found that the majority of developers when proposing new residential development do act responsibly, and obviously the provision of open space and playground facilities within an overall development is beneficial, and in particular when properties are being constructed and sold for what can be defined as properties for families. The Commissioners whilst stating the above, are very concerned that the Department of Local Government and the Environment has not been able to progress with the Strategic Plan, taking into consideration that the Draft Strategic Plan was issued on the 4th July 2001, as a consultation document, following which views have been submitted, but to date the Commissioners are not aware for example, of a specific date for when a Public Inquiry will be held to consider the Draft Strategic Plan further. The Commissioners would also wish to draw to your Select Committee’s attention the issue of cost in that again in Appendix 4 to the Draft Strategic Plan, paragraph 8.4.4 refers to the commuting of sums from the developer by way of legal agreement under section 13 of the Town and Country Planning Act 1999, Section 13 of the 1999 Act provides the necessary legal framework for agreements to be entered into, which would ensure that the cost of the provision of open space playground facilities were defrayed by the developer’s. Again, while the Town and Country Planning Act was given consent in October 1999, and Section 1 of the Act has been introduced, the Department of Local Government and the Environment have not progressed further with the introduction of the further sections of the Town and Country Planning Act, and it obviously follows that Section 13 of this Act can not be utilised until such times as it has been brought into force. F:\APPS\WORD\Letters July\09 * Mr P Lo Bao.doc The Commissioners strongly believe that the Policies and Legislation referred to above, need to be introduced as soon as possible, as and when such Policy and Legislation have been introduced, then this will give Local Authorities adequate provision to ensure that open space and playing areas are provided within residential areas. The above will also ensure that the Planning department, when considering Planning applications for new developments can require such provisions to be incorporated within plans, when considering the applications either at the in principle stage or detailed stage. The Commissioners trust the above is of assistance, however if the Select Committee would wish, the Commissioners would be more than willing to provide further oral evidence. Yours sincerely C S Lewin CLERK c.c. Mr Martyn Quayle MHK by e-mail F:\APPS\WORD\Lcttcrs July\09 - Mr P Lo Bao.doc APPENDIX 4 OPEN SPACE REQUIREMENTS FOR NEW RESIDENTIAL DEVELOPMENT A.4.1 Introduction All residential development creates a need for open space, whether located in an urban or rural area; however, it is not considered feasible to request smaller residential developments to make provision for open space either through on-site provision or by way of a commuted sum payment. Therefore, planning applications for the development of ten dwellings and above will have to make provision for open space. The exact open space requirement will depend on the individual circumstances and nature of each planning application. Applicants are asked to note that all new residential development must provide adequate standards of residential amenity, including private open space such as gardens and bin storage areas. Meeting the open space requirement in this appendix does not exempt applicants from providing adequate private open space. ,.4.2 The Open Space Requirement The open space standard is based on the adopted Department standard of a minimum of 3.2ha of open space per 1000 population (32 sq metres per person). This standard is further broken down into a requirement per person of: • Formal (e.g. football pitches) 18sq. metres • Children’s (e.g. play grounds) 6sq. metres • Amenity (e.g. Nature conservation areas/Glens) 8sq. metres In order that the open space requirement is related in scale and kind to the proposed development the open space needed is based on: - 1) The potential occupancy of the dwelling; and 2) Who the dwelling is likely to be occupied by Table 1 is used to judge the occupancy of dwellings and the subsequent open space requirement in square metres. Table 1 No. of Occupancy Formal Open Children’s Amenity Total Bedrooms Level Space Play Space Space (sq.m.) l" 2 36 12 16 64 2 3 54 18 24 96 3 4 72 24 32 128 4 or more r 5 90 30 40 160 84 Where numbers and type of dwellings are unknown e.g. applications for approval in principle, the requirement for open space provision will be reserved so that it can be resolved when a detailed application is made. A.4.3 How should the open space be provided? Once the open space requirement has been established it is then necessary to determine how the open space will be provided. There are three possibilities: - 1) Provided on site 2) Provide off site but adjacent or close to the development 3) Provided by payment of a commuted sum to enable the local Authority to provide the open space on behalf of the developer. Where possible, open space should be provided in the first instance on-site or off-site where this would improve the quality of the development and the open space provided. Where the first two options are not practical then commuted sums will be considered. Commuted sums can be an important option because it is recognised that for a small development it can be impractical to provide the open space required on or off site as the amounts involved would not create usable areas of open space. Children’s play space requirements will be assessed using the National Playing Fields Association guidelines, which consider the type of play space required and the levels of accessibility. Generally speaking, developments over 20 houses would have to provide children’s play space on-site as well as an appropriate level of amenity open space on-site. A.4.4 How much will it cost? The cost of providing the public open space will be calculated as a percentage figure of the overall cost of providing open space within the development. For example, where no public open space is being provided on site that would be required by the standards, the developer will be required to provide 100% of the cost of the provision elsewhere. Where the off site provision is addressing a shortfall in the overall provision on site, in that areas of open space are to be included within the development, but the full requirement of the standards cannot be accommodated, the applicant will be required to provide the remaining percentage cost. The payment of commuted sums will be the subject of legal agreements under Section 13 of the 1999 Act. A.4.5 How will funds generated by commuted sums be used? Funds can be used to lay out new open space or to improve existing open space. Money generated from commuted sums will be held in an interest earning account and will be used in the same Parish as the development. Exceptions to this may occur where a development borders a neighbouring authority or where open space serves the needs of a wider area e.g. sports pitches. 85 )esign of public open space loth formal and informal open space should be designed as an integral part of the evelopment so that it offers recreational value and visual relief and in some cases the focal oint. The following are also important considerations in the siting and layout of public open pace which should:- Be defensible but not sited to cause a nuisance to dwellings; easily maintainable; ' be of sufficient size to be usable; build upon existing linkages to provide green corridors; incorporate existing landscape features; provide appropriate children's play equipment; and be of a design and layout to enable future adoption and maintenance by the Local Authority. le following are examples of the method of provision in line with the Department’s indards: svelopment of 20 Family Dwellings Children’s Play Space Requirement - say 400 sq.m a) Toddlers Play Areas (Local Area for Play - LAP) - 100sq.m . b) Equipped Play Areas for children between 5 and 12 years (Local Equipped Area for Play - LEAP) - 300 sq.m Formal Open Space Commuted Sum for Off-site provision equivalent to 1200sq.m Amenity Requirement - say 500q.m Landscaped amenity areas related to children’s open space (buffers) and/or footpath links. felopment of 100 Dwellings ldren’s Play Space uirement - say 1800 sq.m * - 2 x 100 sq.m vP - 500 sq.m Area for older children to comprise equipped area for play (NEAP); kick about area with 3 equipment 5-a-side goals, basket ball net - 1100sq.m nal Open Space lirement - say 5400 sq.m 86 Not sufficient for 1 No. football pitch so advisable to provide separately as part of formal playing fields, therefore commuted sum for off site provision. Amenity Requirement - say 2400 sq.m Landscaped amenity space related to children’s open space (buffers) and footpath/cycling links - 1600. Nature Conservation area - pond and copse - 800 sq.m A.4.9 Definitions Local Area for Play (LAP) - A LAP is a small area of unsupervised open space specifically designated for young children for play activities close to where they live, which should be within 1 minute’s walking time of home, and catering mainly for 4-6 year olds. Given that children over 6 years old are likely to cause some disturbance to adjacent residents, it is important to ensure that the LAP design discourages the use by older age groups. LAP’s should be appropriate for low-key games such as tag, hopscotch or play with small toys. They should also have seating for carers. Local Equipped Area for Play (LEAP) - A LEAP is an unsupervised play area equipped for children of early school age, which should be close enough to be within 5 minutes walking time from home. They should cater for accompanied children aged between 4 and 8 years and should also cater for children with special needs. LEAPS should have at least 5 types of play equipment and should be well drained with grass and/or suitable surfaced play surface. Neighbourhood Equipped Area for Play (NEAP) - A NEAP is an unsupervised site servicing a substantial residential area, equipped mainly for older children but with opportunities for play for younger children. They should be located within 15 minutes walking time from homes and cater for children aged between 8 and 14 years and should cater for children with special needs. NEAP’s should offer at least 8 types of play equipment providing challenges and enjoyment to the appropriate age group, and there should also be areas for kick about, wheeled play opportunities such as skateboarding, bicycles and scooters and a seating area. Activity Zone - The area of land specifically designated for children to use for play purposes, which may not include play equipment. Buffer Zone - The area surrounding an Activity Zone which is designated to discourage children from using it for actual play purposes, and is provided solely to protect adjacent neighbours from potential disturbance through the existence of play facility. It is recommended that dogs be excluded from all play areas, preferable by fencing and dog proof grids. 87 PATRICK PARISH COMMISSIONERS CLERK OF COMMISSIONERS 3 BROOKFIELD TERRACE P. GRINDLE HIGHER FOXDALE ISLE OF MAN IM4 3EO Tel/fax (01624)803031 e-mail: [email protected] 9th July 2002 Mr P Lo Bao, Office of the Clerk of Tynwald, Legislative Buildings, DOUGLAS, IM1 3PW Dear Mr Lo Bao, Select Committee on Playground Facilities for Children. Thank you for your letter dated 25th June regarding the above and asking for comments. There are 3 playground sites within the parish, one adjacent to St Johns AFC and two at Foxdale School. The Authority was not involved in the provision of any of these. The St Johns site was provided by the football club and is looked after by them. The two at the school were provided by parents and children ably led by Mr Tom Durrant, Gleneedle. These two sites are now the responsibility of the Commissioners: During the discussion of this letter it was realised that there were no sites on the west side of the parish, namely the area comprising Patrick, Glen Maye and Dalby. There is a very well suited site in Glen Maye glen just below the first set of steps. As your Committee will be very well aware this is a popular place for visitors and maybe a play area there will be an asset. As yet there are no plans to provide facilities. , The Commissioners hope the above information is useful to the Committee Yours sincerely Philip Grindle Clerk to the Commissioners Castletown Town Commitiioner» Town Holl & Civic Centre, Farrant» Castletown, l*le of Man, 1M9 IN fl Tel +44 (0)1 <524 82500A Fax +44 (0)1624 827134 E-moit: [email protected] Town Clerk: J Brown Administrative Officer: C H Meakin jr Ref 20/ao/sa C/PFC/02Jp16 08 July 2002 Dear Sir Select Committee on Playground Facilities for Children Thank you for your letter dated 25 June which was considered by the Commissioners at their last meeting. In response I list below the Commissioners views on the subject. 1) On any new housing estates provision should be made by the developer for a properly designed play area to facilitate the safety of children in that specific area. 2) The provision of such play areas should be a condition of any planning approval granted. 3) At present the provision of playground equipment is the responsibility of local authorities who can receive up to 25% grant from Government towards the cost. The Commissioners are of the opinion that more grant assistance should be made available to upgrade and add to existing play areas. 4) Consideration could be given to introducing legislation whereby an estate developer was statutorily bound to either provide a play areia or contribute significantly towards the cost of same before it was taken over and maintained by the local authority. 5) The design of playgrounds must be undertaken using equipment conforming to the highest safety standards and in this day and age provision should be made for children with physical disabilities in order that they can also experience the challenges posed by play equipment albeit modified. 6) Children leam and test their abilities through physical play. Different ages and levels of proficiency demand a variety of different play features therefore playground facilities should cater for a wide range of ages. 7) Mainly in primary schools consideration should be given to making all playground areas all-weather surfaces and of a specific size in order that a multitude of sports can be earned out not only during lesson time but also during break-time. The Commissioners trust that their comments on the subject will be given due consideration. Yours faithfully Tow Mr P LoBao Clerk to Select Committee on Playground Facilities Office of the Clerk of Tynwald Legislative Buildings Buck's Road DOUGLAS IM1 3PW m SERVING THE COMMUNITY SINCE 1084 BARRANTEE SKEEREY MAG HAL Clerk: Mrs Judi Penrose ~ 24 Barrule Park ~ Ramsey - Isle of Man IM8 2BS Tel/Fax-(01624) 815628, E Mail [email protected] 6th July 2002 Office of the Clerk of Tynwald, Legislative Buildings, Douglas, IMI 3PW Dear Mr Lo Bao, Re: Select Committee on Playground Facilities for Children With regard to your letter of 25th June, the playarea at the Corony in Maughold officially belongs to the DLGE at present, the Commissioners are in discussion for further equipment for the playaiea, and to taking it over in the future. Maughold Commissioners have two open space playing fields with no equipment in them, for the people of Maughold to use. The field at Glen Mona, is used in the summer for Guide & Scout Camps. We trust you will find information useful. Yours sincerely, Mrs J Penrose Clerk Commissioners ’ Office Port St. Mary Isle of Man Clerk: JJD. Popper, IX.B., M.InstL.Ex. RECEIVED on IM9 5 DA Commissioner for Oaths Deputy Cleric P.M. Hughes Telephone: (01624) 832101 2 I JUN 2002 Fax:(01624)836267 After Office Houre: DEPn]'iSFr!-pCAL GOVERNMENT I Telephone: (01624) 834512 ANO THE ENVIHOMmfmt j :(01624)834065 E-mail: [email protected] Y o u r R e f . MQWC/269 0urRef; M/1022/BB 20“1 June 2002 Hon Pamela M Crowe, MHK, Minister Department of Local Government and the Environment Murray House Mount Havelock Douglas IM1 2SF Dear Minister, Re Playground Development I am receipt of your letter dated 12th June 2002 and would thank you for your immediate response to my copy letter addressed to Mrs Hazel Hannan, MHK, regarding the provision of funding towards new playground equipment within the Village. As advised in your letter, contact has been made with Mr Peter Whiteway, Director of Corporate Services, who confirms that, subject to funds being available, a grant of 25% of the overall cost of providing a new Playground and equipment will receive favourable consideration by your Department. Our Chairman and Board Members are naturally delighted to receive this news, and would thank you for your most timely input on this matter, and they now look forward to completing the Scheme which will be most beneficial to all children within and visiting our Village. Commissioners ’ Office Port St. Mary Isle of Man Clerk : J.D. Popper, LL.B., M. Inst L. Ex. IM9 5 DA Deputy Clerk P.M. Hughes Telephone : (01624) 832101 Fax : (01624) 836267 After Office Hours: Telephone : (01624) 834512 :(01624)834065 E-mail : [email protected] Your Ref.: Our Ref: M/0992/BB 5th June 2002 Mrs Hazel Hannan, MHK House of Keys Legislative Buildings Isle of Man IMI 3PW Dear Mrs Hannan, Re r- Playground Development Port St. Mary Commissioners’ notice has been drawn to an article in a recent edition of the Isle of Man Independent Newspaper which refers to the formation of a subcommittee of your good self, Mr David Cretney MHK, Minister for Tourism and Leisure and Mr Bill Henderson MHK, all of whom have been tasked by Tynwald to investigate ways of Government providing support for Local Authorities to develop playgrounds and playing fields within their District. Our Commissioners have always maintained an aggressive policy of providing play areas within the Village, and many years ago they erected a suitable play area at Clifton Road North, however due to excessive use and with the introduction of stringent Health & Safety at Play, and E U regulations our playground equipment had to be dismantled for the safety of our children. Earlier this year, Port St. Mary Commissioners decided to investigate the possibilities of replacing their play equipment and tenders were sought from three of the main suppliers of play equipment who provided dedicated specifications, Schemes and full cost implications. After detailed consideration and consultation of all schemes, the Commissioners agreed to progress a Scheme submitted by Messrs Wicksteed Leisure Ltd. of Kettering, England which covered all age groups. The total cost including all ground works, installation, fencing and other sundry improvements, is for the sum of £61,000-00 Ex VAT. As we are sure you will appreciate Local Authorities are under extreme pressure to provide such activities for the young of our community, however financial restrictions prevail- Our Commissioners were therefore delighted to note that their own MHK, the Hon Pamela Crowe, Minister for the Department of Local Government and the Environment is prepared to pledge at least 25 per cent grant towards the costs of the projects submitted by Local Authorities, therefore as we are most anxious to progress our own Scheme, may we ask your good self and your fellow Committee Members how best to approach this situation and what action should we take to bring this exciting development forward for the enjoyment of all children within and visiting our Village. Should you require any further information to assist with your final presentation to Tynwald, then please do not hesitate to contact our Offices accordingly. c.c. Hon David Cretney, MHK, Minister for Tourism & Leisure. Mr Bill Henderson, MHK. Hon Pamela Crowe, MHK, Minster for Department of Local Government and the Environment. A p p e n d ix 3 Letter inviting Members of Tynwald to submit written evidence and the replies received OFFICE OF THE CLERK OF TYNWALD Legislative Buildings, Douglas, Isle of Man, British Isles, IMI 3PW C/PFC/o2/plb 21st June 2002 All Members of Tynwald Dear Member Select Committee on Playground Facilities for Children This Committee was established by Tynwald Court in May 2002 and has now begun to collect evidence about the facilities offered for children's playgrounds on the Island. The Committee have directed me to write to you to ask if you have any views on the current provision of playgrounds and fields for children to use and the future development of such facilities. If you have any views on this matter the Committee would be pleased to receive them, in writing, by 31st July 2002. After that the Committee may well wish to take oral evidence and if you would like to give oral evidence please indicate in your written response. I enclose a copy of the Resolution of Tynwald establishing the Committee for your information. Yours sincerely Phil Lo Bao Clerk to the Committee Telephone: (01624) 685500 Email: [email protected] Fax: (01624)685504 The Hon J A Brown SHK Speaker of the House of Keys Loayrcyder y Chiare-feed Legislative Buildings Douglas Isle of Mon IM] 3PW Our Ref: Spe/c/gmw British Isles 12th December 2002 Mr P Lo Bao Clerk Select Committee on Playground Facilities for Children Clerk of Tynwald's Office Legislative Buildings DOUGLAS Isle of Man I refer to your letter inviting comment regarding the provision of playground facilities for children. I apologise for not responding before now. My views on this important issue are as follows. I believe that it should be a statutory responsibility for all local authorities to'provide and maintain, in good order, playground areas and facilities throughout their district to adequately meet the needs of all children in all areas residing within their district? The reason that I believe this should be made a statutory obligation for a local authority is because, in general, facilities for children are not provided to adequately meet the needs of children and such facilities are usually lower-priority and there is a lack of will to invest (example, see Department of Tourism and Leisure General Leisure Strategy for the Isle of Man, December 2002, Section 9.2 on page 19). There is a need for all local authorities to develop a co-ordinated policy in this area and for it to be regularly reviewed and updated, say at least every five years, and for a real commitment to be given by local government. In relation to the provision of such facilities, there should be a Government grant aid scheme providing a grant of 50% per scheme for new or replacement and the up-grading of playground areas, and that such grant aid should be a statutory obligation on Government. The provision of playgrounds and facilities within all sections of our community is very important, especially in these days where children are unable to play in the streets as other generations have done. C ont/... I ('phone: 01624 6H5500 Facsimile: 01624 6S550 2. A greater priority should be given, and it should be recognised by both Government and Local Government the importance of this matter as an investment into our younger generations to ensure, as far as we can, that there are adequate facilities for the children in every town and village throughout the Island. I am firmly of the view that unless proper statutory provision is made to ensure there is real commitment from the authorities, then the present situation of meeting the needs of our children will continue to be of a low priority for the authorities. The varied pressures on future generations of children will, I believe, become greater and therefore their needs to have adequate and appropriate play and recreational facilities, of good quality and maintained in good order, will become even more important. Therefore, the role of the authorities in the provision of facilities for all children will become more vital in helping to ensure children have recreational facilities and to help combat some of the unwelcome pressures and intrusions that they will face whilst growing up, pressures and intrusions none of us have had to experience. Once again, please accept my apologies for the delay in responding to the committee’s invitation to submit views on this matter, which I hope they find of interest and helpfuL Yours sincerely, The Hon J A Brown SHK and Member for Castletown. LEGISLATIVE BUILDINGS ISLE OF MAN IMI 3PW Chir Ref: REQ/rae 3 September 2002 Mr Phil Lo Bao Clerk to Select Committee on Playground Facilities for Children Clerk of Tynwald's Office Legislative Buildings DOUGLAS Dear PW*A General Leisure Facilities - Strategic Review Attached for the consideration of the Select Committee is a letter from Mr Peter Bryden, Chairman of the Sulby Youth Club, dated 22 August 2002. I appreciate that the provision of such recreational facilities is not within the remit of the Select Committee. However, the existence of such recreational needs could influence your views on future policy and strategy. Yours sincerely R E Quine MHK Telephone 01624 898047 Kella Sheear email: [email protected] Kella Road Sulby Isle of Man IM7 2HG 22nd August 2002 Mr. RE. Quine, OBE, MHK. Bareme Ville Clenagh Road Sulby Dear Edgar, Re: General Leisure Facilities - Strategic Review Thank you for the opportunity for some input from the Sulby Youth Club on the above matter. I think I can do little better than to pass on to you the results of our consultations with the young people of Sulby. I set out below extracts of suggestions from a meeting held on 12th [June 2002 at Sulby School. I have sent you a full copy of the minutes of this meeting previously. The requests from the children may be summarised as follows: - Skate Area: It was requested that a safe area be created to allow young people to skate and ride BMX bikes. It was recognised that an ‘all singing’ skate park may be out of the question, and at this stage an area with a reasonable surface would be appreciated by the young people. Having ramps that are potentially moveable would be useful if the area needed to be shared, and having the option of adding ramps in the future would be advantageous. The site behind the Parish Hall was discussed, and although those representing the Commissioners thought this site was suitable, it would need to be discussed through at a Commissioners meeting. The school fields were ideal for use by young people, and the addition of fixed ‘Goal Posts’ would be a useful asset Access to outside toilets was also discussed, if young people were encouraged to use the School as a safe space, they would need access to toilet facilities. A coffee bar or drop in/chill out facility was requested. It is understood that when the new school extension is built a new hard play area will be created, and at this point a Basket Ball post(s) will be added When the extension is built, then maybe one of the mobile classrooms could be utilised as a drop in area (maybe behind the Parish Hall?). It was felt that a purpose built community room should be the first priority. The use of the school playing field is authorised and the provision of goal posts is being progressed. The provision of separate facilities for the Youth Club and perhaps a drop in centre would appear not to be part of current plans for development of the school. My understanding is that the school layout does not lend itself at present to the sort of youth activities envisaged. There have been problems earlier this year when gatecrashers have entered the school on a Youth Club night and had access to areas where there is expensive equipment Children at the Youth Club have to move through the school to gain access to toilets. On the whole I think the children attending the Youth Club are well behaved and well supervised and up to now there have only been very minor incidents but the potential is there for greater problems. Hence the request for separate facilities in my letter to Mike Clague dated 20th November 2001 (copied to you). I enclose a further copy for you convenience. I have not been notified of any further steps from the Sulby Commissioners since last June’s meeting. My role is only that of Chairman of the Youth Club and the June meeting was held primarily to give information to the Commissioners from members of the Youth Club. I hope the above may be of some assistance in preparing a submission. Please let me know if you think I can be of any further help. Peter Brÿéei Chairman Sulby Youth Club Management Committee Dear Edgar, “Rampworks” Liverpool Just a footnote to add to my letter. Last Sunday I took Ffinlo (a grandson Byre) to a place called Rampworks in a run down area of Liverpool. There were at least another half dozen or so on the Seacat on a day trip basis aged from around 9 to mid thirties bound for the same place. When you take into account entrance fees of £12, a £20 return taxi fare plus Steam Packet etc it is not particularly cheap. Nevertheless there is a group of people sufficiently dedicated to the sports involved to travel regularly from the Isle of Man with their BMX bikes skateboards etc. to enjoy the facilities offered. These are located in a old disused warehouse and consist of an impressive variety of ramps tracks obstacles and a large “bowl” all constructed in wood and steel to professional standards by designers and manufacturers in this line of business. I would guess the area they occupy at around 15000 - 20000 sq. ft (a Jurby hanger would be ideal!). The sports that take place here simultaneously and using common facilities are BMX riding, skateboarding and inline skating. I was very struck by the standard of skills and courage displayed by many young people enjoying the place. There would be around a hundred participants on this particular day in any one of the three 2hr sessions offered. The Manx group book all three sessions. I was particularly impressed with the standard of behaviour of all the young people involved. The successful use of the facilities is entirely dependent on individuals being prepared to give way to each other and being generally tolerant and fair in the way the equipment is used There was only one supervisor present and talking with him he said bad incidents were rare and only occurred through an occasional individual being arrogant or selfish. I could not help but contrast this with some of the behaviour that goes on in football these days. I also talked with the manager of the premises who said it runs profitably on a private enterprise basis. The set up includes a very basic cheap food and beverage facility where you could find groups of young people and families socialising while “recovering” from what are very physically demanding sport sessions. These sports are attractive to spectators as well, particularly parents and relatives. I had a longish chat with a policeman there who had brought his son for the first time from Wallasey. He said he would have no qualms about dropping his son off and leaving him there in the future and like me was very impressed with the facility and the behaviour of the children. If he has not already been I would recommend Mr. Cretney and any others interested to go and take a look at this facility and in particular the behaviour of the young people using it. If you would like more detailed and knowledgeable information, we W e a daughter Sian Christian working in government who has done a lot of work for the Nobles Park facility and is involved in the Douglas Skatepark Association. She has background information generally on these sports. I think she is already in touch with Mr. Cretney. What a wonderful positive message this would send out to the young people of the north of the island should such a facility be placed there. I now have some understanding as to why young people have to resort to unauthorised use of parts of buildings and other areas around Douglas and other towns to practice their sport while others enjoy the expensive facilities offered at the NSC for their particular sports. Hope this is also of some help. Regards Telephone 01624 898047 Kella Sheear email: [email protected] Kella Road Sulby Isle of Man IM72HG 20th November 2001 Mr. M Clague, Youth and Community Adviser, Department of Education, Murray House, Mount Havelock, Douglas. Dear Mr. Clague, Sulbv Youth Club Accommodation. Our last Management Committee meeting discussed the proposed new extension to Sulby School. As- you are aware the club meets at present on school premises which is not always convenient to the school and of course requires the presence of the school caretaker. The question of storage of youth club equipment has been improved by provision of a cupboard but this still has its limitations. We have looked at other possibilities within the village also. The St. Stephen’s Church hall is too small and has no storage facilities. The newly refurbished community hall has been designed with mainly adult activities in mind and again there is often a clash with the other activities planned there. My committee has asked me to write to you to see if you could explore the possibility of premises primarily for a youth club being incorporated into the new school extension. It may be worth pointing out that the existing school was provided through the generosity of a Sulby resident and that the; capital cost to taxpayers was minimal compared to that provided for new schools in other communities. Clearly the detailing of such a facility and the advantages that it would offer to the youth and community of Sulby similar to those recently provided at Kirk Michael for example may require further information in support. Perhaps if the proposal could initially be considered in principle we would be glad to have the views of the department on this basis. Yours sincerely, Peter Bryden Chairman Sulby Youth Club Management Committee, cc. Mrs. H. Bradley, Board of Education. Headmaster Sulby School, Sulby Mrs J. Kelly, Chairman Lezayre Commissioners, Alpine Cottage, Ballacaley Road, Sulby. R E. Quine Esq., OBE, Bareme Ville, Clenaugh Road, Sulby. Rev. B.E. Shephard, Kirk Christ Vicarage, Lezayre. LEGISLATIVE BUILDINGS ISLE OF MAN IMI 3PW Grenaugh Beg Glen Grenaugh Santon Isle of Man IM41HF Our Ref: DJG/rae 20 August 2002 Mr Phil Lo Bao Clerk to the Committee on Playground Facilities for Children Office of the Clerk of Tynwald Legislative Buildings DOUGLAS Dear Phil Many thanks for your letter in respect of the Select Committee on Playground Facilities for Children, requesting that Members send in their information prior to Tuesday 17 September 2002 and I thank you for the opportunity to do so. I have regular meetings with the Malew Parish Commissioners and recently met with them, along with Mr Eddie Lowey MLC, and discussed the situation in respect of playground facilities. Therefore I can inform you that we do have a way forward, which is a combined effort by the Commissioners, the Department of Local Government and the Environment - a piece of land left to the village by the late Mr Moore Clague. We do hope, with a little bit of financial help and the enthusiasm continuing, that we will have better facilities for children young and old in the village of Ballasalla. ..cont/2 However, I must state that in other areas, such as the rural areas of Santon and St Mark's and Ballamodha, it is a much different situation and one where it would appear the children do successfully occupy themselves in and around their area. I look forward to the outcome of your Committee and thank you again for the opportunity to make comment. Yours sincerely Donald J Gelling MHK Malew and Santon LEGISLATIVE BUILDINGS ISLE OF MAN IMI 3PW Our Ref: RWH/ejm 20 August 2002 Mr Phil Lo Bao Office of the Clerk of Tynwald Legislative Buildings DOUGLAS Isle of Man Vr Lo Bao veen Further information for the Tynwald Select Committee on Children's Facilities and Playgrounds. Further to my recent submission in relation to Children's Facilities and Playgrounds, I wish to draw the Committee's attention the following. Although alluded to in my initial submission, I think it is pertinent to focus on one or two of the issues I will draw upon in this document, as they are quite important and effect the provisioning of Children's Facilities and Playgrounds in new building programmes. Again, I draw on Governors Hill as the analogy to demonstrate problems which have occurred in the provision of Children's Facilities and Playgrounds in this heavily populated area. Governors Hill estate had the first houses for habitation coming on stream around 1992, it is only recently that the estate has formally been finished and all roadways and green open spaces adopted. This is almost a 10 year period. The new Governors Hill playground was only installed in one of the green open spaces approximately 18 months ago. The problem would appear to be that when a private contractor plans out an estate and commences work, in the Governors Hill example, they concentrate solely on bricks and mortar vis a vis selling plots and houses, rather than ensuring that the social needs of the area are taken into consideration and supplied at the same time as they were bringing dwellings on stream for habitation. Unfortunately, this did not happen and the estate was finished off without any Children's Facilities and Playground. - 2 - It is only very recently that the adoption issues, with regards to the roads, have been cleared up. This required several meetings, many letters, and a tremendous push by the MHKs of the area - Mr John Houghton and myself - in order for the roads to be fully adopted and taken over. This was a project that took both MHKs somewhere in the region of two years to achieve. We both swore we would never go through that particular bureaucratic nightmare ever again and once we had tried the usual channels we would bring any such matter, in the future, formally to Tynwald! As for the playground, this also took many years before the green open space was formally adopted by the Douglas local authority - Douglas Corporation. I think it is fair to say the Corporation pushed for this facility and certainly the Councillor for the area, Mrs Doreen Kinrade, without whose efforts we may still be waiting. Once that had been formally signed over, the playground initiative progressed for the residents of Governors Hill. As I have indicated in my other document to you, although everyone in Governors Hill is glad of this facility, some mothers have indicated to us both that it is only 10 years too late and their children have now grown up! The point of re-raising the playground issue again to the Committee is due to the wrangling that occurs between a private developer wishing to develop his site, and the adoption issues that need to occur once the development is finished. Vis a vis, adopting the roads and green open spaces formally by the Department of Highways and Transport and so on, formally adopted by the local authority who provide the maintenance and upkeep of the same and any facilities, such as children's facilities and playground equipment. I think if there is one lesson to be learnt here, that the Committee should take on board, it is the fact that any. future new developments which are proposed, which Mr Houghton and myself are fully in support of, should have children's facilities and playground areas and that the lessons of Governors Hill must be learnt and applied into any new planning process in the future. Those points being that at the outset, an agreement needs to be struck with regards to the planning of the site and it being made the standard that open space and children's facilities must be supplied, if it is a housing area, and conditions of planning. The facilities must be planned from the start of the development in tandem with the building of the housing units and living accommodation. The local authority must be brought on board at a very early stage of the development so that they can exercise their powers in respect of supplying children's facilities and playground areas on any green open spaces, in conjunction with the contractor. This would obviously be the best way forward so that when the housing units are occupied and children are present on any housing area, the facilities will be there for them to use more or less straight away. -3- As indicated in the previous correspondence, any mitigation required should also be put in place prior to the playground or children's facilities coming on stream, and part of the planning process. Thereby alleviating as far as possible any of the more unwanted side effects that I have already been highlighted to the Committee. LEGISLATIVE BUILDINGS ISLE OF MAN IMI 3PW Our Ref: RWH/ejm 13 August 2002 Mr Phil Lo Bao Office of the Clerk of Tynwald Legislative Buildings DOUGLAS Isle of Man Phil veen I wish to supply documents, evidence and comments, etc to the Tynwald Select Committee on Children's Playground Facilities. Please find enclosed copy documentation which I wish to furnish for the Committee's attention and note the following comments. I have always been concerned at the ever increasing development projects, in the Isle of Man, in relation to high density housing estates, which now seem to be the norm rather than the exception. Whereby, there is a greater need to ensure that there are green open spaces and facilities, including playground facilities, for young children and older children alike to amuse themselves with and enjoy. This has become especially apparent to me with the likes of Governors Hill, the new Cronk-y-Berry estate and also, Abbeywoods at the top of Cronk-ny-Mona. All these estates are in North Douglas but are providing somewhere in the region of a thousand high density housing units. They were all, at the time, pitched at the younger person and consequently, there is an extraordinary large population and range of children's ages. Up until very recently, all and sundry had literally "nowhere to go" around their estate. Being geographically located at the northern end of Douglas, it is difficult for children to make use of amenities and facilities in lower Douglas because of the distances involved in getting there. It is also problematic ''ferrying" children via car from the upper most part of the constituency, down to lower Douglas where there are more facilities. If the parent wishes to ensure their children can enjoy any amenities, it requires a considerable chunk of their time in order to ferry them to a particular area, and to stay and supervise them. The advantages of having closer amenities relevant to that particular area are many fold, but sorely needed, especially in today's society. -2- The quality of life now expected from modern societies requires that we do a bit more in the planning process than just organise housing. We should have open spaces and playground facilities for younger and older children in order to enhance that community and provide activities for children to participate in. This also helps to counter balance the often used phrase "we've got nothing to do". We can see the effects of this whereby young children and youths "hang around" which invariably can lead to acts of vandalism, bullying, fights and other unwanted side effects. Groups of such youngsters are also targets for the more criminally minded in supplying alcohol, drugs and other activities which we are trying to keep our children off and steer them clear of. To this end, I fully support the use of open-space playground facilities, whatever they are, in the planning of new housing developments and it must become the norm and not the exception. In my area, Governors Hill, the playground that we now enjoy has only been in place over the last 18 months. The estate has been built and finished for many years and children and youths have had nowhere to go. Some of the parents have said to me "Well it's a marvellous idea, but it's a pity we didn't have it sooner. Our children are now grown up!" Nevertheless, the playground facility for Governors Hill is well used and probably over subscribed. If there is any criticism at all about it, it is the fact that it is too small. Having said that, it is well used and certainly supported by the MHKs for the area. One of the main points I wish to draw to the Committee's attention is the fact that now, with the way our community has developed socially and with the expectations on our quality of life and modern standards, the minimum requirement for housing developments must be ensuring that in any plan and design, there are open spaces and facilities for young and older children alike. In the way of negative contrast however, I enclose for the Committee's attention, a set of documents which have been generated as a result of the negative impacts of the Governors Hill playground and the problems that have ensued from its inception. These problems were not realised at the time as the call was for playground facilities, but as a result of the playground being placed, it has attracted its own unwanted side effects which is very, very unfortunate to say the least. Nonetheless, I would urge the Committee to read through the documents and appreciate that whilst it is a quality standard that we should have built into any plans for housing developments, we must ensure that we mitigate and rule out, as far as possible, the possibility and generation of the unwanted side effects which are highlighted throughout the enclosed documentation. I won't go into all the details, but will ask the Committee to read through the letters so that it can be seen, at first hand, what can go wrong if the playground and amenity facilities are not planned correctly. Neighbours in the area should be involved in the planning and should be canvassed for their opinions. This is an absolutely vital element to any future development of the same. -3- I have also sought permission from the family involved to produce these documents for the Committee. Although I have approval to submit these documents, 1 have blanked out any names to keep their confidentiality. They are in full support of me issuing these documents to the Committee, for publication at some point when the report comes forward. This is a sad set of events, but I think there are lessons to be leamt here. We need to learn from these events and take them onboard when the Committee issues its final report and recommendations. These are very important and cannot be ignored and represent the other side of the coin. R W Henderson MHK enc Government Bhn ttvnfri THE OFFICE OF THE CHIEF MINISTER Oik yrt Ard-sbirveisbagb Tel No: CO 1624) 685702 CHIEF MINISTER: Government Office, Douglas Fax No: (01624) 685710 Hon R K. Corkill, B.Pharm. M.R.Phann.s. MHK Isle of Man, IM1 3PG email: chief, [email protected] Our Ref: CM 4 7 August 2002 Mr Phil Lo Bao Clerk to the Select Committee on Playground Facilities for Children Legislative Buildings DOUGLAS IM13PW Dear Thank you for your reminder letter of 7 August regarding the Select Committee's work on Playground Facilities for Children. In principle, I still see the provision of such facilities as primarily a responsibility of Local Authorities. Regarding newly developed areas, planning along with other requirements should insist upon areas being designed in. Two good examples are Governor's Hill and Lakeside in Onchan where open space and playgrounds are part of the newly developed environment. If the Committee were to do an audit of facilities around the Island I am sure the Department of Local Government and the Environment would find the data useful in comparing the performances of the different Local Authorities. Perhaps an action plan of carefully identified areas where facilities are poor or non existent, could be agreed by the Select Committee, so that DOLGE could then engagedf with those Authorities who are not up to speed. ^ Yours sincerely,^ Hon R K Corkill, B. Pharm. M.R. Pharm. S. MHK Chief Minister LEGISLATIVE BUILDINGS Our r»Ref. c SCR/ejmC f '-d / • ISLE OF ^pw MAN 15 August 2002 Mr P Lo Bao Clerk Select Committee on Playground Facilities for Children Legislative Buildings Douglas Dear Phil Thank you for inviting me to comment. It is already policy to require the provision of a certain percentage of public openspace when giving planning approval to developments of housing estates. The Committee might recommend that opportunities for playground facilities should be explored with the developer and local authorities at this time. I offer the following comments, as Minister for Education: There exists throughout the Island a provision of potential play areas, paid for out of the public purse, which are in practice under utilised. I refer to school playgrounds, which although as a matter of policy are open for public use in evenings, weekends and holidays, are not used as fully as they might be. The Department of Education is presently considering how more effective use of these facilities might be made and an audit of existing facilities and playground equipment at schools is being conducted to see whether a greater contribution could be made towards overall community provision. Football pitches, playing fields, hard play areas, tennis courts, as well as children's play areas, all lend themselves to use by children on a casual basis, as well as through the formal lettings system to outside organisations, if issues over access, maintenance, supervision can be properly managed. The Committee may wish to examine these matters further, in which case I or the Director of Education would be pleased to assist. Yours sincerely SCRodanM HK Our Ref: PK/ecw 7 August 2002 Mr P Lo Bao Clerk to the Select Committee on Playground Facilities for Children Office of the Clerk of Tynwald Legislative Buildings DOUGLAS Vainstyr Veen Select Committee on Playground Facilities for Children Thank you for your letter dated 21 June 2002 regarding the above, and my sincere apologies for the delay in responding to you. The issue of ensuring that there are suitable playground facilities for children when new urban developments are taking place is most important. However, it is not only important for young children, but also for the older teenagers as well. I think that providing playground facilities must be an absolute condition of being granted planning permission. It is no wonder there are problems for residents in certain areas, with "gangs" of children running about the place, when there are no facilities for them. We need to be pro-active with regard to this matter - not reactive. I hope that the Committee will look at this issue most seriously and also at the broader picture of not just sports fields, but also at other facilities for the children who are not sports orientated. I will be more than happy to give oral evidence to the Committee if they so wish. Lhiuish Peter Karran MHK LEGISLATIVE BUILDINGS ISLE OF MAN IMI 3PW Our Ref: BJC/ejm 19 July 2002 Mr P Lo Bao Clerk Select Committee on Playground Facilities for Children Legislative Building Douglas Dear Clerk Thank you for your letter of invitation to submit views on the provision of playground facilities, etc. There is no doubt there is a shortfall in the provision of playgrounds and fields for childrens use in general. This being the case, however, I can only make a general comment including the situation in my own constituency as follows: 1. I believe all residential development, in particular, new development should be obliged to include facilities for children in the provision of areas set aside in any scheme for play and general recreation. This could be a stipulation made during the 'brief' prior to planning sought. If a scheme is to build family units, say for every 6 family units built, a size specific space should be established to accommodate for such play area - in other words something similar to the criteria applied for car parking. 2. When a brown field site becomes available, whether privately or Government owned, consideration should be given as to whether such a site may best be utilised for children/recreational use as a first consideration. This would of course render, such a site as sterile in terms of capital return if it were not developed for residential or commercial use. In this type of situation perhaps Government could consider an incentive by way of a 'greening grant'! My own constituency of East Douglas comprises of differing communities of large retail sector, sea front and tourism accommodation, large residential both privately owned, rented flats, local authority and a small affluent area of private houses. -2- The latter, part of which was only recently developed, does not include provision for children's play and recreation, although surprisingly, does include large landscaped areas. Had, prior to development, a planning criteria such as outlined in (1) been applied, we may have witnessed improved utilisation of land in this respect. We have, in fairness, available to us in East Douglas, the Beach, Promenade, Nobles Park, a tiny facility in Westmoreland Road and the town squares of Derby and Hilary Roads. The latter two are discouraged from children's play by Douglas Corporation where ball games and the like are not permitted! The nearest playing fields are situated at the top and alongside Nobles Park, , which is fine for those living close by, but does preclude families who reside near to the town centre, of which there are many. Historically, such children of families in this situation played safely in the streets where mum, dad and extended family kept a watchful eye on them. Sadly, this is impossible today with traffic, etc. Whilst there exists difficulty in established developed areas, every opportunity should be made to acquire and establish play areas as and when sites become available. Such considerations must also include indoor play opportunities. Recognition must also include the different age groups of children and the differing preferred requirements of play and recreation groups. The Douglas Youth Centre (our only one in Douglas) in recognising that 11 to 12 year olds would not wish to mix with 14 and-.15 year olds, equally the 16 year old and beyond would not wish to associate with the younger element and so on, have separate nights available to different age groups. The provision of indoor play facilities currently available being limited to one night for each age group, access during non term time is another restriction. In addition, school playgrounds should be open to children all year round. Coffee Bars, Drop in Centres, etc are, and should be encouraged. The more we have to offer, the greater the choice and benefits for children and young people. They need space, but space is not accounted for from the outset when residential developments or refurbishment programmes are undertaken. I believe this, if corrected through 'green grants' being made available to both private and public sector, may provide the key in this area. -3- If not, then the 'stick' approach should be utilised through legislation. I apologise for the length of my submission, but this is an area I feel passionate about. I hope the Committee would be inviting the views of children and young people to submit their ideas and might I suggest that they be targeted in order to illustrate their views rather than rely on the normal advertising for the same. I would be happy to provide oral evidence if the Committee so wishes. Good luck with deliberations, I wish the Committee every success. Congratulations to Mrs Hannan for raising this essential issue. Mrs B J Cannell MHK LEGISLATIVE COUNCIL LEGISLATIVE BUILDINGS ISLE OF MAN George H Waft BSc (hons) MLC 4 Whitebridge Road Onchan Isle of Man IM3 4HS e-mail [email protected] Our Ref: GHW/ejm 1 July 2002 Mr P Lo Bao Clerk to the Committee Select Committee for Children's Playground Facilities Office of the Clerk of Tynwald Legislative Buildings Douglas RE: Play Ground Facilities for Children Thank you for offering me the opportunity to comment on the above. The situation would appear to me to be in need of guidelines to Local Authorities as to what is expected from them with regard to Play Ground Facilities for a given number of residents. Planning Committees in the past have given scant thought to the facilities in the area when agreeing to make available large tracts of land for housing. The housing shortages on the Island have been uppermost in the mind of politicians and the possible effect on the economic prosperity of the Island. A large workforce of highly qualified staff to supply the needs of the present and future finance sector has been seen as taking uppermost priority when considering housing policies. -2- It is up to the present Legislators to effect a sense of balance to maintain our quality of life here on the Island. There would appear to be a number of people who feel that the NSC is sufficient to meet the needs of the up and coming youngsters. This is an excellent facility that should be extended to the whole of the Island. The Islands Sports Council are endeavouring to promote this concept working with Local Authorities and the Department of Education. This concept, worthy as it is, should not be confused with the growing need to provide adequate "Play Ground Facilities'' adjoining those areas of residences where there are large numbers of children or indeed, small areas where a small play area is essential. Onchan has provided for such play areas within the community and land has been made available, in some cases by the developer, for a nominal sum or indeed the land may be rented for such use. A Playground Fund exists and is absolutely necessary. It should be borne in mind that the costs to a Local Authority for the provision of a Play area can be considerable. The cost of the special floor area surrounding the equipment can be equally costly. Maintaining such equipment is an ongoing cost also. We now are living in an age when everyone has to be aware of the litigious possibilities of providing any facility, and Public Liability can make a scheme prohibitive. It is also necessary when considering Planning Applications for Housing that there is need for an area to be set aside for Play Ground Facilities and indeed schools should be of equal importance as the provision for adequate traffic access and egress and adequate sewerage linkage. It is not acceptable to continually add on large housing commutations to already large Housing estates in the interest of the economy of the Island and then walk away and let the Local Authority and indeed the community try and sort everything out at a later date. There has to be a scheme whereby all Local Authorities are aware of their obligations to provide Play Areas where there are a certain number of households, and there should be assistance to help with the provision of a Play Ground Fund. -3- The decision to raise the necessary funding for such facilities by way of increasing the Rates is not unified throughout the Island and those smaller Authorities who find it difficult to do so should consider whether their position is becoming untenable in this day and age when there are greater expectations of the public to have better facilities. Politicians and planners should endeavour to make it possible for every child to enjoy as good a quality of childhood as every other area of the Island. If that means again looking at Local Government Reform then so be it. Whatever their answer if it results in better play ground facilities, more toilets for the disabled, bowling greens, football, hockey pitches, etc then every effort should be made to make that possible. I wish you well in your deliberations. Kind regards George H Waft BSc MLC cc: Onchan District Commissioners LEGISLATIVE BUILDINGS ISLE OF MAN IM! 3PW Our Ref: LIS/ejm 28 June 2002 Mr P Lo Bao Clerk to the Committee Select Committee for Children's Playground Facilities Office of the Clerk of Tynwald Legislative Buildings Douglas Dear Mr Lo Bao Provision of facilities for young children are very good and I think of the excellent areas at Coronation Park and Mooragh Park in Ramsey provided by the Commissioners. However, there is little provision of facilities for young people over the age of 8 years and these children are having to (for example) skateboard and cycle on pavements and this is a problem for them and for pedestrians. In Ramsey there is a BMX track which children officially cannot use if not a member of the BMX Club. The 8 to 15 years olds are forgotten and they should be encouraged to expend their energy safely within play facilities. Members are aware of my views on the lack of skateboarding facilities, as this is an extremely popular pastime. Such facilities should be encouraged with grants made available. It would be worthwhile encouraging the use of school grounds in the evenings, weekends and holiday periods to keep the young people away from the busy thoroughfares. Yours sincerely LEGISLATIVE BUILDINGS ISLE OF MAN 1M ! 3PW 103 Ballabrooie Avenue Douglas IM1 4HA Our Ref: AFD/ejm 26 June 2002 Mr P Lo Bao Secretary Select Committee for Playgrounds Clerk of Tynwald's Office Legislative Buildings Douglas Dear Mr Lo Bao Select Committee - Playgrounds I am in receipt of the invitation by your Committee to make comment regarding the provision of play grounds in residential areas* As you are no doubt aware, the constituency of West Douglas, with the exception of one or two areas, is very heavily developed and there are no playgrounds or items of pay equipment in my area, with the exception of some small animal shapes mounted on springs which were introduced into Queens Avenue Park during the Douglas Corporation Centenary. However, we do have a number of schools in the Constituency and it would, in my opinion, be fairly simple to create small designated areas for use by young children with play equipment accessible outside of the normal school hours. Over the years I have tried to pursue a number of options which would lead to the creation of play areas in undeveloped plots or areas of local authority owned land. Whilst I would accept that there are a number of parents who would welcome the introduction of these facilities, there are equally a number of householders who would not wish to have play areas or other similar facilities located near their property. Sadly, some play areas in Douglas are often subject to abuse and I personally know of several incidents where youths have been occupying these areas into the early hours of the morning causing noise, drinking and swearing. -2- I would welcome an opportunity to give oral evidence to the Committee and the opportunity to expand my thoughts of further developing the existing school facilities with the introduction of small play areas. Yours sincerely Hon Alex F Downie MIMgt FFB Member of the House of Keys (Douglas West) Minister for Trade & Industry OFFICE OF THE CLERK OF TYNWALD Legislative Buildings, Douglas, Isle of Man, British Isles, IM13PW C/PFC/o2/plb 21st June 2002 Hon P Crowe MHK Minister For Local Government and the Environment Murray House Douglas Dear Minister Select Committee on Playground Facilities for Children The Select Committee have asked me to write to you concerning the provision of children's playground facilities in the Isle of Man. In particular the Committee are keen to know: (a) How often Section 18 of the Town and Country Planning Act 1991 has been used to secure the provision of land for playgrounds in the last ten years? (b) Whether your Department makes any financial assistance available to Local Commissioners to help them provide playground facilities? (c) Whether your Department has any comments to offer in general terms about the provision of playground facilities across the Island ? The Committee would be most grateful if you could provide this information by Wednesday 31st July 2002. In addition the Committee will consider taking oral evidence at a later date and if you, or any of your officers, are interested in giving oral evidence I would be grateful if you could indicate this in your reply. I enclose a copy of the Resolution of Tynwald establishing the Committee for your information. Yours sincerely Phil Lo Bao Clerk to the Committee Telephone: (01624) 685500 Email: [email protected] Fax: (01624)685504 A p p e n d i x 4 Department of Local Government and the Environment Isle of Man Planning Scheme (Development Plan) Order 1982 Isle of Man Government Reiltys Elian Vannin Department of Local Government and the Environment The Town and Country Planning Acts 1934 to 1981 Isle of Man Planning Scheme (Development Plan) Order 1982 (Incorporating amendments up to 1st April 1988) Any further enquiries please phone 685950 ^CTElOFnCfiT FUffl ORDER 1382 Part 1 - General 1. Short title and commencement This Order may be sited as the Isle of Man Planning Scheme (Development Plan) Order 1982 and shall have effect from the 1st August 1982. 2. Interpretation In this Order the following words and expressions have the respective meanings hereby assigned to them - “The Acts” mean the Town and Country Planning Acts 1934 to 1981; “The area” means the area described in Article 3 hereof; “The 1934 Act” means the Town and Country Planning Act 1934; “The 1981 Act” means the Town and Country Planning Act 1981 (b) “Betting office” means any building which is subsequent to a betting office licence pursuant to the provisions of the Betting Act 1970 ( c) as amended by the Gambling Laws Amendment Act 1976 (d), and the Betting (Licensed Offices) Regulations 1970 (e). “The Department” means the Department of Local Government and the Environment; “Building” has the same meaning in this Order as in the Acts and, except where otherwise provided, includes land occupied therewith and used for the same purpose; “Dwelling house” means a house designed for use as a dwelling for a single family together with such outbuildings as are ordinarily used therewith; “The Ecological Survey” means the Ecological Survey of the Isle of Man 1974 prepared by the Institute of Terrestrial Ecology and the plan appended thereto; “Erection of buildings” includes structural alteration of or the making of any addition to, a building b) 1981 C.40 c) XXI p. 220 d) 1976 C.25 e) GC 20/70 - 1 - “Flat” means a separate set of premises, whether or not on the same floor, constructed or adapted for use for the purpose of a dwelling for the occupation of one household and forming part of a building; “The Freeport area” means the land at Balthane in the Parish of Malew delineated on the plan annexed to the Isle of Man Planning Scheme (Development Plan) (Amendment) Order 1988; “Garage” includes any building or part of a building used for the storage or repair of motor vehicles; “General industrial building” means an industrial building other than a light industrial building or a special industrial building; “Industrial building” means a building (other than a building in or adjacent to or belonging to a quarry or mine and other than a shop) used for the carrying on of any process, for or incidental to any of the following purposes, namely:- a) The making of any article or part of any article; or b) The altering, repairing, ornamenting, finishing, cleaning, washing, packing or canning, or adapting for sale, or breaking up or demolition of any article; or c) Without prejudice to the foregoing paragraphs, the getting, dressing or treatment of minerals; Being a process carried on in the course of trade or business other than agriculture, and for the purposes of this definition the expression ‘article’ means an article of any description, including a ship or vessel; “Light industrial building” means an industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust, or grit, or undue generation of traffic or parking of vehicles; “Notation” includes zone and also denotes safe-guarded areas which are marked diagrammatically on the Plan as an indication of policy without necessarily defining the precise boundaries involved; “Office” includes a bank, but does not include a post office or betting office; “Open space” means any land, whether enclosed or not, on which there are no buildings or on which not more than one-twentieth part of covered with buildings; “the Plan” means - a) in relation to any part of the Scheme area in respect of which a special Order is for the time being in operation, the plan annexed to the special Order; -2- b) in relation to any other part of the Scheme area, the plan annexed hereto and marked “Isle of Man Planning Scheme (Development Plan) Order 1982; “Planning approval” means the approval under Article 4 of the Department (or, in the case of development by the Department, of the Governor in Council) to the development of land; “Residential building” means a building other than a dwelling house designed for use for human habitation together with such outbuildings as are ordinarily used therewith and includes an hotel designed primarily for residential purposes and a residential club; “The Scheme” means the Scheme contained in this Provisional Order; “The Scheme area” means the area to which this Order applies; “Shop” means a building or part of a building used for the carrying on of any retail trade or retail. business wherein the primary purpose is the selling of goods by retail, and includes a building used for the purposes of a hairdresser, undertaker or ticket agency or for the reception of goods to be washed, cleaned or repaired, or for any other purpose appropriate to a shopping area, but does not include a building used as a funfair, garage, petrol filling station, office, betting office, or hotel or premises (other than a restaurant) licensed for the sale of intoxicating liquors for consumption on the premises; “Special industrial building” means an industrial building used for the carrying on of processes (including storage) which may be particularly offensive by reason of noise, smell, vibration, smoke, soot, ash, dust, grit or fiimes, or dangerous by reason of the storage or use of dangerous or inflammable material, or inimical to public health by reason of vermin or other causes; “A special Order” means an order made under section 6 of the 1934 Act after the coming into operation of this Order and having annexed thereto a plan which is intended to have effect, as respects any part of the Scheme area specified in the order, in place of the plan annexed to this Order; “Supplementary Order” means an Order made by the Department supplementing the Scheme in accordance with the provisions of section 6(1) (c) of the 1934 Act; “Zone” means a portion of the area shown on the Plan by distinctive colouring, hatching or edging or in some other distinctive manner for the purpose of indicating the restrictions imposed by this Scheme on the erection and use of buildings or the use of land in that area. 3. Area of Scheme The area to which this Provisional Order applies shall be the whole of the Island except the Freeport area, the area of the Douglas No.l (New Street Area) Planning Scheme Provisional Order, the Douglas No.2 (Ballakermeen and Ballabrooie Estates) Planning Scheme Provisional Order, the Douglas - 3 - No.3 Planning Scheme (Ballakermeen and Ballabrooie Estates) Provisional Order and the Douglas No.4 (New Street Area) Planning Scheme. 4. Permission for Development (1) The development of land within the Island is prohibited unless the development - a) has been approved by the Department and such approval has been communicated in writing to the person applying for the same or his agent duly authorised in that behalf; and is carried out under and in accordance with such conditions (if any) as may be specified in the resolution of the Department giving the approval; or b) is exempt by virtue of any Order made under Section 3A (3) of the 1934 Act. (2) In reflection to development by the Department, paragraph (1) has effect with the substitution for references to the Department of references to the Governor in Council. 5. Duration of Provisional Order This Provisional Order shall remain effective from the date of its commencement subject to modification by any Supplementary Order made from time to time to deal with the relevant matters in greater detail and also to take account of changes in circumstances, which may effect development policy. 6. Duration of Planning Approval Under no circumstances shall a planning approval be granted for an initial period in excess of four years and the Department may at its discretion specify a shorter length of time during which the approval will remain valid. DCVELOmCNT FUN ORDEK 1382 Part 2- Reservation of lands Zones and Notations on the Plan 7. Reservation of lands Land shall be reserved and safeguarded in the Scheme for the purposes indicated on the reference panel printed on the Plan. 8. Effect of the scheme The scheme shall be a guide to the Department in its administration of development policy and errors of information or discrepancies on the Plan shall not invalidate the scheme or this Provisional Order. 9. Existing land uses Any use of land existing at the date of coming into operation of this Provisional Order, not being a temporary use of land controlled by the terms and conditions of any approval granted to such use of the land, and not being in conformity with the zoning of such land in the plan, shall be allowed to continue until such time as a Supplementary Order shall make provision for its discontinuance. 10. Zones and notations The zones and notations on the plan may indicate the matters following - 1) areas of predominantly industrial use; 2) areas of predominantly residential use; 3) areas of low density housing in parkland; 4) areas for public open space; 5) national glens open to the public and owned by the Department of Agriculture Fisheries and Forestry, 6) areas for tourist accommodation in parkland; 7) areas of predominantly tourist accommodation; 8) areas for principal business, civic, cultural and other special uses for the town as a whole; 9) areas of predominantly shopping use; 10) areas of buildings for civic, cultural and other special use; 11) principal traffic routes; 12) principal car parks; 13) land for railway purposes; 14) waterways, docks and harbours of traffic importance; 15) schools and other establishments in large grounds; 16) areas for open spaces not open to general public; 17) proposed route of coastal footpath; - 5 - 18) areas for surface mineral working; 19) areas for the surface disposal of waste; 20) areas for Government or service department purposes; 21) airfields; 22) waterworks and reservoirs; 23) sewage disposal works; 24) areas owned by the Manx Museum and National Trust; 25) ancient monuments and sites of archaeological interest; 26) areas for camping; 27) land unsuitable for development owing to danger of pollution of an existing or future public water supply; 28) areas of land owned by the Department of Agriculture, Fisheries and Forestry and the Department of Highways, Ports and Properties; 29) plantations owned by the Department of Agriculture, Fisheries and Forestry; 30) areas of private woodland or parkland; 31) areas subj ect to a dedication covenant; 32) areas where there are building height restrictions or air safety regulations; 33) land covered by water; 34) areas for reclamation; 35) areas not zoned (which shall be marked on the Plan as “white areas”); 36) areas of high landscape or coastal value and scenic significance; 37) areas defined in the Ecological Survey as nature conservation zones, nature reserves, and sites of ecological importance for conservation; 38) routes of 33 000 volt overhead high tension lines forming the primary electricity distribution network; 39) other land uses. bEVELomeirr rum o r d h isaa Part 3 - Policy and standards of development 11. Matters for consideration on applications for planning approval. i) In considering applications for planning approval for development the Department shall have regard, inter alia, to the matters set out in sub- paragraph (2) of this Article and, if approval is granted, may impose such conditions as it shall think fit. 2) The matters referred to in sub-paragraph (1) of this article are as follows- a) The principle of land use- (i) the zones and notations on the plan; (ii) the character, amenities and the existing and future land uses in the area; (iii) whether the approval of additional land for the use applied for would be premature by virtue of- (a) there being sufficient land elsewhere with approval which is not yet developed for such use, or (b) the proposal would not form an extension of an existing developed area; (iv) The suitability of the access and capacity of roads to the site; (v) The availability and capacity of mains water, electricity and telephone services, public sewerage and means for the separate disposal of storm water; (vi) Circulars issued by the Department from time to time in pursuance of their duties under Section 5 of the 1934 Act. b) The establishment and preservation of an attractive environment by the following means- (i) the introduction of variety and interest into residential estate layouts by use of a range of densities and dwelling types, by designing contrasting spaces between buildings, and by making use of the unique physical characteristics of the site; -7 - (ii) the provision within residential estate layouts of sites for necessary ancillary facilities such as public open spaces, play areas, and pedestrian ways; (iii) the inclusion within layouts of tree-planting and landscaping; (iv) the sympathetic design of the external appearance of buildings and their appropriate quality and size; (v) the selection of suitable building materials especially near old buildings of a Manx character and where the use of finishes of a traditional appearance might be appropriate; (vi) the location of buildings including agricultural dwellings, in the countryside, out of sight of or as far away as is practicable from a public highway, and closely related to existing buildings or groups of mature trees, or both; (vii) the avoidance of skyline development and the erection of buildings likely to obstruct the view of the sea or an . exceptional view of the countryside from a public highway; (viii) the use of dark-coloured roofing tiles or slates; (ix) the avoidance of overhead services; (x) the avoidance of external soil stacks in dwellings of more than one storey, (xi) the regular maintenance of temporary materials and paintwork by the imposition of appropriate standards; (xii) the avoidance of the outside storage of materials and goods unless adequately screened from a public highway, (xiii) the preservation of existing buildings of architectural or historic interest; (xiv) the provision of minimum standards of privacy. (xv) reference to the recommendations contained in the Ecological Survey. The establishment of a safe and convenient environment by the following means- (i) the provision of adequate estate roads designed and made up to standard acceptable to the highway authority; (ii) the provision in estate layouts for extension to pedestrian ways, roads and services to the boundary with adjoining land to permit their extension; (iii) the completion or part completion of roads to a standard prescribed by the Department prior to the commencement of the erection of the buildings, if the Department so determines; (iv) the provision of a bond or other form of security acceptable to the Department for the satisfactory completion of any road works, street lighting, landscaping, or any foul or surface water sewerage, or to ensure compliance with any other condition laid down by the Department in relation to the approval of any development; (v) ensuring that the development of land does not inhibit public access along the coast, or to a glen, a stream, of similar attractive physical feature, and that access is facilitated by provision within the layout of a public footpath; (vi) the provision of adequate parking and garaging to ensure that all parking generated by the use of the land is accommodated off the highway (not necessarily within the curtilage of the site) in accordance with the following standards- (a) dwellings- at least one and a half car parking spaces per dwelling behind the building line, and such spaces may include garages; (b) offices- one parking space per three workers or one parking space per 50 square meters net office floor space, whichever is the more demanding (c) retail shops, store and cafes- parking space to be provided off the highway for the loading and off-loading of commercial vehicles and parking space also to be provided for permanent staff, preferably at the rear of the premises; a service road or parking bay to be provided for the parking of customer's vehicles; (d) industrial and other premises - parking spaces to be provided depending upon the particular circumstances of the development; (vii) the provision of paved footways, containing services, of not less than 1,8m in width; (viii) the separation of vehicular and pedestrian traffic where practicable; - 9 - (ix) the location of light industries and warehousing near to principal traffic routes to avoid the passage of goods traffic through residential areas; (x) the phasing and sequence of completion of developments; (xi) the provision of adequate fire escapes and fire precautions necessary in buildings frequented by the public including hotels and buildings containing two or more dwellings; (xii) the provision of standards to safeguard food hygiene in cafes, restaurants, hotels and shops; (xiii) the provision of standards of health, welfare and safety in places of work; (xiv) ensuring that where the site of development in a primarily agricultural area abuts a highway where livestock may be driven, such measures are taken by the developer as are necessary to prevent livestock from straying onto the site; d) The safeguarding of principal traffic routes by the following means - (i) the establishment of building lines permitting future road-widening which must, where practicable, be not less than 20 meters from the road as widened; (ii) the provision of service roads to avoid the creation of individual pedestrian or vehicular accesses onto a principal traffic route; (iii) the provision of means for the turning of vehicles within the curtilage of buildings to enable vehicles to enter the highway in a forward position; (iv) the location of accesses at safe points with good visibility. e) The safeguarding of existing overhead high tension electricity lines by means of the maintenance of clearance corridors at least 18m wide centred on such overhead lines, and the preservation of means of access to such lines. f) The provision of other standards of development with respect to the following maters - (i) standards of dwellings (ii) standards for permanent and tourist flats created by the conversion of existing premises; - 10 - (iii) standards for camp sites (iv) standards for chalets and other holiday accommodation (v) standards for play schools (vi) standards for dry-cleaning establishments (vii) standards for sand and gravel pits and quarrying (viii) standards for the control of such other land uses and premises as the Department sees fit. -11 - bcvcLOPncirr m n o r u r isai Part 4 - Preservation of trees - NOW REVOKED BY THE INTRODUCTION OF THE TREE PRESERVATION ACT 1993 NB A copy of the Protected Trees Register is held by the Department 12. Registration of trees If at any time the Department, having regard to the amenity of any part of the area, is of the opinion that any tree or group of trees ought to be preserved, it may register the tree or group of trees for the purposes of this Article and shall thereupon notify the owner and occupier of the land upon which the tree or trees are growing that they have been registered, and of the provisions of Articles 13, 14,15 and 16. 13. Inspection of Register The register of trees made as aforesaid shall be open to inspection at all reasonable times at the office of the Department 14. Prohibition of damage or destruction No person shall cut down, lop, top or wilfully destroy any tree or group of trees which has been registered except - a) in compliance with an obligation imposed by or under any Act of Tynwald; or b) where, in the opinion of the Department, the tree or trees become dangerous; or c) with the prior written consent of the Department. 15) Cancellation of registration The Department may at any time cancel the registration of any tree or trees so registered as aforesaid and shall thereupon make the appropriate alteration in the register of trees and shall notify the owner and occupier of the land upon which the tress or trees are growing of the cancellation, and as from the date of such cancellation the provisions of Article 14 shall cease to apply to such tree or trees. 16) Deemed registration For the purposes of the Scheme and this Provisional Order the trees in the areas shown on the Plan as “private woodland or parkland”, “low density housing parkland” and “public open spaces”, are deemed to be registered. DCVCLOPnENT FWH ORDCK1382 ^ Part 5 -Miscellaneous 17. Agreements by the Department The Department may enter into agreements consistent with the provisions of this Provisional Order in relation to any matters with which the scheme may deal 17a Acquisition of land The Department may acquire compulsorily any land, which is required in order to secure development in accordance with the scheme. 18. Register of decisions to be kept by the Department 1) The Planning Committee shall cause to be kept a register, in a form approved by the Department, of all applications for planning approval and of the result of all proceedings in connection therewith, including initial decisions by the Planning Committee and the Special Planning Committee, and decisions on appeals to the Planning Appeals Tribunal and on the appeals under this Provisional Order to the Staff of Government Division. 2) The register mentioned in sub-paragraph (1) above, shall be open to inspection by members of the public at all reasonable times at the offices of the Department. 19. Interested person may inspect Order or Plan The department shall permit any interested person to inspect at any reasonable time this Provisional Order and the duplicate of the Plan of the area as retained in the office of the Department. 20. Right of entry by the Department’s Officers 1) Any duly authorised officer of the Department ( in this Article referred to as “an Authorised Officer”) may, after giving not less than forty- eight hours' notice in writing to the person having custody of any premises within the area and on production of his authority, if required, enter any premises, at any reasonable time, For the purpose of any inspection necessary for enforcing and carrying into effect any provision of the Scheme or Act. 2) An Authorised Officer to whom admission is refused may apply to a Justice after giving the person having custody of the premises reasonable notice of intention to make the application and the Justice -13- may be Order under his hand require that person to admit the Authorised Officer into the premises at any reasonable time. 3) If no person having such custody can be found, the Justice shall, on oath made before him of that fact, by Order under his hand authorise an Authorised Officer to enter into or upon the property at any reasonable time and any such Order made by a Justice shall continue in force until the purposes for which admittance was required have been fulfilled or executed. 4) Any person hindering or preventing an Authorised Officer of the Department from exercising the powers conferred by this Article shall be liable on summary conviction at the suit of the Department to a fine not exceeding £50. 21. Penalty for offences 1) Any persons who - a) Contravenes any of the provisions of this Provisional Order; or b) Commences or carries on the development of any land in contravention of the provisions of this Provisional Order; or c) Carries on the development of any land in contravention of the terms of any ‘Stop Notice* issued in accordance with the provisions of paragraph 4 and Annex 3 of Schedule 2; or d) Contravenes any condition specified in a planning approval; or e) Wilfully makes a statement in any application for planning approval knowing it to be untrue or inaccurate or which he does not believe to be true; shall be liable - (i) On conviction on information, to a fine; (ii) On summary conviction to a fine not exceeding £2,000. 2) Where any person has been convicted of an offence under this Article, the Court may order that person to do all or any of the following - a) To cease any development in respect of which he was so convicted; b) To remove any building done or other works carried out in connection with that development; c) To restore to it’s original condition any land affected by any such development; d) To do such other things in relation to any land as the Court may in the circumstances consider proper; -14- And, if that person fails on being so ordered to remove any such building or other works or to restore to its original condition any such land, or to do such other things in relation to any such land as the Court may have ordered, the Court may authorise the Department to remove the building or other works or to restore the land to its original condition or, as the case may be, to do such other things in relation to the land a the Court may have ordered and to recover the cost of the removal, restoration or such other works, as the case may be, summarily as a civil debt. Default action 1) Subject to the provisions of Article 9 and of this part the Department may at any time - a) Remove, alter or demolish, so as to bring into conformity with any provision of the Scheme, any building or other work which does not conform to the said provision, or in the erection of which any such provision has not been complied with; or b) Where any building or land is being used in such manner as to contravene any provision of the Scheme, prohibit it from being so used; or c) where any land is being put to any use which contravenes any provision of the Scheme, reinstate the land; or d) Execute any work which it is the duty of any person to execute under this Order in any case where delay in the execution of the work has occurred and the efficient operation of the Scheme has been or will be thereby prejudiced. 2) Before taking any action under this part the Department shall serve on the owner and the occupier of the building or land in respect of which the action is proposed to be taken and on any other person who, in its opinion, .may be affected thereby, a notice specifying the nature of the action which it proposes to take and the grounds therefore. 3) The Department shall serve any notice for which provision is made by the last preceding sub-paragraph not less than twenty-eight days before it takes any action. 4) Where the Department, acting under the provisions of this Article, a) Removes, alters or demolishes a building or other work; or b) Reinstates any land; or c) Executes any work; Any expenses reasonably incurred by the department may be recovered summarily as a civil debt from the person in default. - 15 - 23. Appointment of Committees and Tribunal Except where Part I (special inquiries) of the 1981 Act applies, the provisions of Schedule 1 shall apply in relation to the determination of applications for planning approval. 24. Submission of planning applications and stop notices The provisions of Schedule 2 shall apply in relation to - a) Applications b) Stop notices 25. Revocations The Town and Country Planning (General Interim Development) Orders 1974 and 1977 a) and Town and Country Planning (Interim Development) Regulations 1975 and 1977, b) are hereby revoked but any application made, or other thing done, under those Orders or those Regulations, as the case may be, shall, with any necessary modifications, be deemed to be made or done under Schedule 1 or Schedule 2, as the case may be. •i ÛCWCLOFnEWT PUN ORDER1382 SCHEDULE 1 Planning Procedures 1. Interpretation 1) In this Schedule - “Approval in principle” means planning approval to development of land consisting of the erection of a building or buildings which is granted subject to a condition reserving for subsequent approval by the Department matters of sitting, design, external appearance, internal layout, means of access or landscaping not particularised in the application; “The Minister” means the Minister for Local Government and the Environment; “The Planning Committee” means the committee constituted under paragraph 2; “Public body” means a Department, Statutory Board or Local Authority or the Manx Museum and National Trust; “Reserved matter” means a matter of siting, design, external appearance, internal layout, means of access or landscaping reserved for subsequent approval by the Department on the grant of an approval in principle. 2) For the purposes of this schedule, an application for planning approval shall be treated as finally disposed of when it has been granted or refused, any review in relation thereto has been completed or the time for requesting a review has expired, and any appeal in relation thereto has been determined or the time for appealing has expired. 2. Planning Committee 1) The Department shall appoint a committee, to be called “The Planning Committee”, to exercise on behalf of the Department the functions specified in the Schedule. 2) Subject to sub-paragraphs (3) and (4), the Planning Committee shall consist of - a) One or more members of the Department, other than the Minister, and b) One or more other persons, not being members of Tynwald who shall be appointed by the Department. -17- 3) No person shall act as a member of the Planning Committee in relation to any matter in which he has personal interest. 4) The Department shall from time to time appoint persons to act in the place of any persons who are disqualified for acting under sub- paragraph (3) or who are through sickness or absence or otherwise unable to act. 5) The Department may make standing orders with respect to the proceedings of the Planning Committee. 6) This paragraph is without prejudice to the powers of the Department - a) To delegate any function, other than a function under this Schedule, to the Planning Committee; or b) To delegate any function under this Schedule to a person other than the Planning Committee; and where any function under this Schedule stands delegated to any person other than the Planning Committee, any relevant reference in this Schedule to the Planning Committee shall be construed as a reference to that person. 3. Applications for planning approval 1) An application to the Department for planning approval shall be made on a form to be supplied by the Department, and shall include such particulars, and be accompanied by such plans and drawings, as the Department may (either generally or in the particular case) direct. 2) The Planning Committee may decline to consider an application in any case where it considers that the application is substantially the same as an application, which has been refused at any time in the previous 5 years. 4. Notice of application 1) Unless - a) The Planning Committee otherwise directs on the grounds that the case is of a minor or routine nature, or b) The Planning Committee declines to consider the application under paragraph 3(2), The Department shall publish particulars of the application in at least one newspaper published and circulating in the Island, and may give such other notice as the Planning Committee may direct. 2) A notice under this paragraph shall state that any person who considers that he may be adversely affected by a determination of the application may make objections or representations in writing with respect to the -18 - application to the Planning Committee before such date (not being earlier than the date on which the notice is first published) as may be specified in the notice. Initial decision 1) Except where a previous application relating to the same matter has not been finally disposed of or the Planning Committee declines to consider the application under paragraph 3(2), the Planning Committee shall make an initial decision on every application for planning approval within 8 weeks of - a) The date on which the application is received, or b) Where the Department has directed under paragraph 3(1) that further particulars or other matters be furnished, the date on which the applicant complies with the direction. 2) Where the Department has directed under paragraph 3(1), that further particulars or other matters be furnished and the applicant fails to comply with the direction within such time (not being less than 21 days) as may be specified therein, the application shall be deemed to have been withdrawn. 3) If the Planning Committee fails to comply with sub-paragraph (1), the applicant may, at any time after the expiration of the said period of 8 weeks, give written notice to the Department requiring the Committee to determine the application within 14 days of the date of service of notice, and if the Planning Committee fails to do so the application shall be deemed to have been refused on the expiration of the said period of 14 days. 4) As soon as possible after the determination by the Planning Committee of an application for planning approval, the Department shall give notice in writing of the decision to the applicant and to every person who has made objections or representations in accordance with a notice under paragraph 4 with respect to the application; but no such notice shall be given in the case of a deemed refusal under sub- paragraph (3). 5) A notice under sub-paragraph (4) shall - a) state that the person on whom it is served may in accordance with paragraph 6(1) request the Planning Committee to review its decision; and b) in the case of a refusal of the application, state the reasons for the decision. 6) A decision under this paragraph shall not have effect until the application is finally disposed of. 6. Review of decisions 1) Any of the following persons - a) the applicant for planning approval b) the owner and the occupier of any land the subject of the application c) the Local Authority in whose district the said land is situated; and d) any person who made objections or representations in accordance with a notice under paragraph 4 with respect to the application, may within 21 days service of a notice under paragraph 5(4) by notice in writing to the Department request the Planning Committee to review its decision. 2) The Planning Committee shall refuse a request under sub-paragraph 0 ) - a) if it appears to. the Committee that the person by whom it is made (not being a public body or a person mentioned in sub- paragraph (l)(a) or (b) has no interest, or no sufficient interest, in the subject matter of the decision; or b) Where the application is refused on the ground that any direction under paragraph 3(1) has not been complied with. 3) On receipt of a request under sub-paragraph (1), the Planning Committee shall, except where the request is refused in accordance with sub-paragraph (2), give notice in writing to every person mentioned in sub-paragraph (1), other than a person (not being a public body or a person mentioned in sub-paragraph (1) (a) or (b)) appearing to the Planning Committee to have no interest, or no sufficient interest, in the subject matter of the decision, - a) that they intend to review their decision after the expiration of a period of 21 days beginning with the date of service of the notice, and b) Inviting the person on whom it is served to make representations in writing to the Department with respect to the decision before the expiration of that period; and may give such a notice to any other person whom the Planning Committee may consider appropriate.' 4) Any person on whom a notice under sub-paragraph (3) is served may before the expiry of the period mentioned in sub-paragraph (3)(a) request the Planning Committee to give him an opportunity of -20- appearing before the Planning Committee; and if the Planning Committee determines to accede to the request the Department shall inform every person on whom such notice is served of the time and place at which he may appear before the Planning Committee and make oral representations and call and examine witnesses with respect to the decision. 5) As soon as possible after the Planning Committee has reviewed its decision, the Department shall give notice in writing of the decision taken on that review to the applicant and to every other person to whom notice was given in accordance with sub-paragraph (3). 6) A notice under sub-paragraph (5) shall state that the person on whom it is served may in accordance with paragraph 7(1) appeal to the Minister. 7) A decision under this paragraph shall not have effect until the application is finally disposed of. 7. Appeal to the Minister 1) Any person to whom a notice under paragraph 6(5) is given, with . respect to the application, may, within 21 days of service of that notice on him, by notice in writing to the Department appeal to the Minister against the decision taken under paragraph 6. 2) Where an application for planning approval is deemed to be refused under paragraph 5(3), the applicant may, within 21 days of the expiration of the period of 14 days referred to in paragraph 5(3), by notice in writing to the Department appeal to the Minister against that refusal. 3) An appeal under sub-paragraph (1) or (2) shall be referred to a person appointed for the purpose by the Governor in Council, and the person so appointed shall - a) Consider the application, and any written objections or representations made with respect thereto pursuant to a notice under paragraph 4 or 6(3)(b); b) Invite the Department to make written representations to him with respect to the application; c) Invite the Appellant and any other person to whom a notice under paragraph 6(5) is given to make further written objections or representations to him with respect to the application. d) Give to the Department, the Appellant and any other such person an opportunity to appear before him and to make oral representations to him and call and examine witnesses; and -21 - e) Make a report in writing to the Minister, which shall include his recommendations. 4) The Minister shall consider the report of the appointed person, and may allow or dismiss the appeal, or may reverse or vary any part of the decision of the Planning Committee whether the appeal relates to that part or not. 5) As soon as possible after the determination by the Minister of an appeal under sub-paragraph (1) or (2), the Department shall give notice in writing of his decision to the persons mentioned in sub-paragraph (3)(c) , and such notice - a) Shall be accompanied by a copy of the report of the appointed person made under sub-paragraph (3)(e); and b) If and to the extent that the decision does not follow the recommendations of the appointed person, shall state the reasons for the decision. Applications by the Department 1) Paragraphs 5, 6 and 7 shall not apply to an application by the Department for planning approval. 2) An application by the Department for planning approval shall be referred to a person appointed for the purpose by the Governor in Council, and the so appointed shall - a) Consider the application, and any written objections or representations made with respect thereto pursuant to a notice under paragraph 4; b) Invite the Department to make written representations to him with respect to the application; c) Invite any person who made any objections or representations with respect to the application pursuant to a notice under paragraph 4, not being a person (other than a public body) appearing to him to have no interest, or no sufficient interest, in the application, to make further written representations or objections to him with respect thereto; d) Give to the Department, and to any person referred to in (c) above, an opportunity to appear before him and to make oral representation to him and call and examine witnesses; and e) Make a report in writing to the Governor in council, which shall include his recommendations. 3) As soon as possible after the determination by the Governor in Council of an application under this paragraph, the Government Secretary shall give notice in writing of the decision of the Governor in Council to the persons mentioned in sub-paragraph (2)(b) and (c), and such notice - a) Shall be accompanied by a copy of the report of the appointed person made under sub-paragraph (2) (e); and b) If and to the extent that the decision does not follow the recommendations of the appointed person, shall state the reasons for the decision. 9 Approval of reserved matters The provisions of this Schedule apply with any necessary modifications to applications for the approval of reserved matters as they apply to applications for planning approval. 10. Transmission of land 1) Where an applicant for planning approval is the owner of an interest in the land to which the application relates, and that interest becomes vested in another person (whether by operation of law or otherwise), that other person may with the leave of the Department be treated as the applicant. 2) Except so far as the approval otherwise provides, every planning approval shall ensure for the benefit of the land to which it relates and of all persons for the time being interested therein. 11. Duration of planning approval. 1) Subject to Article 6 and to subparagraphs (2) and (3), a planning approval shall have effect for such period as may be specified therein. 2) Any person interested in the land to which a planning approval relates may, before the expiration of the period specified in sub-paragraph (1), apply in writing to the Department for the extension of that period, and the Department may (subject to sub-paragraph (3)) extend that period by such further period as specified in the application or such lesser period as the Department may determine. 3) No planning approval shall have effect for more than 4 years unless the department is satisfied that there are special circumstances justifying a longer period. 12. Variation of planning approval. 1) The Department, on an application by any person interested in land to which planning approval relates or on whose application the approval was granted, and after consulting such persons as they think appropriate, may vary the terms of the approval. - 23 - a) As respects any matter of siting, design, external appearance, internal layout, means of access or landscaping; b) By varying the total floor area of any building the subject of approval by not more than 10 per cent. Any variation made under this paragraph shall be treated as having taken effect at the same time as the original approval. 5C¥EL0 fnCMT FUffl ORbER 1382 SCHEDULE 2 STOP NOTICES Annex 3 to this Schedule shall have effect in relation to stop notices and to the other matters specified in that Annex. ANNEX3 1. The Department may serve a notice (in this Order referred to as a “stop notice”) prohibiting any person on whom the stop notice is served from carrying out or continuing any specified operations on the land, being operations either alleged to constitute a breach of planning control or so closely associated therewith as to constitute substantially the same operations. 2. The operations, which may be the subject of a stop notice, shall include the deposit of refuse or waste materials on land where that is a breach of planning control. 3. A stop notice may be served by the Department on any person who appears to it to have an interest in the land or to be concerned with the carrying out or continuance of any operations thereon. 4. A stop notice shall - a) Specify the date (not being earlier than three nor later than fourteen days from the day on which the notice is first served on any person) when it is to take effect; and b) In relation to any person served with it, have effect as from that date or the third day after the date of service on him, whichever is the later. 5. The Department may at any time withdraw a stop notice (without prejudice to its powers to serve another) by serving notice to that effect on every person who was served with the stop notice; and the stop notice shall cease to have effect as from the date of service of the notice under this paragraph. 6. Where a person (in this paragraph called “the Contractor”) is under contract to another person (in this paragraph called “the Developer”) to carry out any operations on land and - a) A Stop Notice takes effect (whether in relation to the Developer or the Contractor, or both) prohibiting the carrying out or continuance of those operations; and b) The operations are countermanded or discontinued by the Contractor accordingly, - 25 - Then, unless and in so far as the contract makes provision explicitly to the contrary of this paragraph, the Developer shall be under the same liability in contract as if the operations had been countermanded or discontinued on instructions given by him in breach of the contract. In this Annex “breach of planning control” means the carrying out, whether before or after the coming into force of this Order, of development of any land without having first obtained the approval of the Department, or in contravention of the terms of any condition of any planning approval granted in respect of any such development or of any of the conditions specified in parts 1,2 and 3 of Annex 1 to this Schedule as the case may require. A p p e n d ix 5 Letter inviting Government Departments and Agencies submit evidence in writing and the replies received OFFICE OF THE CLERK OF TYNWALD Legislative Buildings, Douglas, Isle of Man, British Isles, IMI 3PW C/PFC/o2/plb 21st June 2002 Hon P Crowe MHK Minister For Local Government and the Environment Murray House Douglas Dear Minister Select Committee on Playground Facilities for Children The Select Committee have asked me to write to you concerning the provision of children's playground facilities in the Isle of Man. In particular the Committee are keen to know: (a) How often Section 18 of the Town and Country Planning Act 1991 has been used to secure the provision of land for playgrounds in the last ten years? (b) Whether your Department makes any financial assistance available to Local Commissioners to help them provide playground facilities? (c) Whether your Department has any comments to offer in general terms about the provision of playground facilities across the Island ? The Committee would be most grateful if you could provide this information by Wednesday 31st July 2002. In addition the Committee will consider taking oral evidence at a later date and if you, or any of your officers, are interested in giving oral evidence I would be grateful if you could indicate this in your reply. I enclose a copy of the Resolution of Tynwald establishing the Committee for your information. Yours sincerely Phil Lo Bao Clerk to the Committee ïlephone: (01624) 685500 Email: [email protected] Fax: (01624)685504 Department of Local Government and the Environment Rheynn Reiltys Ynnydagh as y Chymmyîtaght Murray House, Mount Havelock, Douglas, IsleofMan Isle of Man. G overnm ent IMl 2SF U rttfi Blan Vtmtln email: [email protected] Tel: (01624) 685859 Fax: (01624) 685873 From the Minister Your ref: Our ref: MIN/GC 25 M y 2002 Mr P Lo Bao Clerk to the Select Committee on Playground Facilities for Children Office of the Clerk of Tynwald Legislative Buildings Douglas IMl 3PW Dear Sir, Re: Select Committee on Playground Facilities for Children I refer to your later dated 21 June 2002, requesting information on three particular issues relating to the above:- a) How often Section 18 of the Town and Country Planning Act 199Î has been used to secure the provision of landfor playgrounds in the last 10 years. I understand that Mr I McCauley, Director of Planning and Building Control, is in separate correspondence with you regarding Section 18, and is preparing a detailed reply on how play provision could be secured through the planning process, not just through Section 18. b) Whether your Department makes any financial assistance available to Local Commissioners to help them provide playground facilities. The Department provides financial assistance towards local authorities in providing community facilities, including playgrounds. Local authorities are able to apply for a grant of 25% towards the cost of providing a new playground, which involves the initial installation of new equipment to comply with latest health and safety guidelines. The availability of grant assistance is subject to financial limits as determined by the Department Therefore, local authorities are encouraged to submit an application well in advance of the commencement of a project. Local authorities expend funds on the development and maintenance of playground facilities. They can, subject to approval from the Department, borrow funds for this purpose (as tends to be the case for larger projects). Alternatively, authorities can raise monies from rate funds. LGSECS/CQMMON/MIN/GCJULY02 Between 1987 and 2001, the Department received a number of petitions from some of the larger authorities on the Island for approval to borrowing monies in respect of playground facilities. In total, the Department approved some £660,000 expenditure for that purpose. The Department also incurs expenditure towards the provision of playground facilities in respect of its public sector housing stock. Between 1992 and 2002, some £143,000 was expended for that purpose (excluding 3 projects whose costs were included in the overall landscape scheme). In addition to the costs of developing each facility, all play equipment is checked and repaired as necessary on an annual basis. The annual cost of these works is in the region of £700. c) Whether your Department has any comments to offer in general terms about the provision of playgroundfacilities across the Island The Department wishes to make the following comments - Suitability of Location It is extremely important to locate a playground facility in a suitable area. The ideal location should be in close proximity to housing to ensure usage. The housing should, preferably, be mixed i.e. in private and public ownership to provide for a healthy social mix. The location should also be as open as possible and be without hedges, fences or walls. The more visible the location, the less likely it is for the playground to be misused. Equipment The playground equipment should be of good quality to meet health and safety standards. Whilst price is an important factor, the Department feels that quality should not be compromised when providing new equipment for playgrounds, and adopts this approach when purchasing items for housing estates under its public sector housing stock. It is also important to provide a variety of equipment to appeal to different age groups. I hope that the information provided will assist the Select Committee in its deliberations. However, if you require any further information, please do not hesitate to contact me. Your Hon Minister. LGSECS/COMMON/MJN/GCJULY02 OFFICE OF THE CLERK OF TYNWALD Legislative Buildings, Douglas, Isle of Man, British Isles, IMI 3PW C/PFC/o2/plb 7th August 2002 Mr J Cain The Director of Education St Georges Court Upper Church Street Douglas Dear John Select Committee on Playground Facilities for Children I have been directed to write to you by the above Committee in connection with its deliberation on the provision of play grounds and playing fields for children. The Committee is aware that most Island schools have some form of play ground, either tarmac or grass or both, and a number also have play ground equipment. The Committee is keen to know how the Department of Education would view these facilities being made available to children-to use outside the school day and during the school holidays. In addition the Committee would be interested to know what the Department's policy is regarding the use of school buildings by other organisations both outside of the school day and during holiday periods. Yours sincerely Phil Lo Bao Clerk to the Committee Telephone: (01624) 685500 Email: [email protected] Fax: (01624) 685504 a DEPARTMENT OF EDUCATION Rheynn Ynsee From the office of the DIRECTOR OF EDUCATION Stiursyder Ynsee St. George’s Court Upper Church Street, Douglas. Isle of Man John Cain M Ed. Isle of Man. IM1 2SG G overnm ent Direct Dial No: (01624) 685801 Fax: (01624) 685845 Website: www.gov.im Email: [email protected]. im Our Ref: Director/rc/BC 14 August 2002 Mr Phil Lo Bao Clerk to the Committee Office of the Clerk of Tynwald Legislative Buildings Douglas IM1 3PW Dear Phil Re: Playground facilities for children. Thank you for your letter of August 7th. The Department’s play grounds,both hard and soft, are available to children out of school hours and during holidays and the Department has insurance cover against its own negligence. Playground equipment is inspected regularly to ensure it is safe. School buildings may be hired by other organisations through the Department’s Lettings arrangements, a copy of which I enclose. Parts of the buildings are sometimes unavailable because of major works being undertaken, especially in the summer holiday. I hope that this is of use to the Select committee. Yours sincerely lohn Cain, Director of Education. Enc: Lettings charges and conditions leaflet. ISLE OF MAN DEPARTMENT OF EDUCATION LETTINGS CHARGES 2003/2004 RATES APPLICABLE TO ALL PRIMARY SCHOOLS GLENCRUTCHERY SCHOOL, MUSIC CENTRE & YOUTH CENTRES : 1E»I^^RYj$€ttOOIjSApiEH Spll|€i^iig^ ::iIViUSI f l B P f e l i a 0'*±^~z3c,V> < ir. ’ ft r V ¿Writ;-i«- %&&?-&< co Srji-f Monday to Friday £17.20 £3.45 Saturday and Sunday £21.30 £5.35 Bank Holidays £25.35 £7.60 [A* &&»». ■ 5}® jl^'v.T & vi*u. *^!jV ^ -'v£-£.v Monday to Friday £11.20 £2.25 Weekends £13.85 £3.45 Bank Holidays £25.35 £7.60 SipHTS'HAm * ir, : I *M Monday to Friday £34.40 £6.90 Saturday and Sunday £42.60 £10.70 Bank Holidays £50.70 £15.20 '-v1 v ^ i 's r t £A:*.%hp: '¿’"‘j i 1 v . 1 r? '. ,’ sr > /V v '^ '*■* s* , ^%&*;-.*: v ¿J+rsi: Monday to Friday £17.20 £3.45 Saturday and Sunday £21.30 £5.35 Bank Holidays £25.35 £7.60 '■ -■ •\« 'jj» ‘‘,,?S& : r,il.,-ii^ * '.-' Note;-‘Sro available w ithout • ■* J I'. - V-.1 \ :>i-rr '‘■S*". :t. ^ . : ^ - $t:V ;.''■?*-.■'O' -i .■: C' r . ^ tjiey' teaVe!>l ~*,v-’•^> “ i.> A .,3-s-, >,'.- * 5 K '!• '■■■■*■■ -. v - r''•-'••■ ■- - ■ ui^kuo&y'IM? :, “••¥ ';» : • '.>■''/.>■ V 'v i.^ ■ ■ J‘. >'■' .'■• v ’ -j\ ..V C -il c *■$?*5JE* ^ 5 *•? 'l - 1 •£-' _,>*;> -• V T e a t i p f i^O^’ll^i^Lse^ ;T^rVr^:ri& tion § • H[ irift i : t •’,*'. v v ’'‘ ,l. ‘‘■•O'.i t ;>‘ •'/ f ? > ■'s ^ i ' ^ t ' ? ; >*'-y-i\*#'.'fr^jsd:-~:-\'- ;^ ? 'V •'",;., .'/ “■( ;. ■v-rv v ’ lli -•,'^,• :. \ \ "': v - I I For non-commercial groups where a letting is partly for the benefit of youths and partly for seniors, senio will be charged at full rate and youths at a reduced rate, calculated pro-rata. Please provide names of all members and dates of birth of all school age children. I USE OF KITCHEN FACILITIES Details of requirements must be clearly stated on the application form, which will require the approval of t I School Meal’s Organiser. A member of the School Meals Staff must be present, in a supervisory capacity, and t ® full cost met by the organisation requesting the facilities. It is the group’s responsibility to approach the scho meal’s staff to arrange cover, informing the Lettings section of the staff member's name. CANCELLATION OR AMENDMENT CHARGE | A Charge of £2.00 per session will be levied for any cancellation or amendment to a letting. Where an organisation, including youth organisations, fails to give prior notice of a cancellatioi the full charge will be levied. i SCHOOLS USE AFTER 6PM AND AT WEEKENDS i 1 No Charge - No charge to be levied for events organised by parents/school/pupils to raise funds for i school purposes. Events involving parents, who must be official bodies, wishing to hold social events, for | example, bingo, bam dances, and any profit to be donated to the school. School concerts, parties, plays to assist in the development of pupils. | As much notice as feasibly possible will be given by the school/youth club for any sessions that have to be cancelled due to the school/youth club’s requiring the use of their building. \ Events for which a charge is to be levied - Events held by pupils for the purpose of raising funds for charity - to be charged at cost of i caretaking/light, heat and an element of wear and tear. Events held by outside organisations for the purpose of raising funds for charity. These i events may involve pupils and staff. The charge is to be the cost of the Caretaker/heat and light/wear and tear, VAT may also be applicable, please telephone the Lettings Section for | further information. VAT will be charged on all lettings of sports facilities for sporting i ctivities, except when 10 or more sessions are booked in any period, no longer than 14 days apart and for the same activity. The use of sports facilities for other than sporting purposes is exempt from VAT (i.e. concerts/pantomimes/meetings). VAT will be charged if a sporting group f o not pay their invoice as a whole. See Terms & Conditions leaflet for further details. I I I ISLE OF MAN DEPARTMENT OF EDUCATION LETTINGS APPLICATION FORM Organisation/Group ______Date. Name & Address of person applying______Tel.No Day time tel No. Email Address Position held in Organisation/Group Name/Address of Treasurer (if applicable) Venue required Facility (eg Sports Hall, Gymnasium, Field etc) Purpose______ALL dates required Required Hours Please remember that there is a minimum of 2 hours booking charge. 1------From------am/pm To. Please complete further dates over page. Discounts are available for voluntary youth groups. If you to apply for a discount, please complete the following and supply a full list of members including dat birth for junior members. Present Club/Association Membership______Adults ______Children (in full-time education) All requests for accommodation must be made at least 10 days before the date required I ______agree to take responsibility for the (NAME IN BLOCK CAPITALS) members of my organisation and their adherence to the regulations. Failure to do so may resu in future bookings being withdrawn. SIGNATURE DATE ALL dates required Required Hours 6------From------am/pm To 7 ------ 8------ 9------ 1 0______ 11______ 12______ 1 3______ 1 4______ 1 5______ 16 17 18 19 20 21 22 23 24 Where a booking is for the complete school year it may be easier to advise of the dates NOT requirt Mondays Term Time Only Excluding Half Term /Bank Holidays/Christmas & Easter. Please remember that setting up and clearing up time’s must be included in the times requested on y application. OFFICE OF THE CLERK OF TYNWALD Legislative Buildings, Douglas, Isle of Man, British Isles, IMI 3PW C/PFC/o2/plb 21st June 2002 Mr R Ellison Principle Health and Safety Adviser Personnel Office Dliam Dhone House Circular Road Douglas Dear Mr Ellison Select Committee on Playground Facilities for Children This Committee was established by Tynwald Court in May 2002 and has now begun to collect evidence about the facilities offered for children's playgrounds on the Island. The Committee have directed me to write to you to ask if you could inform it of the Health and Safety regulations that apply to the provision and construction of playground facilities for children. A copy of any Health and safety regulations governing children's playgrounds would be most welcome. The Committee understands that the European Union have regulations concerning this matter too, and it wonders whether you may have a copy of these? I enclose a copy of the Resolution of Tynwald establishing the Committee for your information. Yours sincerely Phil Lo Bao Clerk to the Committee Iephone; (01624)685500 Email: [email protected] Fax: (01624)685504 The Personnel Office Iiliam Dhone House Yn Oik Skimmee 2 Circular Road, Douglas Isle of Man Isle of Man IMI 1PH G overnm ent Chief Officer PtMyi 0)an Vonnfri Mrs B. Skillicorn Telephone (01624) 685000 Fax (01624) 685736 Mr P Lo Bao Contact: Ron Ellison Clerk to the Committee Office of the Clerk of Tynwald Legislative Buildings Douglas IMI 3PW 27 June, 2002 Dear Mr Lo Bao Select Committee on Playground Facilities for Children In reply to your request to inform the Committee of the Health and Safety regulations that apply to children’s playgrounds, I am pleased to provide the following information: 1. The main legislation that applies is the Health and Safety at Work Act 1974 as applied to the Isle of Man and enforced by the Health and Safety Inspectorate. 2. The National Playing Fields Association (NPLA) is established in the UK as the leading authority for developing and interpreting the legal standards for design and operation of playgrounds. The NPLA have produced a series of publications that interpret legislation and British/European standards to enable playground providers to comply with their legal duties. 3. The NPLA guidance is considered as demonstrating best practice by the Health and Safety Inspectorate and would be used for enforcement purposes. 4. The Tort of negligence under Common Law would also apply if the playground operator fails to act in a reasonably careful way, and as a consequence a person suffers injury, damage or loss whilst using the playground. 5. The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 (RIDDOR) apply and are concerned with reporting of accidents to the Health and Safety Inspectorate, and apply to accidents that take place in playgrounds. I have managed to obtain copies for you of the British/European Standards relevant to playgrounds. The Standards cover the safety of design, construction and inspection of the playground equipment. I would recommend that you obtain copies of the NPLA publications as these provide practical and technical advice for local authorities to safely manage the playgrounds. I have included a “Publication Listing” available from the NPLA along with details of their web site. If I can be of any further assistance, please do not hesitate to contact me. Yours sinefrely? / / Ron Ellison Principal Health and Safety Adviser Enc. I enclose a copy of the Resolution of Tynwald establishing the Committee for your information. Yours sincerely Phil Lo Bao Clerk to the Committee Resolution of Tynwald 21st May 2002 Play Ground Facilities for Children - Motion made - That a select committee of three Members should 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. Mrs Hannan Motion carried. Hon D Cretney MHK, Mrs H Hannan MHK and Mr W Henderson MHK were elected to serve on the Committee. OFFICE OF THE CLERK OF TYNWALD Legislative Buildings, Douglas, Isle of Man, British Isles, IMI 3PW C/PFC/ o2/plb 7th August 2002 Mr T Toohey Chief Executive Department of Tourism and Leisure Sea Terminal Buildings Douglas IMI 2RG Dear Mr Toohey Select Committee on Playground Facilities for Children I have been directed to write to you by the above Committee in connection with its deliberation on the provision of play grounds and playing fields for children. The Committee would be interested to hear what policy your Department has with regard to the provision of playing fields and leisure facilities for the children of the Island, and whether your Department takes any positive steps towards the provision of such facilities. The Committee appreciates that the Department of Local Government and the Environment is the central government department most involved in the provision of such facilities for children but it is anxious to obtain a comprehensive picture of all central government involvement in this area. Yours sincerely Phil LÒ Bao Clerk to the Committee Telephone: (01624) 685500 Email: [email protected] Fax: (01624)685504 epartment of Tourism and Leisure Rheynn Turrysid as Soccar Chief Executive sie of Man Terry Toohey Tourism and Leisure Divisions Government ttOyi OùtiVaimln Head Office, Sea Terminal Douglas, Isle of Man, EMI 2RG Telephone (01624) 686702 Fax (01624)686800 M“1 August 2002 E-Mail [email protected] Web Site http://www.gov.im/tourism Mr P. Lo Bao, Office of the Clerk of Tynwald, Legislative Buildings Douglas Isle of Man. Dear Mr Lo Bao, Re: Select Committee on Playground Facilities for Children Thank you for your letter of 7th August in the above matter. If I can firstly deal with the issue of playing fields which is relevant to both formal sport and informal recreation. The Department and the Sports Council has recently produced a new 10 year Sport and Recreation Strategy (copy enclosed) which was laid before Tynwald in July and will, it is anticipated, be the subject of a positive resolution before the end of 2002. The new strategy identifies a shortfall in terms of pitch provision, especially in the east of the Island; such shortfall being related to both volume of provision and the quality of what is provided. The new strategy envisages that this problem will be addressed in three ways • new provision • better community access to existing provision • improved maintenance In relation to new provision, the Select Committee will be aware that the Department had proposed the development of new sports pitches at Ballafletcher, Braddan; as part of a Millennium Park integrated with the adjacent Oak Wood. This project was put on hold whilst Ballafletcher was being investigated as a possible site for the new prison. Now that it is no longer a preferred option, the Department has reaffirmed site availability for the pitch development and over the coming months the Department will be seeking the necessary financial resources to take the project forward. The requirement for additional pitches is a result of considerable expansion of both competitive and casual sport and recreational activity over the last decade. Much of that expansion has been fuelled by the Department’s Sports Development section with initiatives such as: • sports schemes • development of womens/girls soccer • development of junior soccer • Manx Youth Games • TOPS Primary School Programme • support to sports specific development (e.g. appointment of a Football Development Officer) As you will appreciate from the above the main focus of the initiatives has been children and young people. In relation to children’s playgrounds, the Department does not have any specific remit and the issue has traditionally been handled by Local Authorities. Having said that, the Department does provide two play facilities (one outdoor at the Wildlife Park and one indoor at Summerland) although both are ancillary to primary function. The Department has, however, recognised that in relation to the whole area of general leisure (that is leisure activities that are outside the scope of sport and recreation, entertainment and the arts) there is no strategic responsibility within Government. It has therefore taken the lead in this area and is currently in the consultative phase of producing a strategy. This will not, of course, be specific to children and young people, but their facilities and items such as playground provision aré likely to feature heavily in the eventual report. I hope that the above is helpful to the Select Committee and if you require any further information, please do not hesitate to contact me. Yours sincerely, •n / T. P. Toohey, Chief Executive, A ppen d ix 6 Letter inviting selected developers to submit evidence and the replies received J G Kelly Homes Ltd. • Residential Developers * Our Ref: JHJ/MC/L675 20* September 2002 Mr Phil Lo Bao Clerk to the Committee Office of the Clerk of Tynwald Legislative Buildings Douglas Isle of Man IMI 3PW Dear Sir Re: Select Committee on Playground Facilities Further to your request I write with regard to your enquiry relating to our policy on Playground Facilito. It is difficult for us to have a stated policy with regard to this issue as it is invariably ncccssaiy for us to follow the requirements of the Planning Authority and other Government Departments and, as such, it is fair to say that we look at each proposed residential development individually. The factors that we would take into consideration would include; the size of the development, the housing mix of the development, the likely profilo of our customers vis-à-vis children of various ages, the locality of the development and, in particular, its proximity to existing or proposed facilities, and the policy of the relevant local authority with regard to ongoing maintenance. Finally, “secure by design” consideration in relation to the safe environment both for the users of any facilities and the impact on adjacent residents both existing and proposed. Our general view would be that the provision of such facilities should be dealt with as part of land use policy for a particular location Le. any development plans should identify land to serve an area and there should not be a planning policy that each residential development over a certain size requires facilities. This latter policy would result in fragmented small facilities, which are unlikely to be well conccived and difficult and expensive to mainta in Cont’d/2...... 3rd Floor, 19-21 Prospcct Hill, Douglas. Isle of Man IMI IB? Telephone: (01624) 614735 Fax: (01624) 613537 c-maik [email protected] Page -2- It may well be the case that a developer building in a locality may be asked to contribute towards part of the costs of a 44communal area* facility as part of the planning gain process. This is a policy successfully adopted, particularly in the Soutb of England. If wc can be of any further help, please do not hesitate to contact us. Yours feith&Uy e? JAMES H JACKSON Group Chairman Tel +44(0)1624 825710 • Fax +44(0)1624 825970 www.hartford.co.im 20th August 2002 Mr Phil Lo Bao Office of the Clark of Tynwald Legislative Building Douglas IMI 3PW Dear Mr Lo Bao Ref:- Select Committee on Playground Facilities. Further to your letter of the 7th August 2002. Our company’s policy with regards to the provision of Children’s playground facilities is as follows. On larger sites we provide areas of public open space in accordance with planning officer guidance and these areas are generally conveyed to the respective Commissioners. While we make land available for the Local Authorities we do not supply any equipment as there may be other facilities in close proximity and therefore the Commissioners may wish to use the open space for other uses such as Nature trails etc. These uses may depend on their maintenance budget or other factor’s. Kind regards Yours sjnc— James S Greenhalgh Managing Director. rtford Homes Ltd * The Old House * Wigan Lane * Ballamodha * Isle of Man * British Isles * IM9 3EP ectors A.S. Grecnhalgh, J.S. Greenhalgh • Inc. in the Isle of Man No. 061 4Û8C « VAT No.GB 001 0743 45 J Uni: j 5E Tromode Industrial Estate Tromode. Isle of Man IM4 4RG Tel: (01624) 662466 Fax: (01624) 663636 Our Ref: GW/CC/2162 Date: 8th August 2002 Clerk to the Committee Office of the Clerk of Tynwald Legislative Buildings Douglas Isle of Man IM1 3PW For the attention of Phil Lo Bao Dear Sir Re: Select Committee on Playground Facilities We refer to your letter dated 7th August 2002 in respect of the provision of playground facilities. We would advise that this company does not undertake private sector residential developments and we are therefore unable to assist you in this regard. Yours faithfully Managing Director E-mail: [email protected] [email protected] Registered Office: Peel Road, Braddan, Isle of Man 1M4 4LE Reg. No. 12207 Isle of Man Directors: G K Harrison (Chairman). G Walker, T O’Mahony, A P Wood Heritage d ik Homes v Our Ref: JMcL/df702-544 8th July 2002 Phil Lo Bao Select Committee on Playground facilities for Children Office of the Clerk of Tynwald Legislative Buildings Douglas Isle of Man IM1 3PN Dear Mr Lo Bao, RE; Playground Facilities for Children Thank you for your letter of 25th June 2002 in respect of the above which has been passed to me for comment. It is the policy of Heritage Homes/Dandara to make land available within all of our residential developments to be utilised as play areas for children. We do not provide play equipment or fit out these areas because of the insurance liability which would attach to us as a result. In the past, when requested, we have contributed to the cost of such equipment being purchased and installed by the local authority. Our farmhill developments which were all completed in the early nineteen ninety’s made land available in three locations. As far as we are aware only one of those sites (Clybane Road) has been developed as a play area. In the future, once the Draft Development Plan, is implemented, it will be mandatory for developers of estates consisting of ten dwellings or more to provide land for a variety of community uses which will include play spaces. If we can be of further assistance in this matter, please do not hesitate in contacting the undersigned. Yours sincerely, Director H eritage Homes Limited Park House, Isle of Man Business Park, Cooil Road, Braddan, Isle of Man IM2 2SA Telephone (01624) 693300 Fax (01624) 693301 Sales Office: Telephone (01624) 615000 Fax (01624) 615161 Incorporated in the Isle oí Man. Company Reg. No. 77089C Directors: Seamus Niugent Joe McLoughiin, Hugh McGuinness, John Cain, Cary Leeming, Ciarán Downey. A p p e n d ix 7 Letter to the Minister of Local Government and the Environment requesting information on the use of Section 18 of the Town and Country Planning Act 1991, the reply received and a copy of Section 18 of the Town and Country Planning Act 1991 and copy of section 13 of the 1999 Town and Country Planning Act OFFICE OF THE CLERK OF TYNWALD Legislative Buildings, Douglas, Isle of Man, British Isles, IMI 3PW C/PFC/o2/plb 21st June 2002 Hon P Crowe MHK Minister For Local Government and the Environment Murray House Douglas Dear Minister Select Committee on Playground Facilities for Children The Select Committee have asked me to. write to you concerning the provision of children's playground facilities in the Isle of Man. In particular the Committee are keen to know: (a) How often Section 18 of the Town and Country Planning Act 1991 has been used to secure the provision of land for playgrounds in the last ten years? (b) Whether your Department makes any financial assistance available to Local Commissioners to help them provide playground facilities? (c) Whether your Department has any comments to offer in general terms about the provision of playground facilities across the Island ? The Committee would be most grateful if you could provide this information by Wednesday 31st July 2002. In addition the Committee will consider taking oral evidence at a later date and if you, or any of your officers, are interested in giving oral evidence I would be grateful if you could indicate this in your reply. I enclose a copy of the Resolution of Tynwald establishing the Committee for your information. Yours sincerely Phil Lo Bao Clerk to the Committee Telephone: (01624) 685500 Email: [email protected] Fax: (01624) 685504 Department of Local Government and the Environment Rheynn Reilîys Ynnydagh as y Chymmyîtaght Munay House, Mount Havelock, Douglas, Isle of Man Isle of Man. Government IM1 2SF Ri’il/ys [ten Vti’min email: [email protected] Tel: (01624)685859 Fax: (01624) 685873 From the Minister Your ref: Our ref: MIN/GC 25 July 2002 Mr P Lo Bao Clerk to the Select Committee on Playground Facilities for Children Office of the Clerk of Tynwald Legislative Buildings Douglas IM1 3PW Dear Sir, Re: Select Committee on Playground Facilities for Children I refer to your later dated 21 June 2002, requesting information on three particular issues relating ito the above a) How often Section 18 of the Town and Country Planning Act 1991 has been used to secure the provision of land for playgrounds in the last 10 years. I understand that Mr I McCauley, Director of Planning and Building Control, is in separate correspondence with you regarding Section 18, and is preparing a detailed reply on how play provision could be secured through the planning process, not just through Section 18. b) Whether your Department makes any financial assistance available to Local Commissioners to help them provide playground facilities. The Department provides financial assistance towards local authorities in providing community facilities, including playgrounds. Local authorities are able to apply for a grant of 25% towards the cost of providing a new playground, which involves the initial installation of new equipment to comply with latest health and safety guidelines. The availability of grant assistance is subject to financial limits as determined by the Department. Therefore, local authorities are encouraged to submit an application well in advance of the commencement of a project. Local authorities expend funds on the development and maintenance of playground facilities. They can, subject to approval from the Department, borrow funds for this purpose (as tends to be the case for larger projects). Alternatively, authorities can raise monies from rate funds. LGSECS/COMMON/MIN/GCrULY 02 Between 1987 and 2001. the Department received a number of petitions from some of the larger authorities on the Island for approval to borrowing monies in respect of playground facilities. In total, the Department approved some £660,000 expenditure for that purpose. The Department also incurs expenditure towards the provision of playground facilities in respect of its public sector housing stock. Between 1992 and 2002, some £143,000 was expended for that purpose (excluding 3 projects whose costs were included in the overall landscape scheme). In addition to the costs of developing each facility, all play equipment is checked and repaired as necessary on an annual basis. The annual cost of these works is in the region of £700. c) Whether your Department has any comments to offer in general terms about the provision of playgroundfacilities across the Island The Department wishes to make the following comments - Suitability of Location It is extremely important to locate a playground facility in a suitable area. The ideal location should be in close proximity to housing to ensure usage. The housing should, preferably, be mixed i.e. in private and public ownership to provide for a healthy social mix. The location should also be as open as possible and be without hedges, fences or walls. The more visible the location, the less likely it is for the playground to be misused. Equipment The playground equipment should be of good quality to meet health and safety standards. Whilst price is an important factor, the Department feels that quality should not be compromised when providing new equipment for playgrounds, and adopts this approach when purchasing items for housing estates under its public sector housing stock. It is also important to provide a variety of equipment to appeal to different age groups. I hope that the information provided will assist the Select Committee in its deliberations. However, if you require any further information, please do not hesitate to contact me. Your Hon Minister. LGSHCS/COMMON/MIN/GCJULYO2 Extract from 1991 Town & Country Planning Act Section 18 18 Agreements regulating development of land (P1990/9/106] {1) The Department may enter into an agreement wiih any person having an interest in land for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be specified in the agreement; and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the Department to be necessary or expedient for (he purposes of the agreement. (2) An agreement made under this section with any person interested in land may be enforced by the Department against persons deriving title under that person in respect of that land, as if— (a) the Department were possessed of adjacent land, and (b) the agreement had been expressed to be made for the benefit of such land. (3) Nothing in this section or in any agreement made thereunder shall be construed— (a) as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by the Department or any other authority under the Town and Country Planning Acts 1934 to 1991 so long as those powers are exercised in accordance with the provisions of any planning scheme contained in an order under section 6 of the Town and Country Planning Act 1934; or (b) as requiring the exercise of any such powers otherwise than as mentioned in paragraph (a). Extract from 1999 Town & Country Planning Act Section 13 13 Agreements regulating development of land 11991/14/18] ( I ) The Depart mem may enter into an agreement with any person interested in land for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be prescribed by the agreement: and any such agreement may eoniain such incidental and consequential provisions (including provi sions of a financial character) as appear to the Department to he necessary or expedient lor the purposes of the agreement. (2) Nothing in this section or in any agreement made thereunder shall be construed— (a) as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by the Department or any other authority under this Act: or (h J as requiring the exercise of any such powers otherwise than as mentioned in paragraph (¿/). A ppen d ix 8 Hansard transcripts of oral evidence given to the Committee on 1st October and 30th October 2002, together with papers presented at the oral evidence sessions by PC Drowley and Mr Taylor and Mr P Young of the Youth Service Published by the Office of the Clerk of Tynwald, Legislative Buildings, Bucks Road, Douglas, Isle of Man. Printed by The Copy Shop Ltd., 48 Bucks Road, Douglas, Isle of Man. REPORT OF PROCEEDINGS OF THE SELECT COMMITTEE OF TYNWALD ON PLAYGROUND FACILITIES FOR CHILDREN Held in the Millennium Conference Room Legislative Buildings, Douglas on Wednesday, 30th October 2002 at 9.30 a.m. Members Present: Mrs H Hannan MHK (Chairman) Hon. D C Cretney MHK Mr RW Henderson MHK with Mrs Marilyn Cullen (Clerk) Oral evidence was taken from: Mr J McLoughlin, Heritage Homes PC Drowley, Isle of Man Constabulary Mr M Blackburn, Parkinsons Limited Mr J Wilson, J G Kelly Limited Mr P Young, Youth Officer Mr M Taylor, Youth Worker Evidence of Mr J McLoughlin Mr McLoughUn: Public open space. I think the correct terminology would be ‘amenity land’. Mrs Hannan: I would like to welcome you, Mr McLoughlin, to the select committee looking at the M rs Hannan: With regard to playgrounds, do you provision of playground facilities and other facilities make provision for the funding of playgrounds? for children. At the May sitting of Tynwald Court, it was resolved, at the instigation of myself, to establish a Mr McLoughlin: No. select committee to investigate the extent of provisions of children’s playground facilities across the Island Mrs Hannan: No. and to examine what might be done further to improve this provision. The committee consists of myself as M r McLoughlin: Not specifically. As I have said chair, Mr David Cretney, MHK for Douglas South, in my letter to the committee, there have been one or and Mr Henderson, MHK for Douglas North, At the two instances in the past where funding has been moment we are gathering evidence, and I would like to sought from us from the local authority for either the welcome Mr McLoughlin from Heritage Homes to the provision of playground equipment or for the initial meeting. The select committee is taking oral evidence maintenance of the land which we have dedicated to and it will be recorded for the report. them. First of all, I would like to welcome you and thank I you for joining us this morning to discuss this very Mrs Hannan: And will that be the full amount important part of planning for the future. Could I ask o r . .. you: when you are considering residential developments of, say, more than 10 houses, do you M r McLoughUn: Well, we would not know what always include space for play areas? the full amount would be. It would be a sum that we are prepared to give to local authorities in order to M r M cLoughlin: Oh, yes. That is an automatic assist them, either in the maintenance of the land or for consideration for myself and it is policy for the the purchase of play equipment if that is what they so company as well. Also, we are bound by the 1982 desire. development plan to provide such space. M rs H annan: Right, okay. If the local authority Mrs Hannan: Right. Have you ever been suggested that you should provide a playground involved with a section 18 - or it will be section 13 complete, would that be a problem for you then if you with the new Town and Country Planning Act when it provide the land and also some of the funding? comes into... M r McLoughUn: Some of the funding, yes. As I M r McLoughlin: Section 18, yes. said before to you, Mrs Hannan, that is something that we have done in the past. The land is automatically M rs H annan: Yes. Have you ever entered into a granted to the local authority and there is no monetary section 18 agreement on play areas? transaction. That is part of the site and that goes for adoption to the local authority. M r McLoughlin: Not specifically on play areas. We have entered into an agreement under section 18 in Mrs Hannan: No, but if the local authority said respect of lands at Groudle in recent years. ‘We would like you to provide the playground’, would that be a problem for you? Mrs Hannan: In what context? Mr McLoughlin: Do you mean the playground M r M cLoughlin: In the context that part of the equipment? planning approval was that we were to donate 21 acres of the total land area to the local authority, and a Mrs Hannan: Yes, the whole playground. You section 18 agreement was entered into with the have developed the estate and the local authority said, Department of Local Government in order that that ‘We would like you to provide the playground transaction take place. That is now in force. complete.’ M rs H annan: Right, okay. And what is that 21 M r McLoughlin: It is not something that we have acres for? done in the past and it is not something that a developer as such does, certainly not at the latter stages M r McLoughlin: It is recreation. ° f a development If it was something which was part of the initial requirement, then that would not be a Mrs Hannan: Recreation. problem, but obviously it would become a problem if it was only drawn in at the last moment. 31 Mrs Hannan: Right. When you are developing an Yes.) When people come to buy properties from you estate, where would you put a play area? and the play area facilities have probably been built from the start and they are there on the plans and M r McLoughlin: Well, each estate is different. If people can see that, is that a good selling point to I take Governor’s Hill, for example - and it is one that people? Do people welcome that? Mr Henderson will be familiar with - initially we had thoughts of putting a playground on the perimeter of M r M cLoughlin: No. Nobody wants to be close Governor’s Hill, but in our discussions with the to a play area. It is an unfortunate fact of life. various parties it was decided that it would be better if it was in the heart of the estate, where everybody could M rs H annan: Is it not a fact that it is the size of use it Having done that and provided 7.5 or 8 acres for the play area that makes a difference? If it is a very this purpose, we found that loads of objections came small play area. . . You have only got to look at the forward from people living in the area, which play area which is in Noble’s Park, and it is in one of prevented children and young adults from using the the select areas of Douglas. They have all sorts of amenity places properly, i.e. ball games were different facilities there and it can actually be an forbidden at a very early stage, and Douglas improvement - not an improvement to an area, but it Corporation had to take action to reduce the amount of gives a more open area than if you have got houses just land that was available for this purpose. So, it is a very across the road from you. I know what it is like in sticky subject. I find, on the Isle of Man and perhaps West View - we visited West View in Peel the other other places as well, that people are becoming very day; it is not a particularly wonderful play area, but it intolerant of children playing, and it becomes a has a good outlook. problem for everybody, so I do not know what the answer is. Mr McLoughlin: But it is remote from where people live, basically, and that is the answer, I think: M rs Hannan: Surely the estate at Governor’s Hill people do not want to live in close proximity to a was developed long before the play area was playground. But if the playground can be located as it developed? Does that not cause a problem? is at Noble’s Park - and it is a wonderful facility there - it works and the level of objection is far reduced. Mr McLoughlin: Well, the play area developed There are only a few houses within close proximity to with the estate. Part of the amenity land became what that, but within estates generally the residents do not is now referred to as ‘The Lakes’. They were installed welcome it at a very early stage and the green sward emerged from those lakes and spread out quite early on in the M r Cretney: So, for example, if a play area was development. shown on a plan on which people were looking to see a plot that they may be interested in purchasing and they M rs H an n an : So the play area has been there saw a play area marked out, that would be the last plot from the start of the estate? to sell? Mr McLoughlin: The amenity land has been Mr McLoughlin: It is a question that always there right from the start elicits more information to be provided: what exactly is going to be located there? And people have Mrs Hannan: No, the actual play equipment with reservations about living in close proximity to a the fence round - proposed play area, yes. M r M cLoughlin: Oh, no. The play equipment M r Cretney: I had thought it was the other way was something that was installed in latter years by round. I had thought that if play areas were imposed on Douglas Corporation, and I think that came about as a people when they had moved into properties, that was result of the objections from residents to people more of a problem than them making the choice playing ball. People obviously persuaded the themselves to go and actually . . . corporation to put in a small regulated area within which people could not kick around a football, for M r M cLoughlin: That is a different matter, yes. example. So, it was part of the product of the If people have a choice later on when the estate intolerance that has been shown towards organised establishes and the régime and the routine are games within estates now, and that is a factor of our established and they can agree among themselves the times I am afraid. best location, yes, that often works well. That is quite true. But at that stage it is too late because the land is M rs Hannan: Right. David? used up, the estate is built and the opportunities for a relocation are often gone then. Mr Cretney: What I was thinking was that perhaps it is one of our duties to try and encourage a M rs Hannan: Right. Bill? more tolerant society anyway. (Mr McLoughlin: M r Henderson: Okay, thank you. Do you work to M r Henderson: Yes, literally a loose guideline. any particular standards, when you are building an estate for instance or a group of houses, for what M r M cLoughlin: It is one of the things that the would determine a piece of open space for that group Planning Committee or the department will look for of houses, apart from the 1982 development plan that when an application for an estate comes before them. you spoke of? Is there anything the company uses There is nothing set down in stone there. It is part of a itself? Has it got a set of standards or principles to checklist; that is basically all it is. work to when it is designing a group of houses? M r H en d erso n : Right. How did you find the M r McLoughlin: Of course, Mr Henderson, it agreement at Groudle working? Was that something depends on the size of the estate, the number of that was negotiated, the section 18 agreement there for dwellings that are going to be provided, but we would that 28 acres of land, or was it something you felt that generally use the rule of thumb of 10 per cent of the you were pushed into to make things work, or was it an site to be allocated for public open space, whatever amicable arrangement? form that may take. M r M cLoughlin: Well, to describe it as totally M r Henderson: Right, okay. And is it one of your amicable would be wrong, because what it resulted in standards that you are always mindful to stick to that was a gross underuse of land in that area for reasons and do you take account of the mix of houses that you that were brought about predominantly by what one are doing? Say it was predominantly more first-time could only call the ‘nimbyism’ attitude of the existing buyers or young families, would you be looking to residents in the area, which resulted in a very peculiar ■ expand that 10 per cent or different groupings or zoning being attached to the land in the 1991 plan, different pieces of land, perhaps, to try and make it which we were bound by at that time. At that time, the work? In other words, do you recognise that it could be only way in which development could go forward was a younger estate or mixed and does that affect your by that land being handed over for adoption to the judgement in how the open space or the amenity land local authority. The section 18 agreement was a useful works? instrument at that time in that it gave everybody, including the department, the confidence that such an M r McLoughlin: Yes, it does. If, for example, we arrangement would actually happen - and it has in the are doing an estate which has a large dominance of meantime. first-time buyer houses or lower-cost housing - sorry, ‘higher-density’, I think that is the proper way to M r H enderson: Right, okay. Those are all the describe it - we would be mindful that the lower- questions I have. Thank you very much. density housing will require certainly a higher proportion of public open space attached to it than the M rs H annan: Thank you. Mr McLoughlin, have larger houses, which will have larger front and rear you anything that we have not raised that you would gardens, yes. like to raise with us on playgrounds and play areas? M r H enderson: Right, okay. You said that you M r M cLoughlin: Well, there is just one thing, were directed by the 1982 development plan that and I am mindful that the committee is sitting to bound you to provide play areas. determine the future, I think, for the provision of playgrounds on the Island. 1 am wondering, from my M r McLoughiin: Yes. own personal view, what weight the committee is giving to the emerging Isle of Man Strategic Plan, M r Henderson: Could you say a bit more of what which is quite specific in its requirements for the it does, what sort of direction i t . . . provision of such land in the future, and I am also unaware if the committee has considered the Mr McLoughlin: I will quote if I may - one I implications for the future use of such land and the prepared earlier. I am quoting from the Isle of Man impact it is going to have on house pricing in the Planning Scheme Development Plan Order 1982, part future. Maybe I should not be asking that of the select 3, section 2(b)(ii): ‘The provision within residential committee? estate layouts of sites for necessary ancillary facilities such as play open spaces, play areas and pedestrian M r Cretney: Well, we had representatives of the ways.’ And that, at the moment, is the designer’s bible Department of Local Government and the for residential and other things. Environment in the last time and they indicated this was an emerging thing and details of it were brought to Mr Henderson: Right. That is quite a broad our attention. brush. M r McLoughlin: Yes. M r McLoughlin: It is a very broad brush and it is not very specific. 33 M rs H annan: I think you are suggesting that it M rs H annan: The select committee is looking at might put house prices up? playground facilities for children. It was set up in the May sitting of Tynwald Court to examine the provision Mr McLoughlin: I am not suggesting. I am of playgrounds and recreational facilities. I am chair of absolutely positive, Mrs Hannan, because what will the committee, Hazel Hannan, MHK for Peel. arise . . . I know this is still in its draft form and it may Alongside me is Mr David Cretney, MHK for Douglas change, but currently a general rule of thumb is that 10 South, and Mr Bill Henderson, MHK for Douglas per cent of an estate, depending on its size, will go North, and we have before us PC Drowley. We are towards amenity land. If this is carried through in the recording this so that we can look at the evidence later. form in which it appears in the draft plan, I think it will So, I would like to thank you for joining us today. We result in that 10 per cent leaping to somewhere in the thought we should look at the provision of safety in region of 25 or 26 per cent of the land available for regard to play areas and the need for play areas in housing, which obviously is going to put an added cost communities. So, if I could start by asking you: do the on to the cost of housing, particularly the housing that police often get involved in existing playgrounds one wants to try and protect at the moment, which is because of trouble, or do they abate some of the first-time buyer and social housing. trouble that might be caused if there were no playgrounds? Mrs Hannan: I think what the planners are looking at - and I am not speaking for the planners - is PC Drowley: Yes, by quite a margin the usual good social housing and trying to get rid of some of reason that police are called to a playground is to take the social inadequacies that we have at the moment a report of a crime once it has been committed, and and provide for people, and maybe that means that is after the fact, when it has been discovered rather spending money. We were told that as more houses than at the time of the offence actually occurring. So, it were built, house prices would reduce. That has not is when your park warden discovers it, maybe the next happened, day or up to a week after it has actually occurred, and there is not then an awful lot that we can achieve in M r McLoughlin: Unfortunately, no. resolving it, and - M rs H annan: No. So, you are telling us they are M rs H annan: What sort of incident would they going to rise - be? M r M cLoughlin: No, what I am saying is that it PC Drowley: Yes, I was just coming to that. More is a logical conclusion that if less land can now be often than not, the crime that is most often reported is used, obviously it is going to increase in value. I was criminal damage. I did research the figures before just wondering if the committee was taking that into coming here today, and the most common crime is account. criminal damage, and that is to the likes of flower beds, windows in park buildings and criminal damage Mrs Hannan: The committee is taking that into to the facilities provided for younger children. Along account. with that, there are thefts of personal belongings, so the lads have gone down to the skateboard park and M r McLoughlin: Thank you very much. left their mobile phones whilst playing, and when they have gone back to their area where they left their coats Mrs Hannan: Thank you for your attendance and mobile phones, the mobile phones have been today. Thank you. stolen. So there is that side of knock-on effects, but with regard to the parks themselves, it really is a M r McLoughlin: Okay, thank you very much. matter of criminal damage and nuisance behaviour, flowers being uprooted and branches of trees or saplings snapped off just as they had been planted. I am sure that there is an awful lot of crime or nuisance Evidence of PC Drowley behaviour that does go on that is not reported to us as well. PC Drowley: Good morning. If I could ask permission, to ensure in my short space of time that I get my points over, if I could, I Mrs Hannan: Good morning. PC Drowley? actually have written out a prepared few points and I have actually provided you with a copy just in case as PC Drowley: That is right, yes. well and some further information which I have held on record for a while, but never had this opportunity to Mrs Hannan: Thank you for coming to see us present it, so thank you, once again. As I say, I am this morning. pleased to be able to give oral evidence here today representing the Isle of Man Constabulary. I do it as a PC Drowley: Thank you for inviting me. Horae Office qualified Crime Prevention Officer and 34 Architectural Liaison Officer and, as a Crime My second point is that facilities should be Reduction Manager for the constabulary, I hold provided for children of all ages. There are many responsibilities for strategic crime reduction issues, facilities in existence on our Island for the under 12 and as such I believe it is vital that the police do have a years of age group, but where will they play and meet voice in these issues. I believe that decisions or in a few years’ time? What facilities are there for over- recommendations made by yourselves could ultimately 12s? Many people in our local communities view lead to a rise or fall in both the fear of crime and the groups of young persons as frightening and rightly or chances of crime occurring within playgrounds. wrongly blame them for damage, graffiti and nuisance There are three points that I would like to speak to behaviour. To some people, three or four youths sitting you about today: the Isle of Man Constabulary on a park bench or at a bus stop appear intimidating, Architectural Liaison Officer should be involved in the and this can affect everyone’s quality of life and planning process for any new playgrounds or in the causes conflict between generations. It would appear refurbishment of existing playgrounds; my second that the vast majority of local authorities provide point is that facilities should be provided for children playground equipment for young children yet then of all ages; and my final point is that consultation with often spend vast sums of money repairing damage to it local children is necessary. following abuse by the older children. Complaints My first point that the Architectural Liaison about youths congregating near shops and community Officer should be involved in the planning process of buildings or playing ball games among houses and cars any new playground or refurbishment of existing are frequent and difficult to resolve. ‘No ball game’ playgrounds is backed up by the research of incidents signs are then erected, but can they be enforced? The of crime and anti-social behaviour linked with problems become exaggerated and the public expects playgrounds and paries around our Island. It would be enforcement of the rule, but the cause of the problem is fair to say that levels of crime are quite low and, as usually overlooked. The police are called to deal with already commented, the most crime is of a damage and these problems, but unfortunately are often ineffective nuisance nature. It is important to realise that on our in providing long-term solutions. The short-term Island we have survived with low levels of crime in a solution of moving young persons on is not effective lot of cases because of the lack of any motivated as they merely move back as soon as the police have offenders. To further explain this, our Island left the area, and this process does no more than environment provides locations for crime and potential frustrate everyone involved. Sometimes these conflicts victims, but luckily we do not have any persons on the can escalate and get out of hand, sometimes resulting Island who would take advantage of it yet. An example in offences against people and their property. Young of this would be that we happily exist with post office children want to play football, and it is easier to use a counters with little or no security in country locations, wall as a goal when only a few people are playing. with members of our elderly community running them. When this wall is part of your home, it is very Potential victims are there, locations are there, but annoying. A simple wall to kick against can easily be luckily we have no motivated offender to take included in a playground facility. This simple advantage of them. And in the case of playgrounds, if provision will, in itself, reduce nuisance in housing our Island was subjected to a motivated paedophile, areas. The other side of the wall could be made into a would our recreation facilities provide ideal locations climbing wall or have a basketball hoop placed on it and a host of vulnerable victims to attract such an There are many manufacturers now who provide these offender? My message is simple: we should not be facilities. complacent, and all agencies should work together for ‘Hanging out’ is part of the natural process of a safer Island environment. Simply put, prevention is growing up; it is an intermediate step between the better than cure. comfort and protection of the family home and the If I could further explain, Architectural Liaison is complete independence of adult life. If we do not cater concerned with bringing about crime prevention for this need to ‘hang out’ by offering suitable through the environmental design, a concept that locations and structures, then young people will acknowledges that the built environment can influence continue to frequent places not intended for them, criminal behaviour for good or ill and that it can also which could ultimately result in confrontations, influence a person’s ability to exercise control over complaints and lead to a spiral of anti-social behaviour their surroundings. It uses theories, and concepts such and potentially the start of a criminal record. The as ‘defensible space’ and ‘territoriality’. It is concerned problem caused by the gap in local recreational with enhancing those designs which support facilities covering the adolescent years is frequently community interaction and good surveillance, whilst increased by the lack of free alternatives that are open denying the criminal unhindered access towards targets for casual use. Clubs and youth organisations, although and easy escape routes, and these principles have the popular, open only for a few hours each week, which advantage that they can be applied to existing sites and means youths have to find something to do for the rest developments at the planning stage. And it is for those of the time. Young people need to socialise and reasons, which I am sure you will question me on become integrated into their communities, and if we do afterwards, that 1 submit that an Architectural Liaison not facilitate this process, we may be storing up Officer should be involved in the planning stage. problems for the future, and it is for these reasons that 35 I submit my second point, which is that facilities class could write letters to potential sponsors; the should be provided for all ages. maths class could evaluate the data that is provided by My third and final point, if you can just bear with any surveys; the geography students could survey the me, is that consultation with local children is potential sites; the debating society could engage to necessary. To ensure the provision of a quality facility establish what is exactly required;, technical drawing - that will be utilised, consultation is required with all or, as I believe it is now called, geometrical and interested parties. I am obviously aware that that is engineering drawing - students could provide scale what you are doing, but many agencies will be drawings of the winning designs to the competition; consulted by the Architectural Liaison Officer as a and sixth-form students could be engaged on work matter of course; for example, if a playground was experience placements in the departments, for example planned to be situated anywhere near a road, he would the Department of Local Government and the feel that the Road Safety Unit would need to be Environment, where decisions are being made with involved to address any road safety issues. Ordinarily, regard to their facility. The list is only limited by the a local authority will consult with their local imagination. There is also the issue of ongoing community; they must obviously find out whether the ownership, which needs to be addressed, but this can nearest residents will at least tolerate the facility, and if easily be done by the next age group that comes up the community have no understanding of the principles being involved in repainting the facility or raising behind what is trying to be achieved, then they money to upgrade or modernise to what their probably will fight against it, asking themselves requirements are. Ultimately, the facility itself may not questions like, ‘Why should the same kids who hang be the most important part of the project, and the around at the bus stops being a nuisance be provided process of involvement and empowerment may do with brand new facilities at our expense?’ Parents more for the young people involved than the facility obviously have to be consulted as they may not allow itself, and it is for those reasons that I submit my third their child to go and use the facilities because of some point that consultation with local children is necessary. misunderstanding they may have, but one party that is I hope that made sense to you. often overlooked is the local children themselves. Young people resent being seen as a problem and often Mrs Hannan; Thank you very much for that. Just consider themselves as victims, being wrongly accused before I pass over to David to see if he has got any of anti-social behaviour. They complain about the lack questions for you, could I ask you which playground of facilities and often wish to be involved in finding you would consider to be good or if there are any that solutions to the problems so that they are not do not fall into that sort of section? victimised. Young persons often congregate in the play area they grew up in. However, they now feel little PC Drowley: Yes. The one provided in Noble’s respect for the equipment that is provided for them at a Park, I think, is probably the most recent one to be younger age and are more likely to damage it than play refurbished and if ever I have actually had anything to on it. Younger children stay away from these facilities do with a playground, it would be that one. I certainly provided because they feel intimidated by the older had a conversation with Douglas 2000 and various children. Adults tend to assume that young persons people who were going to speak to Douglas need youth clubs and other structured, often expensive, Corporation. Not wishing to criticise it, certain things activities and this is not always the case, so why don’t were taken on board, and there are good facilities. we ask young persons what facilities they would like There are facilities for older youths, and I know they and where they should be located? In cases where are used; I have a 15-year-old stepson, and I know he young people have been consulted in mainland goes down to ‘hang out’ down there. I also know that England, their requirements have often surprised and he has responsibilities at weekends for looking after they have basically commented that they just want my younger children sometimes, and it is handy for somewhere dry where they can meet their friends away him to play with those facilities next to the kids in their from parents and other adults and where they will not own environment, so it works in that sense. I am also get any hassle but are safe. Again, on mainland aware that there are not many complaints from nearby England, and indeed in limited places on the Island, a residents with regard to the noise, so it has obviously simple shelter with seating location built in it has been designed close enough to the road for access for provided a safe place and has turned out to be very services et cetera, emergency services, and yet not popular. close enough to cause noise complaints, so that is a If children are not consulted, then there is little good issue too. I am mindful that there has been very hope of them taking ownership of the facility, least of little damage caused to it so far, but I do have all using it, and this is probably going to lead to criticism, and it is perhaps looking at the bigger damage being caused to it. There are many ways of picture, which I am responsible for. including children in the consultation process, as I am I see Noble’s Park and I know what they are sure you are aware, but including them in their local wanting to create: they are wanting to create a facility school brings about a structured way of consulting for all ages to bring about something that we can all them. For example, a design competition could be enjoy. Yes, you do get your dog walkers, and I know organised for design students; the English language they have an area for that. Yes, you do get young 36 I children during the daytime, obviously with their you like, in England. Luckily, they have had these parents. You do get youths and then you get this big problems for years before us, so we often tend to look massive age group gap to the older generation, who over there and see what they are doing. You will get play bowls. I play bowls as well, but they tend to be an certain places that are lit up and certain places that are older generation, and there seems to be a big gap not, and in the information that I have given you there between 15 and 16-year-olds and then 50, 60-year- are a couple of case studies, and hopefully in amongst olds, and there is no provision for the likes of myself, those case studies there is the argument and debate 35. What I would say is that the only thing that is between lighting and not lighting. Okay? missing from there is something like an all-weather pitch that would provide, in the evening times, when Mrs Hannan: Thank you. David? the 15, 16-year-olds are there, supervision, in effect, from a 35-year-old age group who frown upon M r Cretney: One of the things I was interested in criminal damage and who take pride in the fact that was the consultation with young people, because I they have got this Astroturf. They do not want that think that has worked in part in my area. However, the damaged by 15, 16-year-olds, and therefore their local authority in question recently put in a new play behaviour tends to balance. So, that is the only area in the centre of Anagh Coar, and it seems that the criticism I would have of it, but it is a damn good try, residents were not totally consulted about that. Do you and I think it is probably one of the best on the Island. think that consultation with people who are going to be I think you have probably looked at Braddan. perhaps affected by the behaviour of some young Braddan is, unfortunately, away from, in my opinion, people is important as well, or should they - any form of surveillance. I have actually got some notes here to help myself. Offenders actually ask PC Drowley: Yes. Consultation has two sides, themselves, ‘Can I be seen?’, ‘If I am seen, will I be again, to it. It is almost an education as well. If you or I noticed?’, and *If I am seen and noticed, will anybody heard that we were having a playground put at the do anything about what they are seeing?’ So, yes, we bottom of our garden, initially we may well think, ‘Oh, can light up - and I have got a little bit about lighting my God.’ However, I would argue that if my house as well. Yes, we can light up playgrounds, but if no- was in Tromode, which has had recent press coverage one has actually got ownership of it and no-one wants over these youths who are meant to be terrorising the to take ownership of it, if the local bobby does not area, running round gardens causing chaos - now, I am want to go round there because .. , I do not know why, aware that that does take place, however it has been if the local residents just turn a blind eye because they blown up slightly - and if they did have a playground have not been consultedr because they-did not want it facility,-then-perhaps those people-in the-houses would- - there in the first place, and if it gets damaged, well, be more than happy to have that playground facility great, because the kids will not play there any more. rather than have them running round moving their These are problems that we are all facing. This is wheelie bins, having wheelie bin races the day after the where the consultation thing comes in. Do you want bins have been emptied, writing on walls, and me to go on about lighting or not? urinating in darkened alleyways of the estate. All those sort of issues perhaps would be addressed. So, I think M rs Hannan: Yes. it is an education in that consultation, process. If the question was written in a way that asked ‘What would PC Drowley: It is a two-edged sword. If it is not you prefer? Would you prefer for these youths the lit up, the probability is that it will not get used. whole of Tromode?’. . . Because there is nowhere in However, it does not stop offenders turning up and Tromode/Cronkboume area, and it is because it is criminally damaging it, and there is no chance of ever getting bigger and bigger that they have to go up to identifying them, because they have the cover of Willaston and they have to go to Douglas, and that is darkness. I would consider it a good idea to illuminate not local to them. It would not be a problem to a 15- the area; however, I would probably say that there is a year-old or a 16-year-old to go up there and cause cut-off time because of local residents. When I say ‘lit damage because they are not really their facilities. If it up’, it would have to be done so that you are aware of is their own play park, they tend to take ownership of lighting pollution. It would have to be subtle lighting, it, and I am a big believer in that. 1 really do believe in enough to identify youths who are causing damage, but ownership and consultation, and I agree with you that not enough to glare in through somebody’s living room residents need to be consulted. They do need to be window or even stop them from hanging out there consulted, parents as well. because it is too light. But lighting obviously does provide a level of safety and security, and I think that Mr Cretney: Even if ultimately the local if signs were displayed by the local authority that at a authority makes a decision that the residents in total certain time it would be plunged into darkness, I think are not in full agreement with, if they have at least that would help, but of course then the lighting of a been consulted - path to the exit should remain on for maybe half an hour after that time, obviously for safety purposes, and PC Drowley: You are right; they then tend to that is my considered opinion. The jury is still out, if have some form of ‘Well, at least I had my say.’ 37 Mr Cretney: Regarding what you said earlier as they get older, it is different things, and I think I well - if I can, chairman - in terms of the wall, one of commented on the fact that different age groups have the things I get regularly is people kicking balls against different ownership of that facility. I do not know flats and one thing and another. That is such a simple whether it could be a residents' group that raises the thing that would make . . . If we could have more of funds itself - I also heard the comments about the those. ., money side of things and the raising of house prices because of what you may insist on. I wonder whether it PC Drowley: I was Pulrose and Anagh Coar is something the residents themselves can be motivated officer for six years, a time I greatly enjoyed, and I, to do. I do not know. too, have heard your comments with regard to people who make comments about those areas. I was very M r Cretney: Thank you very much. Hazel. privileged to work down there and enjoyed my time, but the time was spent mainly chasing after youths. I Mrs Hannan: Bill? look back at it now with a little wry smile, but I remember a book being down at Pulrose Police M r Henderson: I have got no questions, actually. Station, an occurrence book, and through the 1970s, Your presentation has been excellent (Mr Cretney: the 1980s and the 1990s the comments in them are Hear, hear.) and it is a side I had n o t.. . Well, some of exactly the same. Different bobbies; exactly the same it I had slightly considered before, but it is a side that offence. ‘Went round to Mrs Jones’ house who had we do really need to take on board. The notes you read eggs thrown at her window.’ That is in the 1970s. Then from, Phil, they are there as well. That is okay. it was Mrs Smith; same address, just a different tenant and a different bobby. Same problems. And when you PC Drowley: What I have not provided you with look at the likes of . . . I know you said about Anagh is. . . I had spoken to Phil Lo Bao and he had indicated Coar just being provided with facilities; for the years I to me some of the questions that may come up, so I was there, there was nothing for the youths to do. So have actually written answers to those questions. I am what were they going to do? They were just going to more than happy that you have those as well, because wander round, sit in bus stops et cetera and kick a ball there are a couple of points in there that maybe have in the street, which caused the annoyance of the not come up. residents. I was constantly going round to claims of criminal damage because the ball had hit a car or set Mrs Hannan: Thank you. off an alarm. We go round and there are all sorts of problems. The next day, the windows are put in M r H e n d e rso n : Would you mind us, if we because he was so verbal to the police and got them in needed to, recontacting you? trouble. I cannot stress enough how much facilities for PC Drowley: Not a problem. Again, on. the notes young kids are. . . They get a criminal record before I have actually put a little paragraph to say that, they even start, and once they feel that. . . It is almost a unfortunately, my time in this office is coming to an familiarisation with the police officer as well. They end and I am moving on. However, for probably the used to call me Phil rather than PC Drowley because I first time ever, we have looked ahead and there is used to go round and try and reason with them so somebody replacing me with exactly the same much. It is not a lack of respect for the police, but they qualifications. They have been working alongside me feel that ‘Well, there is nothing the police officer can for a couple of months - Mike Radcliffe - and his do to me here’, and they then grow in confidence and details are on there, so I would be more than happy the next thing they are doing is causing criminal that you contact him. He is fully aware of what I am damage, and it is an awful shame to see. So, if I can doing, and I will give him, obviously, the same notes bring about anything, it would be more facilities, and I that you have got. I will still stay involved because, accept th at. . . I heard the comment before - if I may, unfortunately, it is one of these things where once you chairman - about the private sector providing facilities, have got ownership of a particular issue, you tend to and I maybe missed the point originally that you are just want to see it through. maybe going to insist on them providing facilities. Again, we may go down the line here of saying, M r Henderson: You have done so much research ‘Mr Heritage Homes, provide us with six swings, two and have got the background in it, I think that is very slides and this.’ It may well be better to provide an valuable for this committee. We have been instigating empty field that is set aside for land and then go some trips out to-look for ourselves at facilities and are through the consultation process with the residents trying to look at good places and places about which who move into that area to say, ‘What do you require?* we know that complaints have been made. I am just If all those residents who move into those houses that wondering: we are going to do some more of those Heritage Homes, for example, have built are all 60, the trips, and would you or Mike be prepared to come with last thing they want is a load of swings for five-year- us? olds. If it is young families, then I can understand it is all the playground equipment for five-year-olds. As 38 PC Drowley: Yes, it would be ideal for us to children’s play facilities across the Island should be point out the little things that could be potential examined. I am Hazel Hannan, in the chair; David problems, and I have actually mentioned it in one of Cretney, MHK for South Douglas; and Bill Henderson, the answers to one of the questions I thought you may MHK for Douglas North, So, there we are. Now, I pose. It is simple things that police officers see. What think you have heard quite a lot of what has been said. we are not trying to do is. . . Architects who will Could I ask you where you have developments going design your playgrounds for you have worked for on at the moment? years to get their qualifications. We go on a course which, although it may well be three weeks, is just a M r Blackburn: Right We are working at Clifton miniscule time compared to them. We are not Park in Ramsey, We are obviously involved in Pulrose architects and we are not telling them how to build and the redevelopment of Pulrose. We have got their playground; what we have knowledge of is crime developments at Glen Vine and hopefully one - in and the criminal and, of course, the reason I kept Crosby as well. mentioning England is because they have had more problems than we have and therefore they have M rs Hannan: Crosby is coming up, is it? become an expert in that particular matter. However, we can spot something that is likely to turn into a M r Blackburn: Well, we will see. And there is crime far better than anybody else. It is just one of another one for Peel as well, but I was leaving that those things, I am afraid, and I would just give you an until last. (Laughter) example of a path that is put into a playground. You think it looks lovely, it is made out of nice little M r Cretney: I think she has put Peel in capitals. chipping stones and it goes right past the bowling (Laughter) green hut, which has got a nice plate glass window in it, and of course what we are providing there is stones, Mrs Hannan: Right. When you have a ammunition for a potential offender to throw through development such as this, are you involved with the that window. It is just silly little things like that that I provision of a playground? am not saying an architect may not take into consideration, but that is not their first way of looking M r Blackburn: Yes, we are, I have a great belief at things. Their thing is just to design a nice pathway, a actually, and I think the Isle of Man is a long way nice hut and pleasant surroundings, and we look at it a behind the UK in general in relation to developers bit differently: ‘Oh, God, look at those stones; they can providing facilities for the community. In the UK, it be thrown through the window.’ It is just a different tends to be that if you get planning gain, which is way of looking at things, so we are more than happy to given by government, basically, and especially on the go wherever you want us to go. We deem this as being Isle of Man, developers are expected to give something very important. If we can stop the rot now, who back to the community in return. Over here we seem to knows: we may have a much safer environment in the have forgotten that or we do not seem to deal with that future. issue. As a developer, I have absolutely no problem with that principle, as long as it is applied fairly and M r Henderson: Right Thank you very much. equitably across everybody. I think that in our planning process at times over here, certain people get PC Drowley: No, thank you. away with certain things that other developers would not. You have got to remember that land is the Mrs Hannan: Yes, thank you. commodity that we build on and that the price of that land sets the price of the house at the end. Now, the M r Cretney: Good luck in your new rôle. price of houses can then vary so much depending on how many houses you get on per acre. So, obviously PC Drowley: Thank you very much. talking about providing play facilities is taking out a certain amount of that building land, so inevitably if you are talking of £300,000 an acre for an area to build houses on and if your density is reduced, your house Evidence of Mr M Blackburn prices are going to go up, but if that is applied right across the board, what you will see is that developers M rs H annan: Now we have Mr Blackburn from will then be able to try and get the landowners to drop Parkinsons Limited. their prices because we have got to provide these facilities. A lot of people say on the Island at the M r Blackburn: That is it moment that we have got silly house prices - you know what is going on. A lot of that is not actually Mrs Hannan: We welcome you to the select caused by . . . There seems to be this thing that committee. Thank you so much for joining us. At the developers are making massive profit. A lot of it is May sitting of Tynwald, it was resolved that a select caused by actually what the land is being sold for. If committee to investigate the extent of provision of you are paying £300,000 an acre for land and you can 39 r only get eight houses on that, it does not take much to children. At times at night, yes, the teenagers and the work out that you are £40,000 or £50,000 per property older ones are hanging out there, but I have certainly before you start building. So that is what is causing the not seen trouble from that. We get more trouble with problems, but certainly for play facilities, yes, as long them in the streets than we do actually around that as it is applied across the Island and it is applied to area. Lighting, I think, was a very good point and everybody. another difficult one to say, but at Governor’s that area I think the policeman before actually made some is reasonably well lit because of the street lights very valid points in relation to when you should around it, so you can see what is going on. provide the play facility. Should you provide it during But certainly, as I said, going back to my first the course of the construction when you have point, as a developer, as long as it is applied right completed a certain number of houses or should you across the board and it is fair and equitable with leave it to the end and then consult with the people everybody, I think developers should provide these who have moved in? He had a valid point there that facilities - and not just necessarily playgrounds; you you could be building a retirement area. They are not could have community halls included as well. I think going to want a play area there, so planning dictating that in Peel you fought quite hard in relation to and saying you must provide a play area at the time heritage; that is the sort of thing we developers should that you put in the planning and then it is elderly be doing. We are going to get more support from the people moving into that area, it could be detrimental to community, as a developer, if we are actually going to that. It is quite a difficult thing for yourselves to think provide facilities. In some areas in the UK, they have about, but I think he had a very valid point there. Of to provide schools. If you are going to build an estate course, you have got to remember as well that elderly of 300 or 400 houses, you are expected to assist the people move on and a younger person could buy the infrastructure of that area, and I think we should be house later on, so maybe they would want play doing that over here. Why should the burden always facilities. So, I think his idea about actually setting an come back on government? area of land aside and then going through a consultation process during the course of the Mrs Hannan: Thank you for those comments. construction and afterwards and then providing a play David, have you got any? area may be the way forward. M r Cretney: One of the things that Hazel asked Mrs Hannan: Who would you see as being Joe McLoughlin was in terms of section 18s. Have you instrumental in bringing people together? People might been involved in any section 18s? be quite happy with just the land being left because it was a nice aspect in front of their house - M r Blackburn: No. M r Blackburn: ‘Now we have got a green field, M r Cretney: No. Okay, that is a simple one to we hope nothing is going to be built on it in the answer. (Laughter) The second one I was thinking future/ We actually had the same problem up in about was when you were talking about local Ramsey, at Clifton Park. We were building an estate authorities and perhaps their resistance to play areas. there of 24 to 30 houses at the time, and the planners Isn’t the educational thing there that the local asked us to put in a play area for children. The authority, as a body, is going to gain a whole lot more commissioners fought against it. They did not want a rate income, and perhaps their part of that equation is play area for children on the basis that they had to look to . . . after it at the end of the day. Their experience in other areas of Ramsey where there were play areas was of Mr Blackburn: Correct By more houses going vandalism and that type of thing, and the whole into their area, they are going to get, as you sad, more responsibility then rested with the commissioners. So it rates, which should provide them with more capital to goes back to the question of ownership again, be able to maintain these play areas, but there certainly something that the policeman went through in detail, is . . . When we dealt in Ramsey, it was terrible; there and. my view is that again, if it was applied across the was just no way at all that they wanted a play area. Island, why couldn’t the developer be responsible for ownership of that through; possibly, the Mrs Hannan: Did you provide the play area in commissioners? Why can’t there be some arrangement Ramsey? made, a business arrangement, where the actual maintenance, upkeep and that sort of thing of that area Mr Blackburn: No, the Ramsey Commissioners was still the responsibility of the developer as such? It fought against this, and at planning appeal it was is another option. Or you have got to educate your removed. local commissioners and get them to take full responsibility. Mrs Hannan: It is amazing. Bill? I live quite close to the play area at Governor’s, and I do not have a problem with it. It seems to work M r H enderson: Just a couple of small points. exceedingly well during the day for the younger Where is Clifton Park in Ramsey? 40 Evidence of Mr J Wilson M r Blackburn: It is going out from Ramsey on the Jurby Road. M rs Hannan: Mr Wilson from J G Kelly? M r Henderson: Is it near King’s Reach Nursing M r Wilson: John Wilson, yes, that is right. Home? M rs H annan: Yes. Welcome, John, to the select M r Blackburn: It is close to King’s Reach, yes. committee. The select committee on playground facilities for children was set up in May, and it was to Mr Henderson: We have been out and about establish the select committee that is before you now: looking at things, so we may just have a look at these myself, Hazel Hannan, in the chair; David Cretney, areas that have got no facilities, just to get a perception MHK for Douglas South; and Bill Henderson, MHK of things. for Douglas North. I welcome Mr John Wilson from J G Kelly to the select committee. The evidence is being Mr Blackburn: Yes. There is not one facility. recorded to help us later on put together a report. So, Clifton Park is a very large housing estate, probably in you are very welcome. Could I ask you first how many the region of 200 houses, and there is no play area developments you are involved in at the moment? there. (Mr Henderson: Right.) There is an area of land that you will see when you go up there where Mr Wilson: At the moment, we are building on there is talk about another primary school, Clifton Park three housing sites on the Isle of Man. There is a Primary School. 1 would hope that within that school development at Cronk Grianagh in Braddan, which is development there would be a play area provided, for 33 first-time buyers’, nine public sector and three because I think it is important for that area. private houses. There is a development at All Saints’ Park in Laxey, Lonan, which is for 43 units in total, 14 Mrs Hannan: That land is earmarked, is it? of which are first-time buyers’ houses, and we are just completing a development at Harcroft on the new M r Blackburn: Yes, it is, for a new school. Castletown road, which is for 69 houses, 55 of which are first-time buyers’ houses. Mrs Hannan: Right. M rs H annan: On any of these developments, are M r Henderson: I have got no further questions, you providing play areas? thank you, Hazel. Mr Wilson: A play area has been requested on Mrs Hannan: Is there anything that you would Harcroft. I cannot tell you what size it is, but there is like to raise with us that we have not raised with you? I an area set aside as a play area on the Harcroft know you have covered most of the points that we development. There is public open space at Lonan and were going to ask - there is public open space at Cronk Grianagh, neither of which are designated play areas at all. Mr Blackburn; I am very positive to what you are actually doing. I think it is needed. My only Mrs Hannan: What sort of size of open space concern again is that - I keep saying this - the would they be? Would they be big enough for - planning process at times is not fair, and there seem to be different rules for different areas and it depends . M r Wilson: Oh, absolutely. They are quite large. who shouts loudest et cetera. We have got to try and standardise that across the board so that developers Mrs Hannan: - a play area, maybe kicking a know exactly what they are going to get and what they football, that sort of thing? are going to do, because they have got to be able to go and negotiate correctly for the land that they are going M r Wilson: Yes, absolutely. to purchase. Mrs Hannan: And are they reasonably flat in M rs Hannan: That is wonderful. these areas? M r Blackburn: Okay? Mr Wilson: Lonan is not too bad. It is a very steeply, sloping site, so it is obviously dictated by the M rs Hannan: Yes, thank you very much for your contours of the existing land. Cronk Grianagh is not attendance. too bad at all; that is a relatively flat site. Again, it is a sloping site, but it is not ‘mountain goat’ country. M r Henderson: Thank you. M rs H annan: No. So it would be reasonably flat M r Cretney: Thank you. for play areas? 41 M r Wilson: Yes. I think the thing about Cronk think, is having a coherent overall development policy Grianagh is that adjacent to the Cronk Grianagh so that if there is . . . Malcolm Blackburn referred to development, which is phase 2 of a previous community halls et cetera, all of which are reasonable development, there is a very large play area, which is points, and education is certainly one of the points on probably why there was no play area requested there. the Isle of Man. The Board of Education is one of the strongest voices in any new development area. If at M rs H annan: Right, okay. Have you ever been least a school area was set aside, and if, in doing a involved with a section 18 of the Town and Country development in an area, you were told that for every • Planning Act? house you need to contribute x towards the cost of constructing a school, that is fair enough; nobody is M r Wilson: I heard Mr Cretney ask about that. I complaining about that. It is just knowing about it in a do not actually know what a section 18 is, I am afraid. timely fashion so that it is not suddenly an additional cost that you were not expecting. Mrs Hannan: It relates to planning gain. Mrs Hannan: Are you asked to support a play M r Wilson: No, not here. We also develop in the area financially? You have mentioned Harcroft. Would UK, which I think is the focus. Obviously, Mr Lo Bao you - wrote to Jamie Jackson - it is only because he is not on the Island that I am here - and I think the focus of one Mr Wilson: No, that would be adopted by the of the points in his letter was saying that, in the UK, relevant local authority, when we go to look at a site, very often there is what they refer to as a ‘commuted sum’. As opposed to Mrs Hannan: So you would just leave the land? actually providing facilities there is a lump sum which depends on the size of the development. Say, for M r Wilson: We would provide it to a standard example, it is calculated on the number of units, they required and then it would be adopted at the would say that in any development in this area, for appropriate time. It would be inspected and adopted if every house, you pay £1,000 towards off-site facilities. it was acceptable and - So the facilities may not be on that actual site, but you are contributing to the infrastructure of the local area. Mrs Hannan: The completed play area or just This section 18 here, which I am not familiar with - so the . . . we have not been involved in any - I assume may be along the lines of that type of agreement in the UK, but M r Wilson: We are not actually providing . . . On I do not know. I do not know the details of a section Harcroft - and again this is one of the points and this is 18. probably why there is actually a select committee on them - apart from just the provision of the play areas Mrs Hannan: Right. In some areas, do you there are all the issues with regard to maintaining provide other facilities, when you are developing in the them, insuring them, are they appropriate for the area UK? et cetera? One of the points at Harcroft, when we were discussing that with the Department of Local M r Wilson: Oh, in the UK? What happens in the Government, was that if you provide a play area, the UK - which, again, I think is the focus of the letter liability for people getting injured there is quite great. which Jamie Jackson wrote - is that there seems to be For example, the play area I go to quite a lot is at a more rigorous and established development plan for Onchan Park. There is a fantastic play facility there, an area. One of the points, I think, that Malcolm but you can see how much thought and effort has gone Blackburn was probably referring to when he talks into making it a safe place for children. It is not about inequity is that sometimes it appears that, in necessarily taking account of the other aspects - trying to correct something, to correct a group of ills Malcolm Blackburn was referring to areas where because you happen to be the last person developing in youths can congregate at night - but certainly for the an area, you are actually the one who bears the brunt of use of the playground as a playground facility, it is not it, and I think that is what he is talking about. In something where you can just leave a strip of land and England, when we go to buy a piece of land, from the stick a couple of swings in it. The design of play areas outset it does not matter if the commuted sum is now is really quite specialist; it needs a lot more £100,000, we know that and therefore we can add that thought and, therefore, money to actually construct in and say that is a cost which we must bear, and we them properly. I think the point that Jamie Jackson was can then decide whether or not we buy the piece of making in his letter was to say that if there is actually a land. So, it is not really the problem of it existing; it is policy and if you take a catchment area of a certain the problem of it being brought in after you have number of houses - and Malcolm is referring to committed to buy the land, and it is almost brought in Clifton Park - and there is a certain number of houses as an additional cost, which, if you had known about, which requires a facility of a certain size, at least then you may still have proceeded to buy the land, but at there is some method of dividing up what contribution least the choice is yours. And one of the problems, I is made. If you are putting two houses on, you do not 42 want to make the same contribution as somebody who M r H enderson: No, I have no questions. I think is putting 500 houses on, but it is reasonable that you have set your case out very clearly. We have everybody does make a contribution. There is no already talked to two developers this morning as well, question about that who have covered a lot of ground, and we would just be going over the same thing again, but you have M rs Hannan: Okay. Maybe you could make clear raised some interesting points with the maintenance, who Jamie Jackson is? insurance and the appropriateness of the facility matching into the area. So, thank you for that. I have M r Wilson: Jamie is the chairman of the Jackson got nothing else. Holdings Group, of which J G Kelly are part. Mrs Hannan: Okay. Is there anything that we M rs Hannan: Right, okay. Thank you. David? have not asked you that you would like to make clear to us? M r Cretney: I was just interested - as I would be - in the Harcroft one in particular, as it falls within my M r Wilson: No, I think everything is covered. As constituency. There was no formal play area required Mr Henderson says, it is really probably just going as part as the planning approval, so what is happening over old ground, but the main point for us is that we now? are certainly completely in agreement that there should be the provision of such facilities. We are happy to M r Wilson: There is an area which is adjacent - I contribute to that, but I suppose the main point is that cannot remember the house numbers - and which, at we do not want to be contributing to that when there is the time, we said we would make available as a play no consideration of that amount of money taken when, area. I think it is probably being adopted - I do not for example, we are buying the land or selling houses know if it is by Douglas Corporation - so that it is their or whatever. That is the main point. A sort of will to do what they wish with it, really. That was the centralised development policy is what we would be theory. Again, our argument at the time was that the very grateful for, and I think that would bring about Harcroft development, as you will obviously be aware, the equitable arrangement that Malcolm Blackburn was the first of this new method of procuring first-time referred to. buyer houses. It was taking a new approach with regard to offsetting capital costs et cetera, so our Mrs Hannan: Right. Well, thank you very much. discussions at the time were saying that we had not included, because of the onerous nature of play areas M r Wilson: Thank you very much. and . . . I would not like to put a figure on it, but to actually design and construct a play area to modem M r Henderson: Okay, thanks. standards is not a cheap option, so what we have said is that that area is set aside for them to do what they want and that planning the various footpaths et cetera - there are public routes which cross the play area as Evidence of Mr P Young and Mr M Taylor well - Mrs Hannan: We have Mr Paul Young, Youth M r Cretney: I was just wondering if people who Officer, and Mr Michael Taylor, Youth Worker. Is that may have bought first-time buyer properties adjacent . right? to this area which has been set aside would have been aware, at the time they purchased the properties, that Mr Young: Yes. this was something that might be going to go next to the houses if the corporation are going to do a formal Mrs Hannan: Thank you and welcome to the play area now? select committee. Let me first introduce the select committee. It was set up in May by resolution in M r Wilson: I am not certain; it is a fair question. I Tynwald Court, and it was to establish a select think the area has probably been designated on the site committee to investigate the extent of provisions for plan as, for example, ‘area set aside for play area’, and children’s* playground facilities across the Island and in the legal packs which all purchasers get there will be to examine what might be done to further improve this a site plan which identifies the plot. Again, it may not provision. The committee is of three members: I am in have been drawn to their attention specifically, but it is the chair, Hazel Hannan, member for Peel; David there for them to see. Cretney, MHK for Douglas South; and Bill Henderson, MHK for Douglas North. We have before us Mr Paul Mr Cretney: Thank you. Young, Youth Officer, and Mr Michael Taylor, Youth Worker and you are very welcome to join us. You M rs Hannan: Bill? have not managed to bring any young people with you, Paul. 43 Mr Young: Well, Michael is a young person, the Planetarium. Future plans include fencing - as you (Laughter) can see, it is very open - floodlighting so that a lot of these activities can continue at night, and what is M rs H annan: I know he is a young person, and I called a ‘sexy shelter’, which is basically just a shelter am sure you have talked to young people, but - for young people to hang around in, sheltered from the elements, but it does not actually contain anything else. Mr Young: I am not sure actually what the How the project has come about is the result of protocol for the presentation is, but what I would like insight, intuition, hard work and good fortune but, to do is actually break it into three parts. I have not got critically, liaison between the different agencies any young people with me as such, but we have a working with young people in Peel. The insight came video of a youth forum that we held at Cronk y Berry from individuals who appreciated that there was a gap School in April. I have got a video which lasts for in provision for the young people in Peel in their about four minutes. The theme of the forum was what leisure time, out of which came the Planetarium, which it is like living in the Isle of Man for teenagers in the is a single-decker bus which is a drop-in facility for 21st century. Could I put the video on? teenagers. The Planetarium was the brainchild of Syd Barry, who used to be the police sergeant serving in Mrs Hannan: Yes, I am sure it would be helpful. Peel, and Dave Bromilow from the Peel Commissioners. Regularly now, 30 to 40 young people Mr Young: After the video, I will give a use the bus on a Thursday, Friday and Saturday presentation as to what we have done in the Peel area evening. for young people, and then Mike will follow that up The Peel police, with Dave Fletcher and Tony with what it is like living in Anagh Coar in the 21st Paxton taking the main lead, also appreciated the need century for a teenager. for teenagers to have street sports, out of which came the five-a-side football pitch and the basketball park. A video was shown. The skate park, which was funded by Peel Commissioners, is probably the focal point of the area. Mrs Hannan: Thanks, Paul. That was really The detached youth workers provide support for good. the young people on a Friday evening, the most crucial evening in terms of problems. There is also the inter M r Y o u n g : Some of them are a bit on the agency group, which includes the head of Q.E.II, the unrealistic side, but it does give a feeling as to what head of Peel Clothworkers, the police, health services, teenagers actually aspire to in their leisure time. As I commissioners, youth workers, detached youth say, some of it is unrealistic, but there is some food for workers, western bus youth workers, social services thought there. I was going to give a talk now on what and the local MHK. Their aim is providing support for we have done in Peel for young people. I have actually young people by liaising with their fellow copied this onto an A4 sheet. Would you like a copy professionals. now? An indication of how successful this ‘joined-up’ working has been can be evidenced by the fall in M r Henderson: Yes, you could do that, Paul. juvenile crime in Peel. The main thrust of the youth culture area, though, is that young people have been M r Young: And I will read from it, not being a involved with the project from the beginning. Young particularly good orator. people have had a say in what they wanted, how it was going to be designed and with the actual Mr Henderson: Or if you have got any other implementation. For instance, the Planetarium, which information there, obviously we would . . . is a western bus, is for young people, and although there are youth workers in charge, it is the young M r Young: The other offering I have got is some people who set the tempo and the standards. One of the photographs. I took those photographs on Sunday. words is ‘empowerment’; that, I think, sums up what Somebody else was supposed to be taking them for we are trying to do for young people in Peel and, as me, but they did not. I took them on Sunday, and if you have probably worked out, the thrust of this is you remember what the weather was like on Sunday, working with teenagers rather than the younger age the waves were coming over the breakwater, so it group. looks a bit on the bleak side there, but it should give you an idea as to what can be produced from what was M rs Hannan: I am just slightly at odds with some previously a derelict area where the old western o f . . . The actual basketball park, I think, was the first swimming pool was and the marine hall. Now it is all thing that was there, and the commissioners put that contained into a youth culture area for the teenagers of there. That was more or less at the start, wasn’t it, of Peel. The youth culture area which is situated around the inter-agency group? the old marine hall and former swimming pool site now contains a five-a-side football pitch, a skate park, M r Young: Yes. a basketball park, a BMX track and the Western bus, 44 Mrs Hannan: And I think the bus really came out Anagh Coar, there have been no facilities in this area of a committee. Jt just happens to be that Syd Barry for teenagers, and as I have grown older, I have and Dave Bromilow were the leads on that. I just want realised that the young adults who are now drug to set that straight, because it is . . . addicts or known criminals in the area were once hanging around at my age because they were bored M r Young: Yes, that is right. due to the lack of facilities. To be perfectly honest, I think we can all expect a repeat of this soon if nothing Mrs Hannan: There were quite a lot of youth is done to address the situation. workers involved with that at the time, and we did I, for one, especially found life boring on this central meetings at the police station and the estate, as did my friends. Due to the lack of facilities, courthouse, yes. So, if this is in our report, I just the only way we used to entertain, ourselves was by wanted to make it quite clear. (M r Young: Yes.) getting a chase from people or often the police. At the There were committees - a forerunner, I suppose you time, it was such fun; now when I look back on it, I could say, of the inter-agency group - weren’t there, to laugh at our stupidity. I hold my hands up, because set up something? It started off - when I was 13 I was no angel; getting a chase was ace, because there was nothing to entertain us, so we would M r Young: It started out in the courthouse, didn’t do it at other people’s expense. When I got to 16, I it? recall the day we were out playing golf and I noticed the moveable set of goalposts at Kewaigue School. M rs H annan: Yes, but it started off with young That night, a few of the lads went down and nicked girls who came and said to me and to the police them and brought them back up to Anagh Coar. Two sergeant, ‘We have nothing to do. What do we do?’ weeks later, the police came and confiscated them and that is how that started off. I know we have got from us and brought them back to Kewaigue School. this in Peel. Are there any other areas that are being Pulrose police went down and explained to the head developed in the same way? Are you aware? I know teacher that they were actually good in keeping us out you are the west, b u t... of trouble and that our intentions were good for them, not bad. The head teacher told Rosie Joyce that if we M r Young: No, I am not. The youth service, as a still wanted them, we could have them, as long as a policy, is trying to establish inter-agency groups small group went down to see him and ask if we could throughout the Island, more ‘joined-up’ working. That borrow them. This we did; myself and three others is part of the Ofsted recommendation, but it is went down, and he said that as long as we looked after something we have taken on board for a long time. them and returned them when he asked, he saw no Nowhere has got to the same extent as Peel, although problem with us borrowing them. When we got the there are groups trying to get going, but I think Peel goalposts back to Anagh Coar, we explained to the has really led the way in terms of what we have others what the head teacher had said, and everyone achieved. It is our policy that . . it does not have to be was very grateful. We placed the goalposts on the an example, but an example of good practice anyway ‘link’, a field in the middle of Anagh Coar, because is that this is how we have worked in Peel and this is now we did not have to keep hiding them. Everyone what we have achieved. looked after them, and when we were not playing with them the younger ones would, and they too would M rs H annan: But I think you would agree that in respect them. Everyone was proud because they all felt Peel we do miss out on that older age group to a as if they helped get the goalposts for everyone to use, certain extent, and especially girls. even though they were nicked in the first place. The teenagers kept rotating the nets on the grass so it was M r Young: Yes. not going bald where they were playing, thinking of the area. M r Cretney: They want a cinema as well. One day, we were all at school and Douglas Corporation came up to cut the grass. At the same, Mrs Hannan; Yes. And an ice rink and what they took our nets and goalposts away. They were else? A swimming pool. Well, they are getting that. confronted by a resident who explained to the (Interjections and laughter) Michael, what would you corporation workers that the nets had been keeping us like to say to us about facilities? Have you spoken to out of trouble, which they had, but still the corporation other young people? took them away. The same resident who confronted the workers told me, so I phoned the corporation and M r Taylor: Yes, I have actually. I am only 18 and explained in a civilised way what had happened. I got a half myself, so I know where they are coming from, transferred to the parks and gardens department. I and basically up in Anagh Coar the facilities are so explained to the gentleman on the phone that neither inadequate. I have written a speech, so I will read it the nets nor the goalposts belonged to us and that they out. (Mrs Hannan: Please.) were a good way of keeping us out of mischief. The I have lived in Anagh Coar for about 10 years; only way I could describe the gentleman’s attitude was before that, I lived in Pulrose. As I have grown up in arrogant and rude. He basically told us he never cared 45 less and we were not having them back as we did not One of my projects at the moment is forming a ask permission to put them up. Various people tried to permanent youth committee in Anagh Coar. I hope to get them back, including the police, residents and the get local businesses involved, the police, Douglas local shop manager, but to no avail. Trouble started Corporation and a few residents, because having heard again. By this time, I was determined to make my colleague’s experience with the western project, I something happen and spoke to PC Paul Brian at feel that this type of committee would be of great Pulrose police station about forming a meeting with benefit to everyone in Anagh Coar, and also the thè kids to sort out a strategy. He said it was a good teenagers and children have a chance to get their idea and to form a temporary youth committee because voices and opinions heard. Here I would like to thank a public meeting was coming up about behaviour. The Pulrose police, especially Rosie Joyce, Paul Brian, Ian meeting was attended by Pulrose police, Inspector McDonald and Inspector Young, for their dedication Young, Betty Quirk and Michael Dooley from Douglas and advice. If it was not for them, none of the Corporation, David Cretney MHK, residents and all advances in Anagh Coar would have happened. the teenagers involved. I was asked if I would be the Thanks to the headmaster at Kewaigue Primary School spokesperson for the teenagers in the meeting, which I for the loan of the net, and thanks to Michael Dooley did. During the meeting, the goalposts issue was for campaigning for the goalposts in Anagh Coar. raised, and a council representatives said that this was These thanks do not just come from me but from all outside their control. However, Michael Dooley said the teenagers in Anagh Coar. he would try his very best to get us a proper set of goalposts on the link, which got erected about six Mrs Hannan: That was wonderful. Thank you for months later. Thanks to Michael Dooley, who is of your story. The thing is: did Kewaigue get their great benefit to us and actually cared, from this goalposts back? (Laughter) meeting a lot of positive points came out of it. The teenagers actually found out what people thought of M r T aylor: They haven’t actually, and we are them at that moment in time, which was that they were still talking to the corporation about that. We are trying troublemakers, so everyone tried their very best to to sweet-talk them at the moment. prove them wrong, which they did. Also, we got the goalposts we wanted. Mrs Hannan: Well, that is amazing. Shortly after the meeting, I was lucky enough to get invited to a police seminar at the Villa Marina M r Taylor: But to be honest with you, we get no about young people and crime. Here I spoke to help from Douglas Corporation whatsoever. I was Inspector Young about Anagh Coar and praised the always under the impression that if you were to put work of his police officers in Pulrose. He told me that, anything on corporation land, as long as you do not dig in a different part of the Island, residents in this certain a hole to put it in, then you do not need to ask area were sick of young people hanging around a bus permission. shelter. The action he helped take was to get a bus shelter erected somewhere else in the area where the M rs H annan: But it had been there for quite a children could hang out without bothering anyone. He while - said this was a great success. This example just goes to show that a simple answer is the cure to a big problem M r Taylor; Yes, it had been there, and even the as long as teenagers have an input During the seminar, corporation said that the kids were getting silly Inspector Young arid I had a lengthy conversation because of their behaviour. So, basically the boys about the Buzz Buss. He asked me to see if the never wanted to bother the corporation - and that is the teenagers were interested; if they were, he would try main thing - because basically they would have been and arrange for it to come up to Anagh Coar. The wasting their time, so they thought they would go teenagers were interested and delighted about the offer. about it and gets the nets, originally by nicking them, In fact, one of the boys with the most influence in the but then legitimately getting them, but the corporation group asked me to thank the inspector, which I did. never saw that point of view of it. The Buzz Buss started to attend on a Thursday evening, and it was attended by all of the boys who M rs H annan: No. What is provided for girls in were branded troublemakers, and to this day it still Anagh Coar? Do they play football? attends Anagh Coar every Thursday. When the Buzz Buss is in Anagh Coar, I work on it, so I still have an M r Taylor: To be honest with you, it is not really influence on the Anagh Coar teenagers and always the girls who ask for anything. The girls are fairly laid know what they are up to. At the moment, the boys back; they go down town or they stay in the house or would like a five-a-side Astroturf pitch with go around to each other’s houses. It is only the boys, floodlighting as where they play football now is rather mainly. tatty looking because the goalposts are permanent, causing the grass to be worn. That is all they ask for; if Mrs Hannan: Yes. Bill? it keeps them out of trouble, then let them have it. 46 Mr Henderson: That was an excellent M r Cretney: Well, that is something that is often presentation. It was quite enlightening for us to listen brought up with me: they would like those kinds of to a young person’s point of view and give it straight facilities as well as the. . . But again - as it is, which is what we are after, and it is excellent for the committee to hear it. Did the corporation not M rs H annan: Well, what happened in Peel, Paul even make an offer to you to say; 'Oh yes, you can will . . , Maybe we should talk to Tony Paxton, who crack on as long as you do not dig a hole* ? was involved in the BMX. He got various people together, and it did not actually cost that much, 1 M r T aylor: No, we did ask them and we even believe, to put it together. He had planning permission, explained that we were rotating the nets because we but maybe we could talk to him, because I think it were thinking of the residents and what they think of would be very useful how that came about. Don’t you the area, and they were not very helpful at all. think that would be helpful, Paul? (Mr Henderson: Right.) We have asked them for facilities, but one of the boys got told he was living in Mr Young: Yes. The amount of work and a dream world. dedication Tony has put in has been amazing. He seems to call in favours from different people, and he M r Henderson: Well, that seems - gets it all done - he gets the Astroturf. Mrs Ha an an: Welcome to the dream world. Mrs Hannan: We have not got the Astroturf yet. (Laughter) Mr Young: No, I should not have said the M r Henderson: Well, we are here to try and put Astroturf. No, we have not got that yet. (Laughter) views forward and make some recommendations, so everything you have said this morning has been Mrs Hannan: But isn’t that a problem that recorded for our special report, and it is some very Michael was raising with moving the football posts, valuable evidence that you have supplied us with. I because it does g et. . . I think the photos that you - have not got any questions, really because you have made your points to us so clearly, but could we have a M r Young: Yes, the photos actually show that copy of your speech for the committee? there are bald patches by the goal mouth - M r Taylor: Yes. No problem, M rs Hannan: Yes, the one on here. Mr Henderson: We can put that in with our M r Young: - but on Astroturf you can play all evidence, and I think it is something that we can refer year round and it is not going to get damaged. back to, because you had a lot to say, and we cannot remember everything, so that would be very good if M rs H annan: Yes, and unless you fence it off, it you could do that for us. It would be great is never going to recover, is it, if it is just grass? So the idea of moving it round, Michael, was very good. Mrs Hannan: That is wonderful. Thank you. David? M r Cretney: It is back to the exact purpose for which this committee was set up. Anagh Coar and the M r Cretney: Obviously, I work with Michael and adjacent estates have developed over the past 25 years Pulrose youth club members on the committee, so I and they have been without facilities at all of any know Michael well, and I would like to congratulate nature. There was a play area, and unfortunately older him on his presentation this morning. The other thing kids did abuse that a little bit, as happens and as has that I wonder about is: if we are talking specifically been demonstrated elsewhere, but this just means they about Anagh Coar here, were you taking the initiative need to have adequate provision for the older kids as to try and get the football nets up? Unfortunately, one well. of the things that has happened recently is that the kids do want skateboarding and places to go on their bikes M r Taylor: In the meeting at the school, it was as well (M r T aylor: Yes.) and they have actually raised as well that the teenagers used the park, but taken the initiative there and started to dig up a bit of somebody from the council said that the teenagers the ground. were not to use the park because it was not designed for them. So, really, the corporation is not providing M r Taylor: They have started digging it up, have anything for teenagers in the area. they? Where they want it to go is where the former BMX track by the pub was. That is near the shop car Mrs Hannan: So what age is the park for? park and that has grown back, really. (Mr Cretney: Yes.) So, that is all they are trying to do, but that is one M r T a y lo r: I think the park is basically for of the things. primary school years - and not only that, but because the corporation has not provided anything for the 47 teenagers, the teenagers have not gone out and M rs H annan: So, when you do speak to them, vandalised it in spite; they have left it, and if you look you do get - at the park now compared to other areas, it has done teenagers in Anagh Coar proud. And the kids as well M r Taylor: Yes, we do get a response, but as far treat it with respect. I think if you give them something as providing anything goes, we do not really get much. that they want, they will treat it with respect. Mrs Hannan: Anything else? M rs Hannan: So would the older children in the area go to a park in another area of the Isle of Man Mr Henderson: No, that is fine, thanks very maybe? Would they look at maybe a park at, say, much. Noble’s Park or Onchan or somewhere like that? Would they look at it and say, ‘That is a good park. M rs H annan: That is wonderful, thank you. I am We will go there’? so pleased you were able to come to the select committee this morning. Thank you so much. M r T aylor: To be honest with you, I think the reason why they use the park is because it is in their M r Young: In terms of population, I think it is area. They do not have far to travel, and it is a meeting probably one of the least well catered for in terms of place for them as well. playground provision on the Island. Michael told me the other day of different communities, village M rs Hannan: Right So they would tend not to go communities, who are well catered for, Pulrose to another park? reasonably so, but Anagh Coar in a sense seems to be a backwater. It is n o t. . . M r Taylor: No, they do not usually go to other places. M r Taylor: Yes. M rs H annan: So they would have no experience M rs Hannan: You are not in overall charge of the of (Mr Taylor: No.) maybe Noble’s Park now it has youth facilities, Paul, but are there any plans in the been refurbished or anywhere like that? future to develop youth facilities, not just play areas? I just wondered - Mr Young: I think getting there makes it such a hassle, doesn’t it? M r Young: No, we have never been able to get a foothold in Anagh Coar. Initially, Scoill Vallajeelt had M r Taylor: Yes, Not only that, the boys who are certain wayleaves on, certain conditions; it could not classed as the troublemakers are fairly sporty boys, and actually be used outside school hours. it is sporting activity they want, like cycling or football. It is those types of activities they want; they M r Cretney: It was by the developer, until the do not really . . . A few of them want a skate park, but houses were sold, or the deeds. When people it is, fairly physical stuff they like doing. purchased their properties, Anagh Coar School could (Mrs Hannan: Right) Mike Vipond down at Douglas not be used out of hours until all the houses were sold. Corporation and the golf course, was sick of chasing the kids off the golf course without paying - and not Mrs Hannan: Scoill Vallajeelt only that, there is also the risk of them getting hit by a ball when they are on there - so he developed a £5: M r Cretney: I am sorry, Scoill Vallajeelt you pay £5 and that lasts for the whole golfing season. But they have got to go down to Pulrose and do the Mrs Hannan: Are they all sold now? whole golf course, or they can jump off at Anagh Coar if they want, but as long as they know. I was speaking M r Young: No, I think there is a catch there, isn’t to Lynda Ramsay, and she said that has been a success. there? (M rs H annan: Oh right.) And not only that, they do not vandalise it when they are getting chased off it M r Cretney: No, there is still development. either. Mr Young: They will keep one house empty just M rs H annan: Right When you say you have so they can actually . . . The only youth provision we been speaking to these, you said you were not getting provide for Anagh Coar is the bus, the western bus, on any help from Douglas Corporation, but you have had a Saturday evening, isn’t it? No, Thursday. help from certain councillors. Mrs Hannan: Thursday. M r Taylor: Yes, that was from Mike Vipond. I spoke to Lynda Ramsay last summer, and she said to M r Taylor: Thursday. Yes. spread the word to the kids. Basically, it was really just those two and Michael Dooley. 48 M rs H annan: So what do young people do on a Friday and a Saturday, then, which tend to be nights when young people tend to go out? Do they just congregate locally? Mr Taylor: In Anagh Coar? (Mrs Hannan: Yes.) On a Friday and Saturday, they usually go down town. Mrs Hannan: They do? (Mr Taylor: Yes.) And what is the bus service like? Is that quite good? Mr Taylor: Yes. They must leave Anagh Coar about six, and they will get the last bus home or they will get taxis home or stay at friends’ houses, but the bus service is pretty good up in Anagh Coar. Mr Cretney: Good for you, Michael; you have said the right thing. (Laughter) M r Taylor: A bit expensive, like. (Laughter) M rs H annan: Is there anything else that we have not asked you that you would like to raise with us, Paul? Michael? (Mr Taylor: No.) No. Right. Thank you ever so much. M r Young: Thank you very much for your time. 49 Published by the Office of the Clerk of Tynwald, Legislative Buildings, Bucks Road, Douglas, Isle of Man. Printed by The Copy Shop Ltd., 48 Bucks Road, Douglas, Isle of Man. REPORT OF PROCEEDINGS OF THE SELECT COMMITTEE OF TYNWALD ON PLAYGROUND FACILITIES FOR CHILDREN Held in the Millennium Conference Room, Legislative Buildings, Douglas, on Tuesday, 1st October 2002 at 10.00 a.m. Members Present: Mrs H Hannan MHK (Chairman) Hon. D C Cretney MHK Mr R W Henderson MHK With Mr P Lo Bao (Clerk) Oral evidence was taken from: Mr M I McCauley, Director of Planning Hon. P Crowe MHK, Minister for Local Government and the Environment Councillor Mrs L Ramsay, Vice-Chair of the Leisure Services Committee and Mr K Bott, Superintendant of Public Gardens, Douglas Corporation Mr B Rae, Chairman Arbory Parish Commissioners Mr C S Le win, Clerk to Braddan Commissioners Mr J Brown, Clerk to Castletown Commissioners Mr R Ellison, Health and Safety Inspectorate Evidence of Mr M I McCauley in the development process is that a condition will be attached to the planning permission that says that the Mrs Hannan: Good morning, everyone. Could I land should be transferred to the local authority, and welcome you to the Select Committee of Tynwald on that is what happens. So, for example, in most of the Playground Facilities for Children. At the May sitting developments that you see around the Island, the land of Tynwald Court, it was resolved that a select will have been transferred to the local authority at committee should be established to investigate the some stage, and why there was a particular agreement extent of provision for children’s playground facilities with the development at Groudle, I am not really sure. across the Island and to examine what might be done There are various conjectures as to why an agreement to further improve this provision. The committee was entered into or required, but, in fact, it is following elected were three members of Tynwald: on my right, the same process again, because I happen to know that Mr Henderson, who is the member for Douglas North, Onchan Commissioners will be adopting the open and on my left, David Cretney, the member for space provision within that scheme. So that is how it Douglas South, and I am Hazel Hannan, member for operates at the moment. Peel. We have, in the interim, gathered evidence from In the future, we will have standards. We have various people - members of the public and members included policies for the provision of open space and of authorities, including members’ provision from the protection of existing open space within the draft government departments as well - and this morning we strategic plan, which has been out to public are taking oral evidence. It is my pleasure to welcome consultation, and, in addition, we have actually got Mr Ian McCauley, the Director of Planning, from the specific standards attached, as one of the annex LI of Department of Local Government and the the appendices to the strategic plan, identifying the Environment, to talk to us about the provisions of range of open space provision that we would be planning and the legislation in relation to providing looking for in terms of children’s play provision, these sorts of facilities within areas, and maybe ! could general amenity space and formal provision in terms ask Mr McCauley if he would like to address us prior of, on larger developments, the requirement for to us asking questions. playing-fields and things like that. Within children’s provision, we are looking at a hierarchy of provision, Mr McCauley: Certainly. Thank you, Madam where we would start off with local area play facilities, Chairman. The arrangements at the moment, in terms which are very much a small space that children can of the provision of children’s play facilities, are use. This is mainly for toddlers within sight and incorporated within general open space provision. At location of the house, working up to slightly larger, the moment the department does not have any specific local, equipped areas for play provision, which will standards for provision, but it takes into account have a range of equipment on them, and then up to existing provision in the area, the size and scale of the neighbourhood provision as well, which is basically proposed development and the nature and location of for the older children, and it is in those sorts of areas the site itself. What happens then is that, having that one would envisage special provision being made identified the need for play provision within a new for teenagers in terms of skateboards and things like housing scheme, then that is part of the overall that. negotiations that take place for the detailed design of Also, in terms of the way that the system operates the scheme. So it is making sure that it fits in well with at the moment, the planning committee obviously does existing development, that it is located in such a way comment on applications as they are going through, that it does not cause problems to existing and new and I think I would use as one example a discussion residents, and that it is located in a safe location, taking that took place recently with Malew Commissioners, into account the provision of roads within the who were proposing a play area at Ballasalla, where development. there were representations from adjacent neighbours I was specifically asked to comment on securing about the potential for noise and conflict with homes. open space provision through section 18 agreements The planning committee, although they were minded under the 1991 Town and Country Planning Act. In to approve the scheme, subsequently had a discussion fact, there have not been that many agreements entered with the commissioners specifically around this issue into under that provision at all, but there has been only to look at the ways in which they would manage that one in terms of open space provision, and that was in play provision to ensure that it did not cause problems respect of land at Whitebridge Road and Groudle Road for local residents. at Onchan, which most people know as the Heritage I think that probably summarises the situation as it Homes development at the moment. Talking to is at the moment and also, hopefully, as it will be in the colleagues in the office as to why the agreement has future when the standards that are laid out in the not been used or why agreements have not been used strategic plan are adopted and then we can bring them to a large extent it is, of course, because the current into force. For the time being, officers are using them arrangements are that local authorities are empowered as a basis for negotiation, although they do not have to adopt public open space, and what tends to happen the full standing of approved policy yet. 1 Mrs Hannan: All right. Thank you. You said where the local authorities are doing a very good job in about section 18 that there has only been one, but why terms of maintaining it and making provision and, as have the legislation if it is not going to be used? You necessary, changing that provision as the needs of the said that it could be placed on conditions, but surely neighbourhood change, which clearly a developer the nature of section 18 is that there would be a would not do. A developer would provide the open discussion, an agreement, with the developer at the space but would then look to transfer on the future time that the development was taking place, not maintenance to another body, and the local authority is leaving it, as you have suggested, like Malew, where there and has the powers to take on that role and they are trying to bring in a play area once it has responsibility. neighbours. Surely section 18 is actually securing that while it is being developed, instead of coming back to Mrs Hannan: Yes, You have talked about open it later on when the development is much more mature space, but open space is not the same thing as and people are then seeing the problems of children providing play facilities, and the point I was trying to playing next to them. If they were buying a house, they make was that if there is an area that is designated as would know that that was going to be a play area, if it open space, it is not necessarily seen by the people that was under a section 18. are buying properties round about as a play area which specifically attracts children to it. What I am M r McCauley: Sorry if I did not make it clear. suggesting is that if section 18 was used to say, ‘That The condition relates to the provision of open space is where a play area will be and the developer will which is identified on the approved plan. It is not as make a financial contribution to providing . . .’, it is though we are actually saying, ‘Somewhere in there, not all lumped onto either the local authority or the provide some open space.’ There will actually be a Department of Local Government, whoever the plan which will be approved and which will show the development is taking place for. Obviously, it has not location of it, so that people who are looking to buy a been used in the past, and some of the local authorities property can actually come along, look at the approved have told us that, in some instances, they have not been plan and say, ‘Ah, my house will overlook that open involved in the development of an estate and therefore space’ or ‘My house will be round the comer and will have not been involved in the provision of play areas. not overlook it.’ We are not putting off the provision Even recently, 1 think it was Kirk Michael of the open space, but what we are saying is that Commissioners have said that. section 18 is there for all sorts of different reasons. It is there where it is decided that there needs to be an M r McCauley: Certainly, I see no reason at all agreement to bind land for a specific planning purpose. why the local authorities should not be involved in that However, the Local Government (Miscellaneous process. They are consulted on applications. With most Provisions) Act actually enables local authorities either applications, by the time an application is submitted, to acquire open space themselves or to accept the an area will be identified for. public open space. If they transfer of open space, and that actually secures the have got concerns about it or would like to see it land in public use as public open space and it is modified in some way, then they can bring it up in transferred to the local authority. A section 18 response to the application. Certainly, most of the agreement can cover a wide range of things. In this planning officers do talk to the commissioners on a particular case, all it is actually covering is the transfer regular basis about developments, and I would have of that land to the local authority. In my view, it is a bit thought any scheme which is big enough to have a ‘belt and braces’ over thè provisions that we have had. requirement to provide some open space would be the Now, it may well be in the past that there .have been sort of scheme where the commissioners would want some difficulties, and it may well have been in that to make comments, and certainly I can make sure in particular case that at the time the decision was made it future that, if we do get comments about it, we do go was felt that, possibly because it was a very large area back and talk to the commissioners about it. of open space, that was a more appropriate way of In terms of the developers paying for the provision dealing with it, but I do not think there is a lack of of play equipment, my understanding is that in certain provision or a lack of facilities to enable us to ensure cases they have. The other concern that comes up - and that open space is provided and that when it is I do not know specific examples of it, but it was provided it is transferred to the local authority. I do mentioned to me yesterday when I was talking to understand that there have been differences of opinion various people about this - was that there has been a from time to time, certainly with some of the smaller reluctance by developers to actually provide the local authorities, where they feel that they basically are equipment themselves because of a liability issue. It not able to actually manage and look after open space. would appear that most of them are more prepared to My understanding is that in most of the cases this has agree what the sum is and transfer the sum, and then been resolved, but you have got far more experience the local authority takes on the provision of the play on the Island than I have and you will probably be able equipment, so that we do not get into a situation where, to cite cases where space has not been adopted. I know say, a developer gets a subcontractor to install some good examples of where space has been adopted, equipment, the local authority thinks it looks all right, 2 accepts it and then finds there is a problem. You have M r McCauley: Right, in which case, if there is no then got an argument between the local authority, the agreement to transfer it to the local authority, then developer and the subcontractor, and that can lead to section 18 would be a way of making sure that it was, all sorts of problems. The new policy will require the but my understanding is that, in the majority of cases, provision of equipped play areas to meet the standards, there has been a successful transfer, and I would see and therefore we will be looking to developers to section 18 in that particular case really as being ‘belt actually provide them. I cannot comment on what the and braces’. practice has been in the past, other than to say that, in certain circumstances, play equipment has been M rs Hannan: Thank you. Mr Henderson. provided and, in other circumstances, it has not, Mr Henderson: Thank you. You mentioned Mrs Hannan: Could I just ask you about a section certain standards that would be worked on at the 18? If a section 18 is agreed, is that part of the minute for the Island’s strategic plan and so on in planning application or is it slightly removed from the relation to open spaces and playgrounds, and planning application? What I am thinking about is that ultimately they will become part of the Planning Act. I any condition that is laid down can be reversed by was wondering if it is possible to furnish some copies another planning application. So, would a section 18 of those draft standards for the committee? be an agreement which is slightly outside the planning process, or would a developer be able to come back M r McCauley: It is no problem at all. and successfully reverse that section 18? Mr Henderson: If you could do that for us, I Mr McCauley: No, by the nature of it, it is an would be grateful. With regard to the section 18 agreement between both parties, and the important bit agreement - just for my own clarification - a condition about it is that it relates to the owner of the land, not of planning for an open space is something completely necessarily to the developer. It relates to the owner of different, whereas a section 18 is a legal undertaking the land and then their successors in title. It is a - between two parties that actually sign some sort of abstract or title deed to transfer the ownership rights to Mrs Hannan: So who owns an estate, then, once that particular parcel of land over. It is a legal and developers developing i t . . . Who owns.the - binding thing rather than a planning condition. M r McCauley: Well, it becomes a charge on the Mr McCauley: It is, yes. If I did not explain it land, and it would be a very strange person who would before, section 18 can encompass all sorts of different agree to buy a piece of land that has got that sort of things. Examples of ones that we have entered into charge on it. As I say, using the example I have have been: to secure the demolition of a house where a quoted, it was very clear in that agreement that the replacement house has been agreed; to secure the use agreement was entered into on the basis that the land of a property; and, in the particular case I have referred would be transferred to the local commissioners. That to, actually the transfer of public open space to the was the basis of the agreement: it would be used as local authority and putting restrictions on the use of open space; it would be transferred to the that space. The background to section 18 is that there commissioners. It said no more than that. And as I say, are cases where it is not possible to grant planning that is why - permission until some additional requirement can be met and it is not possible to cover it by a planning Mrs Hannan: Is that part of the condition of condition or where there is no appropriate arrangement planning or is that - whereby something can actually be carried out. So, whereas there is a provision and a practice on the M r McCauley: No, that was what the agreement Island to transfer open space on housing estates to said. There was a condition . . . I have to be careful in local authorities, for example if we were seeking a my choice of words because I have not actually commuted payment towards car parking provision or checked the planning, permission for that particular the car parking provision was going to be made off- one. I was focussing on the section 18 agreement. In site, which was not part of the planning application, we the majority of other cases, there is a condition that is could not put a condition on that says ‘Provide 10 car attached that says that the land will be transferred to parking spaces a quarter of a mile away.’ However, the local authority. I can see the point that you are you can have a legal agreement, and the planning making that a condition is challengeable or you can put permission is only granted on the basis of that legal a new application in. I think in practice that tends not agreement. So, you have a legal agreement that says, to happen. ‘We will provide the parking spaces’, and you then grant the planning permission in the knowledge that Mrs Hannan: I assure you it does. those parking spaces are covered by that legal agreement. It started off, in many cases, for the provision of off-site highway works, where again they 3 were not part of the site; they were some distance M r McCauley: I think it has tended not to be; it away. Financial contributions were involved, and it is has tended to be a discussion between the local not appropriate to secure financial contributions authority and the developer. Whether or not we should through planning conditions. So, you would have a do is a different matter. Certainly, in terms of adoption, condition that says, ‘This planning permission is I would suggest that the best way to secure early granted on the basis that the road improvement works adoption is to have early discussion. Now, I can will be carried out there. They will cost £10,000, - or appreciate that there have been examples in the past £500,000, whatever it is - ‘Planning permission is where the local authority may have been vehemently granted subject to a legal agreement that you will objecting to a proposal, and therefore it may be actually carry out those works.’ difficult for them to then start negotiating over the provision of open space where they have just been M r Henderson: Right, okay. Thank you for that. having a sustained argument that there should not be With regard to transferring open spaces to local any development there in the first place. That may be a authorities for adoption, whether it is a section 18 difficulty; I do not know. But, in general terms, I agreement or not or something that the developers would suggest that the earlier the discussions take have informally struck up with the local authority - do place, the better, and the local authorities and the you think there is any room for manoeuvre in such developers need to be clear as to exactly what is being agreements? In some instances, the adoption process provided and when it is being provided and to secure seems to me to have been long and protracted, whereas that adoption at the earliest opportunity. if a tighter set of criteria were adhered to, if an adoption process was the way forward for an open M r Henderson: Right. And will we see that kind piece of ground, it could be progressed quicker. In one of thing set out in the standards, that - scenario, although that was the intention of the developer when the estate was finished, there was still M r McCauley: It is not set out in the standards as really no adoption of open space or playground they are there at the moment. The standards still relate facilities put in. I am just wondering if you have come to what the provision should be, rather than how it across anything in that particular scenario where the should be secured. I am not sure when the select adoption process could be improved so that things committee is intending on reporting back, but the went more smoothly and that when the estate came on- strategic plan still has to go through the public inquiry stream for people to move in and so on the actual stage before it is formally adopted, so I would think adoption process could kick in sooner rather than later. there is an opportunity for the department to consider any suggestions as a result of your enquiries and look Mr McCauley: There are a number of different at how they might be incorporated into the strategic ways in which it can be done; through planning plan. condition, you can require that certain provision is made in a phased manner. So, for example, if it was an M r H enderson: Right. Okay. Thank you very estate of 200 houses, you might say that one bit of much. open space should be provided by the time that the first 30 houses have been completed. If there is a particular Mrs Hannan; David. concern, then you may wish to say that the open space is provided before any of the houses are occupied, but M r Cretney: Yes, thank you. I was wondering, in as the provision of the open space is for that housing your discussions and negotiations with developers, estate anyway, it tends to follow that it is required whether there was a consistent approach from when people occupy it and not beforehand. So, to developers now, or was it as it used to be: that some provide a large area of open space before it is actually developers were quite proactive in terms of putting in required by the occupants of the houses could be play areas, formal or otherwise, and some developers considered to be onerous in terms of a planning just wished to develop over every square inch? Have condition. But yes, I think there are a range of ways in things improved in that regard? which it could be done. It can be done through that phasing, as I have said. I am trying to think of other M r McCauley: I think we have still got a mix. I ways, but it would mainly be through phasing and the think most recognise that they will be required to actual way in which the scheme is progressing. provide open space. Most are reluctant to provide it and quite often argue that they need to be responding Mr Henderson: How would you see the open to the need for more houses and therefore we should be space being managed in that sense, if it was still in the providing space for the houses rather than the open developer's hands but classified as open space and it space. We still get the situation where developers will was falling into disrepair or an overgrown state? How refer to the fact that there is a very nice recreation does the department or the planning section take care ground next door or over the road or whatever. At the of things like that - if it is, indeed, under the remit of moment it is a negotiation and it does take into account your section? those factors, so, yes, if there is a good, well-equipped 4 play area very close to a development or over the road Mr Henderson: Director, just before we finish from a development, • then we may reduce the with your questions, there is one I have got to ask, and requirements in those particular circumstances, but I that is: from your personal point of view - I am not think the answer to your question is that there are some asking you to represent the department line, but in good and there are some bad. I think they all now professional observations and so on, or even if there recognise that they are required to, and it is a question are departmental observations - is there anything that of. whether or not they enter into the spirit of it or you would like to say or point out to the committee whether or not they come to it reluctantly. that we should be looking at? Have you or your colleagues identified any problem areas within our M r Cretney: Thank you. And in terms of play remit that we should be aware of or something that we areas, formal or otherwise, in terms of the standards should put in our report? Would you like to make us you are talking about, are there going to be a certain aware of something your own section is looking at just number of properties which will go on a development so that the committee is aware of that also, or is there and which then would require an informal area and anything that you think needs changing in general? then a certain number of properties which would require a formal area? Is that how it is going to be? M r McCauley: No, I think from the tenor of the questions this morning that it will probably be the Mr McCauley: It does. It is a hierarchical other way around; you will probably be making more approach whereby, depending on the scale of suggestions to me. 1 certainly accept the comment that development, the provision would actually be that it you have made about equipped play areas. I know relates to the number of bedrooms in a property. And some good examples around the Island where then we look at a development, say, of 20 houses, the provision has been made, but I do understand that in provision of children’s play space, formal open space, the past there have been a number of areas where it has an amenity" 'spice mZT fiien, on a larger development, not been, and it may well be, as you have cited obviousl^¿^^S j8^¡S9^Sion of play space and formal yourself today, the case at the moment that open sp áa B ^ ra^ ^ ^ rtl'iü ’p that way. But it is related development is taking place that has not got it. My to that, and tfie ^ to y ' is that it will actually be applied view would be that once we have the policies in place, to developments or-more dwellings. then we do have a strong policy framework for , ■' . requiring them from developers. Certainly, I look Mr Cretney; So, in the future, a development forward to any comments that you make about the such as the Springfield Harcroft development, which process itself, I think the standards are good standards consists of quiteña number of first-time buyer that we can work to. People will say they are onerous, properties, may have a requirement to have some play but I think we will need to take a practical view about area in it if that were to be started from scratch. It has them in certain locations, certainly in existing urban not at the moment. It has got some informal green areas. I think it would probably be quite difficult to space but no foftiia] play area at all, despite the fact reach those standards on new developments, say, that, by its natoe. is. going to have families there. within Douglas; it is a lot easier to reach those / ' V * standards when you are looking at more suburban M r McCauley: Yes, that would be a requirement development. through adopting those policies when they are adopted I have not personally had much experience to date policies. of the exact arrangements for the adoption, but I can gather from the gist of the questioning that you have M r Cretney: Thank you. got concerns about how that actually happens and certainly, from our point of view, dealing with Mrs Hannan: Thank you. The development, planning applications, we would want to see the though, that was commented on by Mr Cretney is a provision of children’s play facilities phased in on Department of Local Government development - or in major developments. It does not make sense to leave conjunction with - so is the provision for play area that provision until the end of the day, not least there or does the developer have to come back or the because if it is on a major development, then a major department have to come back with another part of the site will actually be a construction site, and application for a play area? if there is no play provision, then children, being children, will end up playing on the building site, M r McCauley: I will defer to Mr Cretney on it, as which nobody would like. So, I think it is right that we he obviously knows it very well. My understanding do, through the planning process, look to secure play was that there was supposed to be some provision, but provision at the appropriate stage to the appropriate it may well be - as you say - that it is an informal one standard, and I am pleased that the local authorities on rather than an equipped one. I cannot offer a view on the Island take that responsibility on. I know there why that was not provided at the tíme. have been difficulties in the past, but generally it is now accepted and taken on because they then have a Mrs Hannan: Mr Henderson. longer-term interest in the management of it. Whether 5 or not we need to make better provision through the plans we make provision for additional open space to adoption process or better provision in terms of the meet the needs of existing residents in areas where, for actual long-term maintenance of it is something that one reason or another, adequate provision was not we can look at, but 1 know there has been a debate made. That is where we can work with the local backwards and forwards about the fact that, at the end . authorities or with the Department of Tourism and of the day, local authorities do get the rate income Leisure to actually extend that provision. from the houses that are actually provided, and therefore it is part of the service that is provided to Mrs Hannan: That is a point I was going to ask those ratepayers. you about: do you provide guidance for local authorities? You have suggested that some local M r Henderson: Thank you. authorities do not necessarily support a development 100 per cent and therefore that leaves them feeling that Mrs Hannan: Mr Cretney has a question. they cannot then discuss with the developer what they actually need. With the changes in the legislation - M r Cretney: There is just one little one that I had section 18, coming into section 13 - when the new forgotten about. In the past, one of the concerns from legislation is introduced, that will also impinge on some local authorities was that developers would what local authorities can do or can ask for. provide certain ad hoc spaces on the development, which perhaps were difficult for them to develop and M r McCauley: We keep coming back to the use then, caused ongoing problems for the local authority. of section 18 - In the standards which .you are going to prepare, will there be a set-out minimum space requirement and Mrs Hannan: It will be section 13 when the Act those kinds of things? changes. M r McCauley: There will be a minimum space M r McCauley: Yes, but as I say, in my view, if requirement. One of the problems you get is that it the transfer to the local authority works properly, then could well be that on a small estate it is actually quite a there should not really be a requirement to enter into small requirement, and therefore there is always the legal agreements. Legal agreements quite often slow danger that it may end up in the wrong place, and it is up the process as well, because they do take time, but I a matter that you have to look at when you get an do appreciate that you will be commenting on past application. Certainly, my comment to developers at problems with adoption, and it may well be that as a the moment is, ‘Do not give us two or three small result of that you may be making recommendations on spaces dotted around the estate.’ They just become how things actually happen. I am actually trying to problems, and residents get upset about children draw a distinction between where a planning playing on. them. It is. much better to try and get them application comes in and there will be a requirement in together into a reasonable sized space and for people to new developments to provide open space to meet the know about it up front and realise that if they are needs of the residents of that development, and the buying a house next to a play area, then they are second part, which is when we are preparing area buying a house next to a play area. So, we would plans, where, in discussion with the commissioners always look to try and avoid, ‘Oh, that is a difficult and the Department of Tourism and Leisure, we may building plot; that will be the open space’ and certainly identify an existing deficiency. we say that to developers at the moment. ^ By the area plan process, we can start to identify There is one thing that I have not mentioned - we larger areas of land which can be used to make good tended to focus on new development: clearly, through existing deficiencies, and it then depends on whether the area plan process, we can work, and do work, with or not the local authority or Department of Tourism both the commissioners and the Department of and Leisure then becomes the agent for securing that to Tourism and Leisure on existing facilities, and we are take it forward or, in some cases, if it was a at the moment in discussions about securing the particularly large development, then I could see a provision of additional playing-field provision in the situation arising where we would be identifying a Douglas area, so that is taken on board as well. I think larger area of land which, through a development brief what I will probably do, rather than just giving you the for a large residential allocation, may actually also be annex, is give you the chapter on open space - in fact, contributing towards an existing deficiency in the area. the easiest thing to do is probably to just send you a The example that is always given to me, again, is back copy of the strategic plan. It is chapter 9. You can go to the Groudle one. The Groudle one probably through that and you will see there that we start from provides more open space than our standard would the premise of protecting existing provision - that is require, but it is being provided almost as an extension important - securing proper provision in new to Groudle Glen and it is not the sort of open space that development as it takes place and then working with you would normally see associated with a development the appropriate authorities, where we can identify a because of that relationship with the glen and the fact deficiency, to actually ensure that in new development that it is quite steep. Lots of it will be very difficult to 6 use, other than for casual recreation and just walking M r Henderson: No, thank you. around. M r Cretney: No, thank you. Mrs Hannan: You mentioned the change of policies and the draft strategic plan which needs to go Mrs Hannan: Thank you, Mr McCauley, for to a public inquiry. Will local authorities and the attending this morning. If you have got notes of the planning section of the Department of Local areas that you have covered today, we would be Government and the Environment have to wait for a delighted to receive them. change of policy before securing future play areas? M r McCauley: Right. Certainly I will tidy up the M r McCauley: No. If we got into a disagreement notes. with somebody, the status of the policy itself, the status as a policy, would actually only arise as and Mrs Hannan: Obviously we are recording but we when there was actually an appeal against a refusal of have not received a letter from you. We have been planning permission. So, at the moment we are in a waiting, and - situation where we have got the standards and we are working with developers to move towards those but M r McCauley: Yes, I do apologise about that. I they are not yet formally adopted, so they have less did realise that. I have the letter that Mr Lo Bao was weight if we get into an appeal situation. looking for in terms of a particular one, but of course I have done some notes and I will get those typed up and M rs Hannan: What would happen in an area if a sent through to you, along with the copies of the developer wanted to build just nine houses? You have strategic plan. mentioned 10 houses; you have mentioned also the number of bedrooms. It could be that they would build Mrs Hannan: Thank you. somewhere that is very small but fit nine houses into a particular area. Mr McCauley: Yes. The department took a view Evidence of Mrs Crowe at the time that it would only apply that to 10 houses or more. Certainly, yes, I am not necessarily sure that a Mrs Hannan: Moghrey mie, Mrs Crowe. developer would want to put nine houses on just to get around that; it would probably be more to do with the Mrs Crowe: Good morning to you all. value of the houses on larger plots and other factors as well. But certainly, yes, if you do set a standard, then Mrs Hannan: Mrs Crowe, the Minister for Local somebody who is below that standard does not make a Government and the Environment. I think you were contribution. here when I introduced the remit of the Select Committee of Tynwald on Playground Facilities for Mrs Hannan: Just one final question. You Children and, of course, you know who is on the mentioned that there was a dearth of playing-fields in committee: Mr Henderson, member for Douglas North, Douglas. Is it only Douglas that has a dearth of Mr Cretney, member for Douglas South and myself, playing-fields? the member for Peel, Hazel Hannan. Maybe we could start off, Mrs Crowe, by looking M r McCauley: It is probably not. It is the one at the policy with regard to playgrounds. During the that we are doing some specific work on with the debate in Tynwald in May, you suggested that there Department of Tourism and Leisure at the moment, was a grant of 25 per cent from the Department of because the leisure and recreation strategy identifies Local Government and the Environment. I wonder if that as a particular one, and that is a project that is you could tell us how many times that has been being taken forward by the Department of Tourism and granted? Leisure. Discussions take place with commissioners, through the area plan process, and I think that probably Mrs Crowe: Right. The department does provide as a result of the work that we will end up doing in financial assistance to all local authorities in the Douglas, we may get to a situation where we actually provision of community facilities, including do a more formal appraisal of open space through the playgrounds. Local authorities are able to apply for a area plan process and actually look at the wider needs 25 per cent grant towards the cost of installation of of the community and see how they could be met if their new playground equipment and, of course, this there is a deficiency - or if there is a surplus, in some must comply with the latest health and safety cases. guidelines, which you would expect from a department which enforces those guidelines. Regarding local Mrs Hannan: Okay. Do we have any more authority provision, since January 2002 I have received questions? three applications for financial assistance in relation to 7 playgrounds, and these have attracted assistance of authorities who may or may not be aware of the over £25,000 in total from the department. Since this provisions that the department makes, but the first policy was put in place, I am not sure how many thing to do for anyone dealing with local communities, petitions we have had in total, but it has attracted some as we do all the time, with all the local authorities at grant money of over £660,000. I could fumish the various meetings that we have, would be to raise a committee with the actual number and, indeed, the matter like that if they felt that there was any funding actual authorities that have applied in that time, if that available from anywhere for the provision of would be helpful. playgrounds. I was surprised because, of course, I think the person who wrote the letter to you was a M rs Hannan: When was the policy introduced? member of the department previously. M rs Crowe: In 1987. And, of course, we have our Mrs Hannan: With the actual cost - and you own playgrounds in our own estates, on which we mentioned before the health and safety needs within spend £700,000 a year in upkeep. We do make sure playgrounds - do you consider that 25 per cent that our play equipment is, as you could imagine, up to assistance from your department is sufficient? standard, and between 1992 and 2002, in fact, we have spent £143,000 on the provision of new playground M rs Crowe: It may or may not be. The local equipment for our own estates. authorities have to provide, or should provide, community projects, and this is a rate-bome expense M rs Hannan: And do all Department of Local and, as we know rates vary greatly around the Isle of Government estates - Man. I do not know how much Port St Mary would have had to put on their rate had there been no grant Mrs Crowe: Of any size. We have a number of assistance from the department to pay for . . . I think estates, as you can imagine, that are just elderly the actual cost of this playground, from memory, for persons’ complexes, so they do not have them. We the new equipment, is something like £65,000, but you look at the provision of playground equipment in the may have better knowledge than me of that. One of the appropriate areas, so where we feel it appropriate - and provisions of local authorities is to provide these things in most cases, as I have gone through the list, I would in the community, for the health and wellbeing of the say it is in estates of around 30 houses or more - we community, and children’s playgrounds of all types, I provide a variety of play equipment for the children in would think, were very much one of their roles. Of that community. course, we were pleased to be able to assist them in those projects, but whether or not budgetary constraint M rs Hannan: Do you advertise the fact that you - I know that certainly we are over budget at the have this grant assistance available to local authorities? present time - would mean that we can always go on giving those grants, I am not sure. M rs Crowe: In fact, I picked that up because you were asking the planning director about how local Mrs Hannan: Is there an upper limit for the authorities realise about open space and how it can be grant? transferred. We do, actually, and I have just had updated the guidance notes for local authorities, so yes, Mrs Crowe: No, there is not. It is 25 per cent of local authorities are aware of what provisions are the project cost. available from the department. We can actually make sure that the guidance notes include some of the Mrs Hannan: And have any local authorities comments that you made earlier, but I feel certain that been turned down? all local authorities know what grant aid is available from all government departments for the provision of Mrs Crowe: Not to my knowledge. Certainly not play areas, housing or whatever it might be. whilst I have been in the position. Mrs Hannan: It is just that when the committee Mrs Hannan: We asked the Director of Planning was set up, I think it was Port St Mary Commissioners about section 18. Do you have any feelings about who wrote to this committee, asking how they should section 18 and how it should be used? go about getting assistance. I think it was the first letter that we received. We put them in touch with the Mrs Crowe: Well, it is like all things: I do believe Department of Local Government, following your you get far more done by working with people. I think comments in Tynwald, and it seems that they are quite that when planning officers are considering plans for happy now with the response that they have had from an area part of what the planning officer does is look at the department. the provision if it is appropriate. It may well be an area of sheltered housing or little bungalows that is not Mrs Crowe: 1 was just amazed. As in many cases, going to have any children, but if it is community there are always transfers of staff within local housing for families, I think the planning officers 8 always look and see if there is any provision for a play Mrs Hannan: And does that need to provide for a area, either within that development or indeed, in some legal agreement? cases, these developments are built next door to what is a superb play area. So, whichever way, I do think M rs Crowe: Well, I would think that, in statute, that the planning officers are looking at this provision - that is there. One of the functions of local authorities is in fact, I feel sure they are. to keep any open space areas in good and tidy condition et cetera, but here we are talking about land M rs Hannan: So you do not have any feelings that has been owned by a developer and that is deemed about whether section 18 should be used or not? open space being transferred to an authority for their ownership and their attention, and in some cases that M rs Crowe: Well, once again we come into the might not be as welcome as we would assume. legalities of it all. You talk about delaying the process, and there was a comment made about the Springfield Mrs Hannan: And with regard to agreements, Harcroft estate recently. We are addressing that whether it is a planning condition or it is a section 18, problem at the present time - if it was a problem, the do you think that developers should provide play provision of a playground, of a play facility, within equipment along with the area of land? that area. But if you start going down the way of ‘We will enforce section 18’, you are talking about legal Mrs Crowe: No, I do really believe that the agreements, which all take time, months running into provider of the play equipment should be the person the development. What we should be looking at is, a s. who is going to be responsible for it, and I think that if the director commented, that the play areas are not the you impose a condition whereby developers provide last areas of an estate to be developed, which is, I am the equipment and the local authority is then charged afraid, what has happened at Springfield; what we with the maintenance and the care of that equipment, should be looking at is that the playground is that is when problems will start. In my opinion, it developed at an appropriate time in the development of would be preferable to transfer the open space, and if the estate. So, if it is appropriate that 30 family houses need be, if that is the thought of the committee, have gone up, then that is the time that a planning perhaps some funding towards the provision of play condition could be applied to say that the playground equipment. But we must look also at the breadth of this facility has to now be in place before you can proceed play equipment. We need to cater for a great deal of any further. age ranges here. I think that sometimes some of the play equipment we have is far too static and Mrs Hannan: Thank you. But you have no unimaginative, and I think I have seen areas where feelings about section 18? We have legislation, we there is a much more natural looking playground, not have lots of legislation - the traditional red. and blue ironwork swings that we see, but much more, in my opinion, environmentally- Mrs Crowe: Absolutely, but I do - friendly-looking play areas which are rather more adaptable than that. So, 1 think that is another thing M rs Hannan: Do you feel everybody is nice and that we should be looking at: the actual equipment or following all the conditions that the planning in some cases, not necessarily equipment but more the committee lays down and so there are no problems log-based type of equipment, more of an adventure with planning at all? field than the standard swings and roundabout. Mrs Crowe: Our consultative document is out for Mrs Hannan: Mr Henderson. a complete new planning process, so I would not like you to assume that I thought that every aspect of Mr Henderson: I have only one question, planning was ideally being addressed, but I do think Minister, and that is: is there anything you would like that the provision of new developments and the way in to present to the committee or tell us that you are which play areas and open spaces are being adopted in dissatisfied with? Is there something that you think the planning terms, I think, is quite appropriate. What I do committee should be aware of or are there changes that think you picked up on - and it was mentioned a you would like to see, either personally or as minister number of times - was the fact of this transfer of land of the department, or is there anything at all that we from the developer to the local authority, where should be aware of while we are examining perhaps a local authority which has been opposed to playground facilities? that development all the way along says, ‘Well, we are not going to look after that open space.’ That may or M rs Crowe: Well, certainly, as you know, we are may not be the case, but that is certainly something we working with developers at the present time to provide need to look at: the transfer directly to the local affordable housing, and it would certainly be authorities of the open space, if that is the . . . And of something I would be looking at in our agreements to course, it is a function of the local authorities to look make sure that the play facility, unlike what we have after the open space in their areas. experienced in the past, is not the last thing to be 9 placed when the whole area is tidied up. I know that at a more imaginative approach to play areas that would cause some developers a problem because, of would stretch the imagination of the children as well. course, they are using every inch of available open As I say, I know we are moving away from the swings space for lay down, for bricks, and for whatever else it and roundabouts in our own play areas in the might be, but I think that if we make it part of our department and trying to look for something that is conditions working with them that, after part of the more imaginative, and I would commend Douglas estate is developed, that is time for a play area to be Corporation on their 'alien area’ and that type of thing. put in place, and not when the last house is built and So, yes, I do think we could have some improvement, handed over ... and if the cost was not too onerous, I think the people that would have the knowledge would be someone like M r Henderson: Okay, thank you. the National Playing Fields Association. Mrs Hannan: David? M r Cretney: Okay, that is fine. Thank you. Mr Cretney: If I could just refer back to Mrs Hannan: I think that covers most of the Springfield Harcroft - its development is absolutely aspects that we wished to cover. Could I just ask you nothing to do with you; it was your predecessor, and I about planning appeals: how secure are planning should make that clear - appeals? They end up with the minister. The minister approves them (Mrs Crowe: Yes.); conditions laid Mrs Crowe: Yes. down at an appeal for such things as play provision and community facilities within a development, and it Mr Cretney: - can I say that strong is approved by the minister. Are those conditions representations were made at the earliest stage that secure or would you expect a developer to go with such facilities should be put in place, and unfortunately another planning application to change those those fell on deaf ears, and again it is unfortunate that conditions? one of the people involved in the plans for the estate was a Department of Local Government officer. So, I Mrs Crowe: Well, once again I would say it is a am pleased that at last it appears you are making some matter of whether it is appropriate, and I do think that progress with regard to thaL if an inspector has looked at a set of plans and in that If I could move on, you and I have both had set of plans there is provision for a play area in a set correspondence from Jurby Parish Commissioners, place and at some stage in the development the from Colonel Mayo, the chairman. One of the things developer or perhaps the residents - the people that are he referred to was that before embarking on the purchasing the properties - feel that that is an provision of play facilities, he felt * or his commission inappropriate place for that particular play area, there felt - that it may be useful to have the independent could be a time to enter into discussions with the advice of the National Playing Fields Association. Do Director of Planning or the planning office to say, you have a view on that? Neither you or I have a ‘Look, I think that really we would be better locating budget presently for such works. this play area in this area.’ I am not suggesting that we are going down the lines, of, ‘We have got an irregular Mrs Crowe: I know, and this was, Minister, why plot here and we have hit bedrock and we will use this I actually referred the letter to you. I am afraid that the for a play area’; what I am talking about is: people do way in which the letter was couched was not actually object to children playing in close proximity to their what I was suggesting. Colonel Mayo came up with dwellings, and we do know this. It is not appropriate, this excellent idea that he wanted to know what on some occasions, to have play areas right in the provision was appropriate for the area, which was a centre of developments, and it is not helpful to the kids comment I made before, and if something more either. They want to have their ghetto-bl aster and a bit imaginative could not be achieved. I know that you, at of music, whatever they are doing, whatever it may be, the present time, in the department are looking at your so they need space as well. So it may, on occasion, be strategy for leisure facilities, and I thought that the cost appropriate to move the play provision or - as I think of bringing over this specialised group may have been the Director of Planning said before - where there are very onerous for Jurby Commissioners just for a one- a number of small areas in various little pockets off, but if, indeed, the department felt the need for an around an estate, to have one dedicated play area audit of some of the play areas around the Island, it where the kids really can have fun and knock about could be combined and a small charge made, perhaps, and make as much noise as they like without upsetting to the commissioners, which is the reason that I the residents of that estate, because there is nothing forwarded the letter to you. Unfortunately, I think there more trying for both children and residents if there is was a little bit of misunderstanding there, but I do continual confrontation between the two. So, they do think it would be valuable to see. I have seen much need to be placed in appropriate areas. more exciting playground facilities in other areas, and I do think we need to be looking sometimes a little bit 10 Mr Cretney: The important thing, obviously, is Mrs Hannan: But grants? that it is done at an early stage (Mrs Crowe: Absolutely.) so that, as Hazel said, when people move Mrs Ramsay: I do not know that we have gone to an estate they are aware of where they are moving down that road - next to. That is why it is so key that it forms a part of the early . . . M r Bott: I am not aware that we have actually received any grant moneys from anybody towards the M rs Crowe: Yes, exactly. Yes. provision of play equipment at all, anywhere. Mrs Hannan: Thank you, Mrs Crowe. Mrs Hannan: Did you know about grant facilities being available through the Department of Local Mrs Crowe: Thank you. Government? M rs Ramsay: Me personally, no - Evidence of Mrs L Ramsay and Mr K Bott M r Bott: I did not, but whether - Mrs Hannan: Moghrey mie. M rs Ramsay: - but whether the Town Hall knew, I do not know. Mrs Ramsay : Moghrey mie. M rs Hannan: Comment was made by the director Mr Bott: Apologies for being a couple of and, I think, by the minister that all local authorities minutes late. know this. (Mrs Ramsay: Right.) But 25 per cent is available. M rs H annan: That is all right. We held the minister until that time. The minister has gone now. M rs Ramsay: Well, as I say, it is something that I Thank you very much for coming to talk to the select personally do not know about, but that is not to say committee. If I could just cover the setting up of this that other people do not, so I cannot speak for the committee: it was set up in May following a motion whole council on that. I am sorry. that went to Tynwald, and it was resolved that a select committee of three members on playground facilities M rs Hannan: Right. Okay. Do you know if the for children be set up. Mr Henderson, the member for local authority has ever pushed for the use of a section Douglas North, is one of the members, along with 18, which secures before planning an area . . . any sort David Cretney, member for Douglas South, and of securing of an area, or use of an area of land, as myself, Hazel Hannan, member for Peel. We welcome opposed to the planning? So, the Douglas Corporation Mrs Lynda Ramsay and Mr Bott to the stand this might say during the discussions with the developer, morning to give evidence to us in relation to play ‘Well, we would like this area here to be a playing areas. field and a formal play area’ and enter into a section 18 During the minister’s comments, she made very agreement. supportive comment with regard to areas that Douglas Corporation has developed, especially the ‘alien area’, Mrs Ramsay: It is something that we are very so maybe you could tell us about the process of going keen on, yes. Again, it is in the letter, but we do think about getting to the stage where a play area is funded. it is fundamental to any new development over a Have you had funding from the Department of Local certain size that play facilities, leisure facilities, should Government? Was it freely available? What it cost; be included. Now, that could be with the consent of the how much you had to borrow; that sort of thing, if you developer, but it could be a prerequisite for planning as would. I am not sure who is going to start. well. But section 18, which, I think, is where we would then take on the amenities afterwards... Mrs Ramsay: Well, I will start by saying thank you for the opportunity to come. Our Assistant Town M rs Hannan: Yes, but it would secure the use of Clerk did send in a letter, which I hope you have all that land fo r.. . It could be for anything. As I think the had copies of, listing some of the things that we have Director of Planning said this morning, it could be that done recently. (Mrs Hannan: Yes.) We try to if this development goes ahead, then some roadworks continually work on upgrading our playgrounds and need to be done, but it could also be a commitment to a facilities. There are some figures in there, but particular piece of land for a playing area, playing field obviously things like the recent total refurbishment of or whatever. Noble’s Park, which was £120,000,1 think, (Mr Bott: Yes.) we would have to petition for. The petition Mrs Ramsay: Yes, well; that is something that I process is slow, obviously, or can be slow, but, yes, the think we ought to be actively pursuing. moneys are forthcoming. 11 Mrs Hannan: Okay. Mr Henderson. hundred houses going on there, therefore we need y amount of open space and an ¿-sized play area within Mr Henderson: Thank you. I was just wondering: this space.’ That information would be fed back into I have been exploring the areas of adoption of green the planning process and it would become a planning open spaces this morning with other people giving regulation, a planning constraint, on the developer evidence, and are there any complications in doing that before he could actually go ahead. or ways in which you might see, as a local authority, how that particular process could be improved? I am M r Henderson: And you would see that process very conscious that some estates seem to be finished right starting at the outset, before even the foundation and then this green open space left that was promised had begun to be dug? at the outset of the development to be adopted or the developer would enter into an agreement with the local M r Bott: Yes, defintely. authority for the adoption of the area and possibly turning part of that area into playground facilities. Mrs Ramsay: Yes. Could you give the committee any ideas of your own experiences with things like that so we can get a feel, M r Bott: The provision of the open space, the first-hand, if there are any problems with that or what play equipment and other facilities for children within your views are? Should it be initiated at a much sooner the area has to be considered as a part of the global timescale, rather than a development finishing and then scheme. You cannot say, ‘Well, I am going to build starting that process, for instance? 500 houses on this plot’ and then, once you have got 350 houses, decide, ‘Well, maybe we should put some Mr Bott: Yes, if I may comment from my own open space in.’ It has got to be there at the beginning. personal experience, most of which, I have to say, has been in the UK rather than the Isle of Man. In the UK, M r Henderson: And would you see it running in it is much more laid down in the process that, as part parallel with the development, so maybe the play area of the adoption process, unless areas are up to scratch, or the open space would come on-stream when the first unless there are facilities such as play areas and so on 20 or 30 houses were occupied, rather than come on- and so forth provided. . . Obviously, that is the kind of stream at the end of the development, when half the detail that has to be set out at the very beginning of a estate was occupied? How would you see it? development process, even before any bricks have been laid or anything like that. But unless all of the M r Bott: There again, it depends on the size and necessary steps have been taken by a developer - and scope of the development. If you are talking about a that would normally mean either provision of a play development of 20 houses, then it is going to be a lot area to hand over as part of the open space or a easier for them to have that open space there at the commuted sum, i.e. a sum of money paid over to the beginning. If you are talking about 500 houses, it may local authority for the provision of play equipment - well be that, wherever the open space is, it might not the adoption would not take place. That actually gives be at the front edge of the development; it may be in the local authority something more of a tool to say, phase 2 or phase 3. But I think you have to have a ‘Well, look, we will take over this space. We will start definite, concrete requirement on the developer which the maintenance et cetera, but only on the condition says, ‘Yes, you are developing these houses, you are that you have met all the various requirements’, one of going to make the money, but as part of that you have which would normally be either provision of the play got to give some back to the community, back to the equipment or, if it was in an area where there was a local authority’, and that will be either in the form of a park adjacent to it, perhaps a sum of money towards parcel of land or it may well be a parcel of land and a improving facilities within that park. play area or cheque or whatever it may be. What it has to do is take into account local needs. It does not Mr Henderson: Right, okay. And you mention necessarily mean that just because you build a block of there about developers in the UK, where - have I houses, you have to have an open space there. There picked it up correctly that sometimes they will give a may be another relevant open space adjacent to it or sum of money over to the local authority or, in fact, within ‘the zone of influence’, which is perfectly they will provide the play equipment at the outset? - it capable of looking after the kids but requires some depends on the developer, basically. form of development, some form of improvement, and then a monetary figure will be a much better way M r Bott: Yes, that is correct. It depends on the forward. situation, obviously, on the size of the development and so on and so forth, but normally it would be a case Mr Henderson: Are there any problems with that if I was looking at a development, if I was given - adopting open spaces/play facilities that you could hopefully - the outline plans of a development at the give the committee an example of in the Isle of drawing-board stage, as an open spaces manager for Man/Douglas area? I am conscious that you have come the local authority, I would say, ‘Well, there are x from the UK, Kevin, and that is fine, but is there 12 anything you might be able to tell us now or could you Mr Bott: No. give us a few examples or send us a few examples in. I know there have been problems, and that is something Mrs Ramsay: No major schemes. the committee is interested in examining as well. M r Bott: My only comment was harking back to Mr Bott: The one - unfortunately, I have only what I have said: planning is the key issue. Local actually been in post about 18 months, so I came in at authorities, be it ourselves or any of the commissions, the very end of it - was the Governor’s Hill estate. need to be in at the very basic opening stages of the When I arrived on the Island, Governor's Hill was planning process so that we can actually look at what virtually completed - not completed, but the open is there, what we already have, and see how those knit space adoptions had not even been considered. There in together and what the shortcomings are. And we can had been an informal agreement, I believe, to provide a look at them and say, ‘Well, yes, this type of play area, but then that took about another 12 months. development needs this type of facility for the Possibly Councillor Ramsay can fill you in on more children’ and actually ensure that it is there and it is in details of that, but my own personal opinion is that it black and white. And also - 1 think I caught a piece of goes back to the fact that you need to actually sit down the conversation as we came in - a lot of builders are, at the very beginning of the process (Mrs Ramsay: shall we say, somewhat hesitant to include pictures of Absolutely) and say, ‘Right, this is the development. play areas on their plans. When all of a sudden a play Even if we are only at very much a draft stage, this is area starts to spring up, you start to get a lot of protest the development, and these are the requirements we from locals: ‘I did not know a play area was going to are going to need within that.’ It has to be put down in be there.’ I think that kind of information needs to be black and white as part of the planning consent, and it available so that a person who moves into an estate has to be completed. understands that the large green space in front of them is sooner or later going to become home to a play area. Mrs Ramsay; I think that Kevin has put his finger on it: in the past, it has been an informal agreement, Mrs Ramsay: And presumably that would happen and what we are looking for - and what I think the if it was a fundamental requirement for any new feeling is from the committee as well - is that, as Kevin development of any size. says, it has to be there. There have to be guidelines laid down right at the beginning of the development before M r Henderson; Right, okay. Thanks very much. it progresses. Mrs Hannan: Thank you. David? M r Henderson: Right. Okay. I have just got one further question, Madam Chair, and that is: have you M r Cretney: As a matter of policy, when you are got anything that you wish to make the committee reviewing planning applications in the Douglas area, aware of this morning? Are there any thoughts, do you make representations specifically about feelings or observations from the Douglas Town facilities for youngsters? Council and in your own remits that you want to make us aware of? Are there any problems or other ideas that Mrs Ramsay: I think it is only fairly recent, but it you want to let the committee know about, or is there is something that we are certainly aware of now, yes. something government could be doing better or Again, if a development of any major size was anything at all you wish to let us know about? proposed, we would be keen to see facilities for children within that development. Mrs Ramsay: I think - I know I always say this - communication is fundamental to everything, and that Mr Cretney: Do you have any problems with is something that we can always improve on between vandalism of playgrounds or noise complaints about government and ourselves in Douglas. We are always those using them? trying to upgrade our play areas and facilities, and I certainly think that our parks department is a credit to M rs Ramsay; We have an awful lot of problems the corporation, and I hope that those of you here can with vandalism of our parks and playgrounds. If you appreciate that. As for individual schemes, I am not take my own area, for example, which is Victoria sure what the next one is. Can you think? Ward, it includes Noble’s Park and the promenade. All of those areas suffer from vandalism. The police are M r Bott; Well, there are some more upgrades at very aware of it and are very anxious to work with us, Willaston and, then again, some more in Noble’s Park. and so, to that end, we have established quite a good In the long term, there is the increase in the amount of working relationship, I think, with the Isle of Man play equipment down on the promenade - Constabulary. M rs Ramsay: But we do not actually have any M r Cretney: Do you think part of that problem new open spaces to develop? may be that there are facilities which are - or should be - principally aimed at younger children, and then Mr Cretney: Yes, I think Noble’s Park is an older children who are at a loose end come along and excellent example. In terms of your policy about play occupy them? areas, bearing in mind that unfortunately they are often abused by older youngsters, in terms of their lighting, M r Bott: That can be a problem, yes. for example, would it not help if the lighting was turned off at an earlier time? Mrs Ramsay: Yes, I would agree. I know we are talking about playgrounds today, but I think that M r Bott: It depends on who you listen to. another thing that we are short of is community focal points, like somewhere that older children - as you talk Mrs Ramsay: Yes, it does. about, David - can go and meet, and that would alleviate some of' the problems, I think. But certainly, M r Bott: If we have got lighting in a play area, yes, I think the facilities that are intended for younger for three months you get the police saying, ‘Turn the children . . . Again, I am being desperately parochial, light on all night’, and for the next three months you but take Noble’s Park: the older children are on the get them saying, ‘Switch it off.’ And then they will swings, they do their best to break brand-new come back and say, ‘Switch it back on’, ‘Switch it off.’ equipment by misuse. But I do not know how you I really do not know that there is a specific answer. We legislate against that. are experimenting with the likes of the Pulrose play area, in that we have got time switches on the lighting M r Cretney: Well, I think it is useful that you and we are experimenting with turning it off and on at have your relationship with the police, obviously * different times to see if that will change the behaviour ultimately that has got to be helpful - but I am going to patterns. Whether it will have any great change, I be terribly parochial: there has recently been a new really do not know. play area put in Anagh Coar, and I wondered what consultation took place with neighbours about that in M r Cretney: Well, as long as you are being advance and also whether consideration has been proactive, I think that is the right thing to do. That is an given. Representation has been made over an extended area which I do get complaints about. Thanks, Hazel. period of time for some facilities in that area of Douglas for activities which would appeal more to the Mrs Hannan: Okay. Do you have any plans for older element of youngsters. I accept exactly what any provision for these older ‘children’ - for want of a Lynda is saying about Noble’s Park and skateboarding better expression (Laughter) - younger adults, older and things; the children in my area would like those as children? well. Is it because you have not got enough land that that is a problem? Mrs Ramsay: Again, it is not simple, because they do not always want outdoor activities. Certainly, Mr Bott: Certainly I cannot comment on the they are well provided for with places like the NSC Anagh Coar play area * it was actually planned and the and again, coming back to the parks, they do have the process was well and truly in swing before I arrived - skateboard park, which is very, very popular at but I am aware that obviously there have been some Noble’s. We are looking at upgrading that, but again problems with it. As you say, land is at a premium, we have no more parcels of land to develop any more obviously, but we would aim to try to consult with separate projects at this time. What we can only do is people as much as possible. Perhaps, in the past, upgrade our existing facilities. consultation has not been — I am standing on a soapbox here, waiting to be shot off - one of the corporation’s M r Bott: Yes. We have a small amount of area up stronger points, but I would hope that particularly the at Anagh Coar, which we are looking to do some work process that we went through with Noble’s Park will on in the fairly near future - at the bottom of the illustrate that we are now of an age where we want to Donkey Fields there is some land - but really and truly talk to the locals because we want to get them on side, we have obviously got to go through the process of obviously. And, obviously, consultation is the key, talking to the neighbours first before we start doing rather than Mrs Smith opening the front window one anything with that. The other little things we are doing day and seeing a guy there with a.JCB and a pile of are that we have started doing things like putting kick- brand-new play equipment and that being the first she about areas in; something as simple as putting up a pair knows about it. She really needs to be in the process of goalposts in a corner of a recreation ground will and know why it is there and what can happen with it. mean that there is somewhere for the bigger kids just to drop in and play football informally. It also helps M rs Ramsay: Which, as Kevin says, we have with wear and tear on the formal football pitches, so achieved with our park users’ forum when we were we are trying different things like that. Kids being developing there, and that is an ongoing process and, kids, I do not think you will ever cure them of doing as he quite rightly says, hopefully we can extend that something. I have a 6-year-old and an 8-year-old, and for future projects. they can make enough noise and rumpus when they 14 want to, so God knows what they will be like when Mr Bott: Thank you. they are 16 and 18. Mrs Ramsay: Thank you very much. M rs Ramsay: I can tell you. (Laughter) M r Bott: Yes. But it is one of those things. Kids will want to find somewhere to meet and hang out. I Evidence of Mr B Rae think possibly what we have got to do is try and create areas as remote as possible from habitation where they M rs Hannan: Moghrey mie. can congregate, get together and possibly interact and do whatever they want to do without making too much M r Rae: Moghrey mie. disturbance for other people living in the area. M rs Hannan: Thank you for attending and we Mrs Ramsay: And another thing that we have will have you away by 12.00. been doing - or we have only done it once - is that we held a concert in conjunction with Soundcheck, for M r Rae: Thank you very much. example, which is another use for our open spaces and keeps the children away from alcohol. M rs Hannan: You are on duty, are you? Mr Bott: As part of the Noble’s Park M r Rae: Yes, that is the theory. (Laughter) I do regeneration, we are actually trying to concentrate the not want to be up before the Civil Service Commission youth zone in the centre of the park, as far away from as well as up before this committee all in the one day. housing as possible. We are looking at the creation of a BMX track. We have obviously got the skateboard Mrs Hannan: (Laughter) Right. tTack. We have been talking with the youth service about the use of a small building which is up there and Mr Rae: Thank you for the invitation to come which is redundant at the moment. There is a along. We were a little bit surprised and perhaps a little possibility that they could bring the Buzz Bus down bit embarrassed, because we felt our tiny little there and park it on the bottom car park, which is submission said what it wanted to say, so I am here adjacent to the area where these areas are, and that anyway and quite happy to be here. kind of thing, so we are trying to work with them. Unfortunately, the youth service in particular seems to Mrs Hannan: Yes, what we try to do is to get a be as cash-strapped as we are for most things - it is the mixture of local authorities, and we felt that it would way of the world - but, obviously, we are open to be helpful to hear from Arbory, being a rural parish, ideas. We are open to partnerships and working with about how they were providing play facilities. other people to try and alleviate these problems. Obviously there is development of a different nature in Arbory, so maybe you could just go through some of Mr Cretney: Get your bids in for your 25 per the provisions that Arbory have provided. I am sorry cent. that I have not introduced everyone. Bill Hendersdn, member for Douglas North - Mrs Ramsay and M r Bott: Yes. M r Henderson: Moghrey mie, Mrs Hannan: Is there anything you would like to add before we finish? Mrs Hannan: - David Cretney, member for Douglas South; Hazel Hannan, member for Peel. This M r Bott: No, I think that the overriding thing is committee was set up to look at playground facilities that I really feel - and maybe it is my own personal for children, so that is where we are up to. This is hobby-horse - that we should be making .sure that we Brian Rae, who is the chair of Arbory Commissioners. are in at the beginning of the planning step and that a play area or facilities, open spaces,, are part of the M r Rae: I think the background, from our point original draft plan. And once they are there, they have of view, is that when suburbia started to move into the to stop there; they cannot say, ‘Oh, well, we have got countryside, if you understand what I am trying to say, rid of that piece of open space because we want to put we started getting these larger estates in the an extra five houses on it’ or whatever. It needs to be countryside, but there was not really much opportunity there from the beginning, it needs to be part of the to do very much. Even today, the Arbory process and it needs to be legislated for. Commissioners’ annual turnover is something like £60,000, so it does not raise a huge rate, and if you are Mrs Hannan: Well, if I could just draw your going to do something of significant financial attention to section 18, and when the new legislation proportions, then it has a significant impact on your comes in it will be section 13. Thank you very much. annual rate. But going back in time, these estates arrived, in most cases without any provision, and with Mrs Hannan: Do you have any new the commissioners not being in possession of any land, developments at the moment where maybe section 18 it would have been horrendously expensive, I guess, in of the Town and Country Planning Act could be used? times past, to have done anything to provide, particularly in Colby, where there was not any really Mr Rae: There is one probably coming on- suitable land, any provision for the youngsters. And so stream: the land behind the Colby Glen Hotel, between we have got estates there of 100 to 120-plus houses what is known as Cronk Cullyn and Ballacriy, is to be with nothing on them. In Ballabeg, it was a little bit developed - off the top of my head, I think it is 18 different: when they built Friary Park, which again is houses, but I am not too sure - and some of the land something like close to 150 houses, I think, a piece of there has been set aside and will - the plan is - be land was ‘left over1 - I think is perhaps the best to transferred to the ownership of the local authority, and describe it - by the developer. He could not develop there will be land made available there. I think what that bit, so it was left, and there was some play we would like to see, though, is adequate playground equipment on it for a while, but it became facilities actually properly planned into that rather than unserviceable and unsafe and was taken away and has left over, because I think that if we go with a planning not been replaced. What we do there is maintain that application subsequently for a play area, it will parcel of land to the point where we keep it fenced and probably run into trouble with its neighbours, whereas we keep it mown in the summertime. It is not useable if these things can be properly sited within a new in the winter because it is far too boggy for them, and development in the first place, you can mitigate or these are the sorts of problems. minimise the amount of inconvenience that these What we did in Ballabeg is that we formed a things may cause to "their immediate neighbours. partnership with the school, and when they built their Because we have to be frank about these things: they play equipment into a little play area there, we made a do cause problems. So there may be some scope there small proportional contribution to the cost of that. I do in that particular development, but we do not know not know if that works; it works from the point of view what developments might be planned for next year or that it was affordable, and it works from the point of the year after, do we? These things need to be written view that it is not right next to people’s houses where in, I think. you are likely to get complaints, but then I do not think it is possibly accessible for most of the children in the M rs Hannan: So, you would be looking, as the village who live on the other side of the village and local authority, at writing that in and getting an probably do not go that far very often. agreement with the developer, and also the developer As I say, in Colby, sadly, there is nothing other may be providing some funds towards it? than the football field, which is there anyway. It is not part of the commissioners' property; it is just an open Mr Rae: That is right. I think these have to be area and available. It is quite sad, really, because when enforceable things. It is not something that starts off as they built Ballacriy the plots of land at the entrance to part of a sketch plan, a would-be dream, but when it Ballacriy were set aside for shops and remained set comes down to it shrinks and shrinks to the point aside for shops for about quarter of a century, and even where it is no longer useful. today it is still a piece of wasteland, although it will shortly be built on. It is unfortunate that they saw the Mrs Hannan: And would you be looking at using need for something that actually never materialised but the planning process, just an informal agreement or a did not see the need, perhaps, for the sort of provisions section 18? that we should have been thinking of. So, from the commissioners’ point of view, the M r Rae: I .think it has to be a formal thing. Yes. thinking behind the letter that we sent in was to make the point that if there are future estates to be built, it Mrs Hannan: Mr Henderson. should be an enforceable condition on any planning approval that proper consideration is given to the needs M r Henderson: Thank you. Are you aware of the of the youngsters and sites are made available, maybe DoLGE grant for playground facilities at all? There is not for an elaborate, very expensive playground, but a 25 per cent grant to local authorities. just areas that at least the children can go and play on rather than on the streets or nowhere at all. We felt that M r Rae: Yes, I am broadly aware of that. within the context of, perhaps, a million- or a multi million pound development, the cost of these things is M r Henderson: You are aware of that and you relatively small when set against our sort of operation, know to apply for it if you were so minded. Okay. Is which has an annual turnover for everything of about there anything else that you would like to tell this £60,000. So that is where we were coming from. committee in regard to playground facilities, ideas the commissioners have had, problems or issues that you think ought to be put in our report or flagged up from this evidence? 16 M r Rae: To be fair, it is not an issue that crops up Mrs Hannan: David? very often. Once in a while, we have had requests - ‘Why haven’t we got a play area in Colby?’ - and all M r Cretney: No, I am fine, thank you. credit to DoLGE: DoLGE actually provided some play equipment on their own estate in Colby not too long Mrs Hannan: Okay. Is there anything else that ago, and that seems to have answered those requests in you would like to - the past. So it is not a big issue with us, to be honest, but since we were asked for our views we are happy to M r Rae: I do not think so, thank you. give them, and if we can improve things for the future, certainly, that is the way it wants to go. As I say, I M rs Hannan: Thank you very much. think the crux with the little authorities is that they do not have the funds - well, they can raise the funds on M r Rae: That is all right. their rates, but it is a disproportionately large rate sometimes if you have got to .. . Play areas these days, Mrs Hannan: It has been very helpful, very with the safety regulations that go with them, start to useful. become horrendously expensive, don’t they? And I am not always sure that children necessarily want a lot of sophisticated pieces of equipment or expensive pieces of equipment with rubber mats under them; I think Evidence of Mr C S Lewin sometimes they just simply want somewhere to play. The gentleman who was sitting here before me was M r Hannan: Well, thank you, Mr Lewin, Clerk saying that just a set of goal posts somewhere is to Braddan Commissioners. Could I thank you very sometimes enough to keep them happy. much for attending this morning. As you are aware, but I will repeat it, a select committee was set up by Mrs Hannan: So where do children in Arbory Tynwald in May to look at the provision of play then? (Laughter) playgrounds, some play facilities for young people. The three members of the committee were: Mr Mr Rae: In the Colby Glen. The children up in Henderson, member for Douglas North; Mr Cretney, Ballachrink certainly play in the Colby Glen. I think member for Douglas South; and myself, Hazel the other children in the village probably do, too, or in Hannan, member for Peel. We have taken evidence the river. There is the play area in station park which this morning from a number of areas: the Director of DoLGE themselves put in, and that is fundamentally it Planning; the Minister for Local Government and the as far as Colby is concerned. In Ballabeg, they do play Environment; Douglas Corporation; Arbory Parish in the area that is in the commission’s ownership in the Commissioners; and now Braddaq Commissioners. So, back of Friary Park, which I referred to earlier, which welcome, Mr Lewin. If you would like to address us they can play in in the summer, but in the winter time with how Braddan have solved the problems of it becomes a bit boggy. providing play areas and your needs for play areas in the future, and then we will go from there. Thank you. Mrs Hannan: So you would not be looking to develop that anyway as a play area with equipment or M r Lewin: Thank you, Madam Chairman. 1 think anything like that? It satisfies the need for the moment, we do not have a ‘problem’ as such. Basically, what does it? we follow are the procedures as laid down, and if I can deal with the planning issues first. If we go to the 1982 M r Rae: It is not an issue that has be raised, I development order - I have copies for people, if I can think partly because, when Friary Park was originally hand them in - one of the criteria that the planning built, a lot of young families went into there and a lot committee are required to consider when considering of those owners still remain there and the children applications for new residential development is the have grown up and moved on, my children included. provision of residential estates, play facilities, open So I do not think there are quite so many children there space et cetera. So, that came in, obviously, in 1982. - maybe the requests have not come forward - and I Our view is to actively get involved with the developer guess that if we were to put too much there now, we right at the outset, because if they are coming forward would probably have the neighbours ringing us up with rather a large development, it is far better to more than the parents asking us for the equipment. I discuss and have in place the play facilities than to rely am not too sure. on trying to, shall we say, argue the case through the planning system. My experience - I have been there M rs Hannan: Right, but you say the land is not since 1990 - is that by entering into discussions with particularly ideal? the developers right at the very beginning there has never been a problem. Quite simply, they know that M r Rae: It is not great. It can be used, but it is not the 1982 order is there; in the Braddan plan, we have fantastic. similar provision for play facilities to be provided, and 17 there is a policy in there at 5.9: ‘All future residential M r Lewin: What we actually do at the start is sit developments will be required to incorporate open down and speak with the kids in the area - I fully space provision and children’s play facilities.’ So, the accept that the kids are going to change - and say, developer knows that, with those two policies, ‘Right, what type of play equipment do you want?’ realistically if he is not going to provide it, it would go Obviously, as adults, we can say, ‘Well, that looks nice through to planning appeal. So, as far as Braddan are and that looks nice1, but it is not necessarily what the concerned, we have never had a problem with children need or what they believe they need. And reference to developers providing, shall we say, the obviously, when you are ordering the equipment, you land for play facilities. have to look at the spec to make sure that you are We did, obviously, need to have a catch-up ordering for the higher specification. Yes, it does bring situation, because I think a lot of the existing play with it a cost, but I think we have seen that the cost of equipment was probably installed in the 1950s and going for the higher level has certainly provided 1960s, so those estates were brought up to standard benefits. The main vandalism we get is seats and that over a five-year capital programme. With the likes of type of thing. The equipment itself . . . We had one Farmhill we sat down Dandara; they provided the land; where there was a fire, but that was just where the they provided the fencing; they provided an area of children used some carpets and built a den and it went land that maybe, with hindsight, people could say was on fire. But considering how fierce the fire was, there excessive in size; we provided the play equipment; was not a lot of damage done, really. Some of the there was a little bit of vandalism but nothing major. playgrounds have been in 15 years, but again it is back So, basically, as far as playgrounds are concerned, we to British standard - look at the thickness of the do not have a problem, and now this is strengthened by pipework, galvanising and all that type of thing, anti the new draft strategic plan, which has considerable vandalism fixtures. spatial requirements, and obviously, once that comes into play, that will have an impact on new Mrs Hannan: Do you think a commitment to a development. I just have some concern with reference really high-level, high-quality standard of equipment to the spatial requirements in there because it does is ... have, obviously, an impact on development, housing costs et cetera. If you have got a 10-acre site and you M r Lew in: Oh, without a shadow of a doubt. are taking out a substantially large area within the There are two different manufacturers, one at Farmhill residential development, there are those people who do and one at Snugborough, and I think they both went in not want play areas right next door to their own at a similar time. The one at Snugborough was up to a houses, and when we talked to the children, they do higher spec, and you can see the difference today, even not want their play facilities - the older groups - right down to the painted finish. One is a polymer-powdered next door to houses. So, there is this kind of difficulty coat of paint and it was an extra, I think, £5,000, but it in trying to find the right location and - has been there 10 years, and when you think of actually sending somebody back to paint it, it is all Mrs Hannan: Sorry to interrupt, but it does say in different colours and they have got to virtually take the the new strategic draft - or the draft - that they might whole thing apart to repaint it again, so your be some distance away, doesn’t it? maintenance costs go up. Mr Lewin: I would hope that that would be Mrs Hannan: How often are they inspected? actually followed through because, if you look at the draft Braddan plan, there were some large areas for M r Lewin: The main playgrounds are inspected development in there. There is the potential to on a daily basis. Basically, the main problem is if commute sums from the developer to maybe improve someone has dropped a bottle or whatever and existing facilities quite substantially whilst keeping the obviously, if you get the younger ones going down . . residential development but creating this public open And then there is a weekly check, and then if those two space. I think probably people may have an idea of checks identify that there is a problem with the where I am talking about, but that to me would be equipment itself, then an architect would be brought in more meaningful than just saying, ‘Well, you have to to carry out an inspection. provide 20 per cent; you have to provide it within the residential development.’ Obviously, you need open Mrs Hannan: Right. What about health and space within the development, but there may be a need safety - are they ever involved? for some smaller areas for the tiny tots but not for the, maybe, 14/15/16-year age group. Mr Lewin: Basically, we follow the British standards, and we have never had a need to get health M rs Hannan: You said that there was not very and safety in. I think most of the issues are common much vandalism - that is the one at Farmhill. What sense: broken glass; if a rope is starting to get tethered; about the ones in Braddan themselves? or the architect will go around, look at shackles and if the bolts are starting to show signs of corrosion. It 18 really is a very low level of maintenance which is end of the day, if you get 14- or 15-year-olds down required. there and they want them to hang out, if you have got a camera on them, I am not so sure . . . I think you would M rs Hannan: So, you would inspect and you have to have a significant problem to say, ‘Yes, now would also clean up most days? we need to do something about it.’ M r Lewin: Yes, the daily inspections are really a M r Henderson: Would you say it worked having clean up, but again it is common sense if the swings it lit at night? Do they use it? have been wrapped above the bar to unwrap them. There have been some hard hitting-attacks at it, but it M r Lewin: Yes and no. It tends to be that on wet has stayed there. nights they tend to go down there, and sometimes on dry nights they tend to stay around the estate, but again M rs Hannan: Good. Mr Henderson. there is nothing really that you can mark it against Certainly, we were being told by some of the mothers, M r Henderson: Okay, thank you. Dealing with ‘Well, I am not happy that my child should be out at aspects of vandalism that you have experienced with 10 o’clock in a playground that is lit.’ If it is your the play areas and maintenance and litter too, what are seven-year-old child, maybe you should try and control your views on reducing vandalism? Are there any your seven-year-old child; it is not for us to control observations you can make there, and then on the litter your seven-year-old child in a playground. thing? M r Henderson: I just wondered: was the facility Mr Lewin: One thing we have done at Union being used? Has it worked as an experiment in as Mills is to try and get the children to have ownership much as the older kids can hang out there if they want? of the playground. We have actually put a meeting I am not saying late at night but certainly if it is dark at place at the entrance to the playground. We have seven in the evening they can still go down and meet actually put up a graffiti board, to which some people their friends and so on, have a chat did take objection because the kids do write on the graffiti board. But by meeting with them, that was one Mr Lewin: Yes, it has given them that of the things they said: ‘If you put us up a graffiti opportunity to do that. board, we might not write on everything’, so that type of thing we can deal with. We do have a problem with Mr Henderson: It gives them the opportunity, the 14/15/16-year age group, and since I have been right. Okay. And what about litter? You spoke about there you see these children, they get to this age and that before. You said the commissioners have daily they just go through that one or two years where they checks of the play areas? just want to go away or be away from people, but if they then get into work, you never see them again. But M r Lewin: Yes, the litter is a problem, and it is the next wave is constantly coming, and that is where not always down to the children. One of the problems the difficult area is, but generally we do not really . . . I is that if you get children down there - and at think just the seats now and again from time to time, Snugborough we get a lot of people coming in from and I think we are asking for the Department of Home Peel with their children in the summer holidays - Affairs to bring in a bye-law which would prevent things get put in the litter bins - it could be sea gulls, it alcohol being consumed in the playgrounds. You tend could be anything - and we really have tried to find die to find that that is a habit that we are getting on a magic solution to this litter problem. I think that at the Friday and Saturday night. moment the litter bins we are putting out are about £800 apiece. It is a problem, but you will never prevent Mr Henderson: Right. Would you see CCTV that; you will still have to have that daily inspection, assisting, and would that be of any use? because all it takes as for one bottle to be broken in the wrong place and there could be a really serious M r Lewin: We have recently lit Snugborough incident playground. That is as a trial because the children said, ‘Well, if you light it, we can go down there at night M r Henderson: Are you aware of a DoLGE grant time.’ Now, there are those who would say, ‘We do that is available for playground facilities? They do a not really think it is a place to light, and we do not 25-per-cent grant. think really that you should be encouraging children down there*, but this kept coming back from the M r Lewin: Yes. We do not tend to use it. Quite children that, ‘If you light it, we will go away from the simply, if you look at a new development and you look housing estates’, so we have spent money and lit it. It at the rateable income that brings in, if you then offset does have CCTV cabling in. I think we have to be your fixed costs, which are your refuse collection et careful. The problem has to be significant or it has to cetera, and maybe ‘profit’ is the wrong word, but if be sufficient to justify putting CCTV in because, at the you had 100 houses at a rateable value of £150, that is 19 going to bring you in £15,000 a year, take off your have tried to say to the older people, ‘Just try and borrowing - £5,000 for £100,000 borrowing - and you speak to them as you would speak to an adult’, but it is have still got £10,000 profit or surplus there. So, it also a two-generation gap to try and solve and, of course, makes everybody in the decision-making process once that happens, then you are into kicking balls up really think it through instead of just getting grants: against the sides of walls and just annoying things. But ‘Do we need this facility? This is what we set out with certainly, that 14 to 16 age group is where the as the ideal. There is the budget cost/ It does make problems are, and the tiny ones and the young ones are everybody in the decision-making process go through not a problem, really. it. But on the new developments we have always costed them on that basis, and there is a surplus there. Mr Henderson: Okay, thank you. M r Henderson: Okay. Is there anything that you Mrs Hannan: Thank you. David? want to bring to the committee this morning, any particular problems you have identified as a local M r Cretney: What time do you turn the light off authority yourselves, ideas or issues that you think at night? should be changed or something government needs to be aware of or should change for the future? M r Lewin: I think it is midnight. I can go back to the committee on that. We did put a time clock on just M r Lewin: I think the big issue - and we are to see if it was 10 o’ clock, 11 o’ clock or 12 o’ clock. constantly facing this, and 1 know we have a very good working relationship with the Department of Mr Cretney: You are right; there is a parental Education’s youth and community facility - is this age responsibility in all this anyway, because I have a group of 14 to 16 just trying to find somewhere for problem with that in my area. And the thing about the them to occupy themselves and to go. Okay, the youth 14- to 16-year-olds, again that, as far as I can see, is club can fill in on a Friday night, but you are still left one of the key issues as well. Have you thought about with six nights. We have got a beautifully constructed provision of skateboard facilities and that kind of den down at Union Mills sewage works, and if you stuff? actually see it, it is a work of art. Now, ourselves and the police are probably going to have to take it down, M r Lewin: We are working very closely with the because obviously there is a liability if younger Department of Education and, to be fair, they have children get in or whatever, but it is that age group that given us, I think, six youth workers in the last 15 is the problem. months. In fact, I was at the AGM the other night. They are advertising for another two youth workers for Mrs Hannan: They have built it? the Friday Night Club, which is a special project for the older ones. They have got resourcing problems, M r Lewin: Oh, they have built it. They have done finance problems, and even finding suitable people to a wonderful job. Unfortunately, along the lines, they apply for the jobs and actually be youth and have cut down some timber fencing that belongs to the community workers; it is that youth and community DoT, but it has got a door on it, it has got a roof on it, centre that really is the key issue. Hopefully, if the it has got steps and everything else. But the legal draft Braddan plan comes through and the new school liability is: what happens if one of the younger is to go up at the Strang, then it would have the youth children gets in there and it goes on fire? We are and community facility in it, which would then be talking to the police to try and find a solution to that, adjacent to the football pitches that Union Mills but it is that age group that really is the problem. But Football Club has. So, hopefully the idea is there to try all I am saying is that they are the problem; they are and make a youth and community facility within the not bad kids, they are not criminals. They just do not village. want to be in the house with mum and dad, they do not want to be in a playground; they want to go Mr Cretney: Good for you. I just think that somewhere, but speaking to the youth workers down at Braddan Commissioners have done a good job for a Braddan School, it is not just a hang-out centre they long time in terms of this. You talked about Farmhill want. They need something to stimulate them and get specifically; when you worked with the developers them actively involved, and I think that if we could there, you did not have any problems because you crack that problem, then we could see a significant entered in, at an early stage, into the negotiation, as improvement, particularly for people living in estates, you have described. because some of the older people tend to see them as a threat, and I have seen it: some of the older people M r Lew in: Yes. I think people sometimes see come out and say, ‘Get away from my door.’ Whereas developers as a big ogre. If you sit down with them in our day we would have legged it, the kids these days and you say, ‘Right, this is what we want’, you have turn round and say, ‘No’ and unfortunately use foul got to respect that they are coming from the position language, so you have then got a friction position. I that they are going to try to maximise their yield out of 20 the development, but equally, most of the major development of 100 houses, with all the policies and developers are sensible enough to say, 'Well, yes, emerging policies we have in place, for the planning okay. We have got to provide facilities.’ At Farmhill, committee or even the inspector or even the minister to they were being sold as adjacent to playground say, ‘Well, no, we can ignore all those policies." facilities, and I think if you can engage that way instead of taking the ‘Let’s keep it secret and the Mrs Hannan: I am just looking at your letter, that planning application comes in and then let’s have the is all. On the second page, where you say, ‘The battle*. . . That is not really the way to deal with it, commissioners would wish to draw to your select because even down at Tromode there were offers for committee's attention the issue of the cost’, and again, equipment put in et cetera. So, I think the picture that in appendix 4, the draft strategic plan refers to is painted sometimes is that there is a lack of commuting sums from the developer: paragraph 8.4.4 - discussion between the local authority and the the first commuting sums by way of legal agreement developer, and I have found that when we actually sit under section 13 of the Town and Planning Act. down and discuss it. . . And you get the full support of Section 13 — this is the 1999 Act — provides the the planning officers, so you can actually influence necessary framework for agreements to be entered into that process before it lands on the planning which would ensure the cost of the provision of open committee’s desk. Playgrounds are one thing, but it is space playground facilities be defrayed by the important to have open space within developments the developer. What I am looking at is: why are you likes of Clybane. We had an interesting situation with looking at section 18 being any different from section the developer wanting to come very close to the 13, which is reproduced? highway which leads up through it, and we were saying, ‘No, we want you to set the houses back, and M r Lewin: I think you have to stand back from we want this public open space*, and then the question the situation a little bit and say, ‘Well, right, okay, if comes, ‘Well, who is going to maintain it?’ Well, we are going to put all this cost on the developer, if we again, if you have got 150 houses, you have got a are going to want all this open space, we are going to substantial rate income, so you can afford to maintain want three car parking spaces per property and he has it. People may say that the grass is cut once a week or to provide the land and he has to provide the play whatever, but it does look tidy and it creates that equipment, what impact has that on housing costs?’ openness of driving into the development Because somebody has to pay for it. If the local authority is provided with the land, obviously it is for M rs Hannan: In your letter, you mentioned the the local authority then to assess and take into Town and Country Planning Act 1999, section 13, but consideration the financial implications of providing have you used, or have you any experience of the use the facilities, and I think that is a reasonable test for the of, section 18 under the 1991 Act? local authority or whoever is making it, instead of just saying, ‘Well, we want £200,000’ and just spending M r Lewin: Once, Madam Chairman, and I think the money. if you are getting down to section 18, something has gone wrong in communication somewhere. With the Mrs Hannan: Yes, but what I am trying to find greatest respect, when you talk about a section 18, you out is regarding your reference to section 13: why really are at head-butting time, and when it goes to the section 13? Because you have said here that, again, Attomey-Generars department, it might come back in while the Town and Country Planning Act was given a year. I do not really see any need in Braddan for a consent in October 1999 and section 1 of the Act has section 18, because if you look at the 1982 plan, the been introduced, the Department of Local Government 1991 plan, if you take that through to appeal and you and the Environment has not progressed further with say to the appeals inspector, ‘Well, look, Mr Inspector, the introduction of further sections of the Town and there are two clear policies. There is no provision’, I Country Planning Act, and it obviously follows that would find it very hard that he would actually go section 13 of this Act cannot be utilised until such time against the local authority and the planning officer. as it has been brought into force. So, what I am trying Section 18s are really more to deal with, in my to find out are your thoughts on how section 13 would opinion, highway issues where you need to secure and be used. Forget section 18 if you say it has only been make sure the developer is going to improve the used once anyway, and it has been used once for open highways et cetera and it is not a clear policy. space - as we learned this morning from the director - but what I am trying to find out here is: when would Mrs Hannan: How would you see section 13 you utilise section 13? Because we have not got the being different, then? draft strategic plan; we have got the 1982 strategic plan but not this new one, so what I am trying to find M r Lewin: On the draft strategic plan, I think the out is: section 13 in your comments here - how would policy, if you actually go to appendix 4, is virtually you see it working? following the National Playing Fields Association. I would find it extremely unusual, if there was a M r Lewin: We do not have that, but - 21 Mrs Hannan: We do not have it yet, but you have Mr Lewin: It just gives an indication of the said in your letter here that obviously it follows that capital borrowing. section 13 cannot be utilised until such time as it has been brought into force, and you are saying that it Mrs Hannan: Thanks very much. would provide the necessary framework for agreements to be entered into, which would ensure that the costs of the provision of open-space playground facilities were defrayed by the developers - Evidence of Mr J Brown M r Lewin: Yes. Right. At present, even under a Mrs Hannan: Hello. Welcome, Mr Brown, to our section 18 agreement, I would doubt if you could deliberations. If I could just start by explaining what require the developer to defray the cost; You could we are at. At the May sitting of Tynwald Court, it was probably require them to provide you with the land. resolved that a select committee should be established Section 13 under the 1999 Act goes a stage further, to investigate the provisions for children’s playground and appendix 4 refers to commuting sums by the facilities right across the Island. As you are aware, developer to improve or to provide that type of facility, your local authority has given written evidence to us, so that is really where section 13 is coming in. That and we are talking to various people this morning. The would actually make or allow the local authority to Director of Planning and the Minister for Local say, ‘Well, right, you do have to provide the cost of Government and the Environment have been in, as this playground facility.’ To a certain extent, there has have local authorities: Arbory, Braddan, Douglas and to be a degree of caution there because, at the end of now Castletown. So, the three members of the the day, the local authority is responsible for providing committee are: M t Henderson, member for Douglas facilities. It is reasonable, as part of that decision North; Mr Cretney, member for Douglas South; and making, that they should take into consideration the myself, Hazel Hannan, member for Peel. So, you have financial implications. The likes of Union Mills and written to us; if there are any points that you would Farmhill are used by other people, but if you just start like to specifically draw to our attention, and then we saying to the developer, ‘Right, we want £250,000, and can ask questions. we are not really too concerned about how we have got that. We will have the Rolls-Royce’, that is going to go M r Brown: Certainly. 1 wrote the letter that we onto the cost of houses. The developer is not going to wrote on the 19th September anyway. Obviously, it pay for that without adding it on somewhere, but again was pointed 1 to 7, and they were in the main, the I would say that it should - concerns of Castletown Commissioners when they met and discussed the issues. Mrs Hannan:You will be having us crying yet for these developers who are so strapped for cash and. . . Mrs Hannan: How many play areas do you have? Mr Lewin: Well, I always think it is interesting M r Brown: We have Poulsom Park as the main that people see the developer . . . If we go back to the play area, and then we have a play area set aside within 1980s/1990s, everybody had the impression that the the bowling green as well in Castletown. developer of the day then, Mill-Baldwin, was making a fast profit. It is almost as if you cannot sit down With Mrs Hannan: And for what ages would they be? the developer and discuss things, and yet if it is bankers or everything else, well, that is a totally M r Brown: Probably up to about 10, I would say, different attitude. If you add £200,000 onto a for playground equipment. We are, at the moment, development, that cost will go onto the houses. Now, looking towards providing a skateboarding facility. I whether he reduces his profit margin or whether he was not sure, when you talked about providing puts the price of that property up, I would not know, facilities for children, what ages you thought that but I would hesitate if it would probably increase the group comprised. What age did you think children prices. went up to? M r Henderson: Nothing further, thank you. Mrs Hannan: Well, in legal terms, children are children until they are 17. M r Cretney: Thank you. M r Brown: Right, so that would include anything Mrs Hannan: Thank you very much. for skateboarding facilities as well, (Mrs Hannan: Yes.) which would probably be for about 14-year-olds. Mr Lewin: Thank you. I do have a paper on costings, if you want me to . . . Mrs Hannan: So you are planning a skateboard facility? Mrs Hannan: That would be handy, yes. 22 Mr Brown: We would like to, within Poulsom greenfield areas within the site, which, I would Park. Obviously, the costs and other requirements, imagine, would lead on to the fact that we would every time we look at it, seem to mount up. We have therefore be obliged to provide any play equipment, done some research into it. We are now aware that, in you have to remember that there has not really been fact, tarmac would not be a good surface to have; we any development in Castletown probably for about 20 need to do it in concrete. So, initially we went to years, and 20 years ago there was not such a cry for Colas, who gave us a quote in tarmac. We have now areas being put aside for children within estates. got a quote for providing it in concrete, but we originally were quoted in the region of £15,000 and it Mrs Hannan: So there is no provision in Janet’s has now doubled, and that is just for laying the surface. Comer? It is without all the other add-ons that we would probably need, for example shelterings, seating, M r Brown: Not that I am aware of, no. It is just fencing off the area, signage. That all just mounts up, concrete areas. It is very poor in Janet’s Comer but and again we are led to believe there would be a 25 per again Janet’s Comer is being developed probably by cent clawback from central government and DoLGE, DoLGE over the next couple of years. So, again it may but whether that would include those areas - seating, be an issue then. fencing, signage - 1 am not absolutely certain. M rs Hannan: When you say ‘being developed’, M rs Hannan: I think what the minister said this is there more development going on there or ju st. . . morning was provision of play equipment. I think that is what she said, so - M r Brown: There will be in the near future, I am led to believe. M r Brown: Just equipment? M rs Hannan: Okay. Bill? M rs Hannan: Well, that would have to be taken up with the Department of Local Government. M r Henderson: Thank you. You mentioned a 25 per cent clawback before; could you just clarify for me M r Brown: Yes, that is right, but it seems to me what you were meaning about that? that if you provide play equipment, there would also be a necessity to provide seating for parents and fencing M r Brown: In other words, if we were to buy an off the area to stop dogs straying onto that area, and item of play equipment for £1,000, we would pay the the way that litigation is going these days, signage to £1,000 and then we would ask DoLGE for 25 per cent try to prevent, any claims against government for of that £1,000 back, please. children falling off swings, skateboarding areas, to stop accidents happening as much as possible. M r Henderson: Right. To claim your actual grant is what you are saying. Mrs Hannan: Have you ever made an application for a grant from the Department of Local Government? M r Brown: Yes. Mr Brown: Yes, we have. We added to our Mr Henderson; Okay, that is fine. Have you playground equipment in the bowling green in the last experienced any particular problems with the play six to nine months and we applied, but they were quite areas within Castletown - vandalism, litter or anything low-cost items. like that - and are there any actions that you have taken subsequently? Mrs Hannan: But you had your 25 per cent? M r Brown: Litter is always a problem. It is a case M r Brown: Yes. of getting in touch with the school - Castle Rushen, usually - to try and cut it down. Vandalism is not so M rs Hannan: You have said about Poulsom Park great an issue within Poulsom Park, even though and the bowling green is separate, but you have no Poulsom Park does tend to be out on a limb and there play facilities within housing developments? is not a lot of housing around where it could be policed via the residents of houses, but it does not seem to be a M r Brown: Not at the moment. There are plans problem to date, 1 am glad to say. At the play area being submitted by DoLGE for a housing development within the bowling green - obviously the bowling at Red Gap. The plans went in this week. There are green gets locked in the evenings - it has been very about 61 houses being built, first-time buyers’ and minor: a bit of graffiti, nothing really serious, I am rented accommodation. There are two - I believe the glad to say. vernacular these days is - ‘localised areas of play’ within the site, which have been designated for children. DoLGE are keen for us to adopt the 23 I M r Henderson; How do you view the situation of soon be chased off. Things do seem to have moved on. adopting new green open spaces such as Red Gap? We now seem to. provide - as I think as it should be - Would that cause the commissioners a problem? green areas within estate developments, but what new developers are not obliged to do, of course, is provide M r Brown: It will, because of the fact that we any playground equipment, and perhaps we should be have not really got the staff to cope with any more thinking of taking it a stage further. I am not saying open spaces within Castletown. that they should necessarily go out and buy the playground equipment, but perhaps there should be Mr Henderson; But if there are 60-odd houses some sort of bond put in by which playground going in there, surely that is 60-odd sets of new rates equipment should be purchased for that site. that would be going into the coffers, as it were. M r Henderson: Okay, thank you very much. Mr Brown: It would, yes. I can only yoice the opinion of the commissioners, and I can only go from Mrs Hannan: David? experience. I know that in the UK, for example, local authorities are very, very reluctant to take over sites, to Mr Cretney: Thank you. The planning maintain them, application for Red Gap you have referred to: did you say that had gone in this week? Mr Henderson: For the reason that you are saying: staffing problems? M r Brown: It has. Mr Brown: Staffing problems, budgeting, M r Cretney: Have you seen it? capping, yes. Mr Brown: We have had consultation with M r H enderson: Right. You would not see the DoLGE. new rate collection as an offset to that? Mr Cretney: Right. And it is a DoLGE Mr Brown: It would obviously go some way development? towards it. As I say, the commissioners at the moment are feeling that our men are fully utilised. It may well M r Brown: It is a DoLGE development. be that once the site is completed and the commissioners see the sort of areas we are talking M r Cretney: And it is 60-odd houses? about that they have a different opinion. (Mr Henderson: Right.) But I guess that it is not just a M r Cretney: Sixty houses. case of a couple of men going around and mowing the lawn, as we were saying before. It would be the case Mr Cretney: And at the moment they are not that if DoLGH asked us, Castletown Commissioners, proposing to put any formal play equipment in as part to adopt the sites, then the onus would be on of that development, to the best of your knowledge? Castletown Commissioners to supply whatever equipment was needed for those sites and also to fence Mr Brown: To the best of my knowledge, off any areas for small children, perhaps. correspondents have been asking whether Castletown Commissioners would take over the greenfield areas Mr Henderson: Right. Have you got anything on the site. that you wish to express to the committee this morning, any ideas, problems or issues that you think a Mr Cretney: Yes, but in terms of formal play committee such as this should be looking at with equipment, it would seem to me reasonable, and from regard to open spaces and play facilities for children? conversations we had earlier today with department Is there anything that you see that perhaps has been officials in respect of another site, that they are going lacking in the past and that should be taken on board down exactly the same route where, for example, at by government, or anything in particular like that? Springfield Harcroft in my constituency, no formal play equipment was put in. They are now discussing M r Brown: I think it is a case of evolution. As I that once the houses are built, and the time to do it is said, 20 years ago there was not so much of a priority obviously . . . So there has been no agreement for to provide greenfield sites within new housing them, at this stage, to do that as part of that developments. There would probably be a bit of grass development, to the best of your knowledge? dumped in the middle of a block of houses and maybe a tree put in and that would be about it. But that did not M r Brown: No. As I mentioned before, we are really help any play areas; in fact, it probably goes very keen on providing a skateboard facility within against play areas, because any kids who were playing Castletown. I had asked DoLGE whether they thought in those sorts of areas, for example football, would it may be an idea to provide a skateboarding facility 24 i within this Red Gap site. They felt it was not, because Mr Brown: We have had early discussions. I of the nuisance of the noise. Now, whether they will would not like it to be suggested that that has not been feel the same way about playground equipment, I the case. would not like to hazard a guess, but if skateboard facilities are going to be noisy, then perhaps Mrs Hannan: You suggested a letter, though. playground equipment or play facilities will be also. Mr Brown: Yes. Well, I wrote regarding M r Cretney: Absolutely, but the point I think we skateboarding. We were talking at that stage about were trying to make was that when people come to playground equipment! We have had discussions with reside in an area, come to buy a first-time buyer’s DoLGE regarding the site in general terms. house or whatever, then they are aware that they are going to live adjacent to play facilities or whatever, M rs Hannan: The Red Gap? and they take that into consideration, presumably . . . M r Brown: Yes, i.e. in terms of: how many first M r Brown: Well, Red Gap is a little bit out of the time buyers’ houses; how many DoLGE houses; what centre of Castletown. (Mr Cretney: Right.) Poulsom size of houses? Park is at the other end of Castletown, so if you had a young kid and you wanted to take him to a playground M rs Hannan: But not with a play area? facility, it is quite a hike. But, if I was going to be cynical, I would say that perhaps DoLGE wants the M r Brown: But not specifically with regard to Castletown Commissioners to take over the site and play areas. then for Castletown Commissioners to provide the playground equipment. Mrs Hannan: Right. Okay. You mentioned applying for the 25 per cent grant. Is that the first time M r Cretney: Yes. Again, we are speculating here, you had made an application for it, or do Castletown but perhaps there should be a financial contribution Commissioners regularly make applications? towards the provision of play equipment as DoLGE seem to be saying to others. Anyway, that is perhaps Mr Brown: No, I think it may have just been something that we should take up separately. about the second time. There might have been an (Intejection by Mr Brown) Thank you. earlier occasion, but that would have been a couple of years back. We have not really been adding to our Mrs Hannan: Could I ask about section 18? This playground equipment stock, I have to say. is section 18 of the 1991 Town and Country Planning Act, about which - I think it is point 1 in your letter - Mrs Hannan: And have you any proposals for you stated, ‘On any new housing estates, provision providing facilities anywhere else? should be made by the developer for properly designed play areas to facilitate the safety of children in that M r Brown: We are very stretched for the number specific area’, and section 18 would actually enter into of areas where we could provide playground facilities an agreement with a developer. You have also said that within Castletown. As I say, our main area of concern the provision of such play areas should be a condition at the moment is a skateboard park, and that will not of any planning approval granted, and that could come cheap. always also . . . Section 18 of the Town and Country Planning Act 1991 will go out when section 13 of the Mrs Hannan: Right. You also said in your letter, Town and Country Planning Act 1999 comes in, so it ‘Mainly in primary schools, consideration should be is just a continuation of that, but that should help. It is given to making all playground areas all-weather the department which enters into an agreement with surfaces and of a specific size in order to let a any person having an interest in land, and I would have multitude of sports be carried out, not only during thought that in an instance such as that, if it is the lesson time but also during break time.’ The school is department that is developing it, it would be for the quite central; is it used during holiday times? local authority to discuss, in the planning conditions, that they would, in actual fact, provide equipment or, if M r Brown: Not to any great regard, no. Not not equipment, at least a larger grant than the 25 per particularly. 1 do not think it is utilised as it should be, cent, because they are developing it. And also, I think perhaps. the Director of Planning suggested that early discussions with local authorities should take place on Mrs Hannan: It is just that with it being central, any planning application, so it is surprising that (Mr Brown: Yes.) that might have been an area, Castletown Commissioners have not had an early maybe not for skate parks, but - discussion and a satisfactory outcome, you might say of this particular area to be developed. M r Brown: No, but again it comes down to . . . I know it is something that should not be at the back of 25 your mind, but these days, with more and more cases within our staff we can rectify most of the minor of litigation, 1 am always concerned about the fact that problems. if it was opened to children and one of the children had an accident, there would be claims against the Board of Mrs Hannan: For an intricate part of the Education. But then would it come back on Castletown equipment such as that, would the supplier fit it or do Commissioners because it was Castletown your staff fit it? Commissioners who originally instigated using those areas for playing? In the UK, I am led to believe that M r Brown: It depends on the age, but normally an awful lot of playgrounds have been closed because the supplier would provide the part and it would be up of the number of instances of people suing local to our staff to fit it. governments. You could probably tell me whether that is correct or not; that is my belief. Mrs Hannan: Okay. Have you got anything else? Mrs Hannan: You can sue, but you are not M r Henderson: No, nothing further, thank you. necessarily successful, but one of the difficulties might be that the play area has not been properly supervised M r Cretney: No, thank you. with regard to being dangerous or whatever. M rs Hannan: Thank you very much. M r Brown: But if we were to open up the school, then we would have to make sure that it was properly M r Brown: I only have one other. supervised. Mrs Hannan: Oh, yes, do, if you want. Mrs Hannan: Well, what we understand from the Department of Education is that schools’ fields are Mr Brown: I will only keep you a couple of available. Young people do go on to the schools, and I minutes. Before I had this meeting, I was thinking - think it is felt that if they are not thrown off, then they and I must admit I was not sure whether I should have will respect the area more so than if they are told, ‘Get or not - that I was going to go to Victoria Road off here.’ They might come back and break windows Primary School and perhaps have a word with the and the like, so I think that is where we are coming headmaster to suggest that maybe, as one of the from there. With regard to safety standards, do you projects for the children, they could have either written bring anyone in to supervise? Are playgrounds an essay on what they wanted for playground inspected on a regular basis? equipment or else perhaps done it as an art competition. But then I thought that rather than just Mr Brown: They are inspected. Probably the being isolated to Castletown, I just wondered whether equipment is looked at about twice a month, so we are you had had any thoughts about spreading it out for the aware if there are any problems and make sure that - Island, really. I know what I think children want, because I read brochures - and believe you me, I get a Mrs Hannan: What about litter-picking and that heck of a lot of playground brochures - but these are sort of thing? just pictures of happy children playing on a piece of equipment that surprises me that they would be happy M r Brown: Yes, our outside staff go around and playing on. I do not really know what children would make sure that Poulsom Park is tidied on a regular want these days by way of equipment. What I tried to basis and also the bowling green area. put in the letter is the fact that it is very hard to gain their attention and once they have played on a piece of Mrs Hannan: And there are no great problems equipment for maybe a couple of hours, they may get with either of these areas? bored with it and want to move on to something else. What would have satisfied me when I was a child does M r Brown: As I say, it is very minimal, really. It not have the same satisfaction for a child these days is kids with bags of chips throwing them at each other, because they have got such a variety of toys to play but it is small and isolated and occasional, not on a with, but I do not really know what children want other regular basis. than from reading these catalogues, and I just wondered whether you had had any thoughts about Mrs Hannan: Right. And if there is a problem spreading it out to the children to perhaps design and with the play equipment, how soon would it be devise. upgraded? Mrs Hannan: It is very difficult, in this day and M r Brown: It depends on the nature. We had a age. As an ex-Minister for Education, I am very problem with a chain bridge; one of the chains went, understanding of the pressures that are put on children and obviously we had to go back to the manufacturers these days - and by the schools - and so asking them to to get that replaced. That took a little while, but usually do something like that would be very . . . The 26 curriculum is so tight. (M r Brown: Right.) So, yes, it with the Department of Tourism and Leisure in respect is a good suggestion that we should be listening to of the wildlife park, where they have got an indoor them, but we are talking to a number of people, as I play area. I did a little bit of an inspection there, have said - planners, local authorities - about what they investigation, and advised the staff on how they need have provided and what is used by children. And we to comply with the latest standards, and things were have had it put to us that they just want to kick a ball satisfactorily resolved. On other occasions, basically it about or just want to gather somewhere and are quite is just passing information on. Mr Lo Bao, for happy just sitting on a step somewhere. There are all instance, has asked for information for the committee sorts of different needs that we are trying to look at, and, in my capacity as government’s adviser, I have but certainly I know that Mr Cretney and myself over sourced that information, filtered it through and passed the years have felt very concerned that there has not it on to yourselves, and that is about it, really. been provision in developments for the needs, and we are trying to look at active children who are outside Mrs Hannan: Right, thank you. So you do not and do not necessarily have their parents with them. regularly inspect playgrounds? M r Brown: Yes. We seem to provide slides and M r Ellison: No, I am not a qualified person to do wobbly rabbits or whatever for kids who probably are that. In my new role as a public sector health and about up to eight, but for teens - and this is why I safety inspector, it does come under my remit, so I will asked what age you thought children go up to, if it was be doing that; I will be taking that on as I get teens and, as you say, up to 18- there seems to be this established. gap that we do not really provide very much at all for them, especially from about the 12- to the 18-year- Mrs Hannan: Right, but I thought you said olds. initially that you were not qualified for that? M rs Hannan: But in some areas we do not even M r Ellison: No, but as an enforcement officer, I provide for the younger ones, so we have a real will go and ask the relevant questions of the managers difficulty. Thank you very much. of these sites, to make sure that they are carrying out their annual inspections, for instance, with competent M r Brown: Okay, thank you. persons who have got the paperwork in place and it has been duly recorded that it has been inspected, any maintenance requirements and things like this. So, I will go in with my capacity under the health and safety Evidence of Mr R Ellison law that we have here on the Island to make sure that they work to the best standards, basically. So, even Mrs Hannan: Well, thank you very much for though I am not an expert in playground equipment as attending. At the outset, could I just quickly go over such, as an enforcement officer I will check that they the provisions of the select committee: it was set up in do meet all the safety requirements. May in Tynwald, and it was resolved that a select committee of three be established to investigate the Mrs Hannan: Right. And who would inspect? extent of provision for children’s playground facilities across the Island and to examine what might be done Mr Ellison: It would be one of the recognised to further improve the provision. And as members of companies that are identified by the likes of ROSPA or that committee, Mr Henderson from Douglas North, the National Playing Fields Association, who identify Mr Cretney from Douglas South and myself, Hazel these competent persons. One that was passed on to Hannan from Peel, are looking at this provision. Could me, literally yesterday, from the Education Department I thank the Health and Safety Inspectorate for being is a company called SMP. I am sorry, I do not know with us this morning. Mr Ellison? what the initials stand for, but they provide a service and they will send their engineers, their competent M r Ellison: That is correct. people, over to do the inspections et cetera. Mrs Hannan: Right. I wonder if you could start Mrs Hannan: Right. Are you aware of any off by letting us know of your involvement in play playgrounds here that are sub-standard? areas. Mr Ellison: No. From the little investigations I Mr Ellison: Right. Well, I have been with the have made following this invitation as such, I have had Health and Safety Inspectorate for about two months a chat with the safety officer at the Department of now. I transferred from the personnel office, where I Education, and I must admit that I am well impressed was the government’s principal health and safety with what the schools do. They do apply the latest adviser. My involvement has not been great, really. I European standards for selecting the equipment, would say that in a practical sense, I did get involved acquiring the equipment, installing the equipment and then inspecting and maintaining the equipment. I was M r Henderson: Okay, thank you. That is all I well impressed, and I was given lots of information have. from the education sector. Similarly, with the Department of Local Government and the Mrs Hannan: Okay. Thanks. David? Environment, I had a chat with one of the guys there at the housing, and he does the same. He brings in an M r Cretney: No, I am fine, thank you. external contract or who carries out the inspections and the maintenance. So, it seems very well managed, but M rs Hannan: Right. Is there anything you would that is purely on just asking the right questions. I will like to add? need to go and inspect myself. Mr Ellison: No, I think that is about it, really. Mrs Hannan: And are you aware of any What 1 have done is that I have put together a bit of a prosecutions that have taken place with regard, to play paper for the committee, if that is going to be any help areas? to you. M r Ellison: No. Right, yes. This colleague here Mrs Hannan: It would be, yes. Thank you. next to me is saying local authorities have had some difficulties but there have been no prosecutions. I did Mr Ellison: I just really have bullet points, ask a colleague of mine, who I believe did get involved because I have gone through quite a pile of legislation in one inspection where a young child had fallen on as such. I think you have had the legislation anyway in some concrete at the edge of a play area. This was the documents and so on, but this just pulls it out a bit, provided by a charitable organisation, so that was a bit so it might be of some help to the committee. of an issue. It never got through to a prosecution as such. That is the only one 1 have heard o f Mrs Hannan: That would be lovely. Thank you very much. Mrs Hannan: Okay» thank you. Mr Henderson? M r Ellison: Okay? Mr Henderson: When somebody, say a local authority, installs some equipment, they have bought . Mrs Hannan: Thank you. That finishes the public the most up-to-date equipment - it has got the ISO part of our deliberations. Thank you very much for numbers on it or whatever and it is up to the required your attendance. standards - and they get somebody to put it in, how do we know that that has been installed and put in correctly? Is that something that would come under your remit in the future? M r Ellison: Well, 1 would ask that, as a provision, part of the exercise that this local authority would have to do would be, under the guidance, to go to contract with a suitable provider, and they would have to demonstrate to that client that they are competent to do the job, that they would provide it, it is made to the standard of the European standard and it will be installed to that standard as well, and that is the only way they can satisfy that. Following that, I would go in and check that it is properly installed to the best of my knowledge - it would be pretty obvious if it was not - and also that it is managed properly and that its maintenance records and the inspection records and so on are there. The guidance, basically, is quite brief on selection and installation: it is just that it is manufactured to the European standard and it is installed to manufacturer’s guidance, and that is it, basically. M r Henderson: That meets the requirements. M r Ellison: That meets the requirements, so they should have the competent people to install their equipment. 28 My following address is to high light the inadequate facilities for teenagers on council estates. I have lived in Anagh Coar for about 10 years, before here I lived in Pulrose. As I have grown up in Anagh Coar there have been no facilities in this area for teenagers, and as I have grown older I have realised that the young adults who are drug addicts or known criminal in this area where once ‘hanging around’ at my age because they where bored due to the lack of facilities and to be perfectly honest I think we all can expect a repeat of this soon if something is not done to address the situation. I for one especially found life boring on this estate as did my friends again, due to the lack of facilities; the way we used to entertain ourselves was by getting a chase of people or often the police, at the time it was such fun, now when I look back on it I often laugh to myself for our stupidity. I’ll hold my hands up when I was about 131 was no angel, getting a chase was ace because as there was nothing to entertain us we used to entertain ourselves at other peoples expense, but when 1 got to 161 thought this was stupid but nobody was doing any thing to help cure the problem. 1 recall my friends and 1 where out playing golf one day when one of them noticed a pair of moveable goal posts at kewaguie school, that night they got robbed by a couple of lads and brought back up to Anagh Coar, two weeks later the police confiscated them and took them back to the head teacher of Kewaguie school, Pulrose police explained to him why we had taken them.... To keep us occupied, the head teacher was very understandable and never wanted any further action to be taken upon us, criminal wise. Instead he told the Police if we still want them we could have them as long as a small group go down and see him. Three others and myself went down and he said as long as we look after them and return them when he asks he sees no problem in us borrowing them. When we got the goal posts back to Anagh Coar we explained to the others what the head teacher had said and everyone was very grateful, we placed the goal posts on the link, a field in the middle of Anagh Coar, because now we didn’t have to keep hiding them. Everyone looked after them, and when we weren’t playing with them the younger ones would and they too would respect them, everyone was proud because they felt as if they helped get the goal posts for everyone to use (even though they were nicked in the first place) The teenagers kept rotating the nets so the grass had a chance to grow again where they had being playing, thinking of the area. One day we where all at school and Douglas Corporation came up to cut the grass, at the same time they took OUR nets and goal posts away, they were confronted by a resident, who explained to the corporation workers, the nets had been keeping us out of trouble, which they had, but still the corporation took them away. The same resident who confronted the workers told me, so 1 phoned the corporation and explained what had happened, I got transferred to the Parks and Garden department, I explained to the gentleman on the phone that the nets nor the goals belonged to us, and they were a good way of keeping us out of mischief, the only way I could describe the gentleman’s attitude was arrogant and rude, he basically told me he never cared less, and we are not having them back as we did not ask permission to put them up. Various people tried to get them back including the police, residence and the local shop manager but to no avail. ______. ... ------ Trouble started again but I was determine to make something happen and spoke to Pc Paul Brian at Pulrose Police Station about forming a meeting with the kids to sort a strategy out, he said it was good idea and to form a tempory youth committee because a public meeting was coming up about the behaviour. The meeting was attended by Pulrose Police, Inspector Young, Betty Quirk and Michael Dooley from Douglas Corporation, David Cretney MHK, residents and all the teenagers involved, I was asked would I be the spokes person for the teenagers in the meeting. During the meeting the goal post issue was raised and a council repersentives said this was outside their control, however Michael Dooley said he would try his very best to get us a proper set of goal posts, which got erected about six months later..... Thanks to Michael Dooley, he was of great benefit to us and actually cared. From this meeting a lot of positive points came out of it, the teenagers found out what people actually thought of them at that moment in time...... trouble makers, so everyone tried their very best to try and prove them wrong, which they did, also we got the goal posts we wanted. Shortly after the meeting I was lucky enough to get invited to a police seminar at the villa marina about Young people and crime, here I spoke to Inspector Young about Anagh Coar, and praised the work of his police officers in Pulrose. He told me that in a different part of the Island residents in this certain area were sick of young people banging around a bus shelter, the actions he helped take was to get a bus shelter erected some where in the area where the children could hang out without bothering anyone, he said this was a great success. This example just goes to show a simple answer is the cure to a big problem, as long as the teenagers have an input. During this seminar Inspector young and I had a lengthy conversation about the Buss Buzz, he ask me to see if the teenagers where interested and if they where he would try and arrange for it to come up Anagh Coar. The teenagers where interest and very delighted about the offer, in fact one of the boys with the most influence in the group asked me to thank Inspector Young, which I did. The Buzz Buss started to attend on a Thursday evening and it was attended by all of the boys who where, WHERE branded a trouble makers, and to this day it still attends Anagh Coar every Thursday. When the Buzz Buss is in Anagh Coar I work on it so I still have an influence in the Anagh Coar teenager and always know what they are up to, at the moment the boys would like an a five a side Astroturf pitch with flood lighting as where they play football now is rather tatty looking because the goal posts are permanent causing the grass to be worn, that is all they ask for, which if it keeps them out of trouble then let them have it One of my projects at the moment is forming a permanent youth committee in Anagh Coar, I hope to get the local businesses involved, police, Douglas Corporation and a few resident, because having heard my Colleagues experience with the western project I feel that this type of committee would be of great benefit to everyone in Anagh Coar, and also the teenagers and children have their chance to get their voices and opion’s heard. Here I would like to thank Pulrose Police, espically Rose Joyce, Paul Brian, Ian Me Donald and Inspector Young for their dedication and advice, if it wasn’t for them none of the advances in Anagh Coar would have happened. Thanks to the Headmaster at Kewaguie Primary School for the loan of the nets, and thanks to Michael Dooley for campaigning for goal posts in Anagh Coar, these thanks don’t just come from me but all the teenagers in Anagh Coar. Thank You I am pleased to be able to give oral evidence here today representing the Isle of Man Constabulary. I am a Home Office qualified Crime Prevention Officer and Architectural Liaison Officer and as Crime Reduction Manager for the Constabulary have responsibility for strategic crime reduction issues and as such believe it is vital that the Police have a voice. I believe that decisions or recommendations made by you could ultimately lead to a rise or fall in both the fear of crime and the chances of crime occurring. There are three points that I would like to speak to you about today; • The isle of Man Constabulary Architectural Liaison Officer should be involved in the planning process of any new playground or in the refurbishment of existingplaygrounds. • Facilities should be provided for children of all ages. • Consultation with the local children is necessary! My first point is that an Architectural Liaison Officer should be involved in the planning process of any new playground or the refurbishment of existing playgrounds.. Before coming here today I have researched incidents of crime and anti social behaviour linked with playgrounds and parks around our island. It would be fair to say that levels are quite low, with most crime being of a damage and nuisance nature. It is important to realise that on our island we have survived with low levels of crime in a lot of cases because of the lack of any motivated offenders, to further explain this; our island environment provides locations for crime and potential victims but luckily we don’t have many persons on the island who would take advantage...... yet. Example: We happily exist with post office counters with little or no security in country locations with members of our elderly community running them. Potential victims are there, locations are there, but luckily we have no motivated offender, if there were we would have a lot of crimes because we have failed to look at the potential. In the case of playgrounds, if our island was subjected to a motivated paedophile would our recreation facilities provide ideal locations and a host of vulnerable victims to attract such an offender? My message is simple, we should not be complacent and ail agencies should work together for a safer island environment Simply put Prevention is better than cure. If I could explain further explain that, Architectural Liaison is concerned with bringing about crime prevention through environmental design, a concept that acknowledges that the built environment can influence criminal behaviour for good or ill. It can also influence a persons ability to exercise control over their surroundings. Using theories and concepts such as ‘defensible space’ and “territoriality* it is concerned with enhancing those design features which support community interaction and good surveillance, whilst simultaneously denying the criminal anonymity, unhindered access towards targets and easy escape routes. These principles have the advantage that they can be applied to existing sites and to developments at the planning stage. It is for these reasons that I submit to you my first point that an Architectural Liaison Officer from the Isle of Man Constabulary should be involved in the planning process of any new playground or the refurbishment of existing playgrounds. My second point is that facilities should be provided for children of all ages. There are many facilities in existence on our island for the under 12 years of age group, but where will they play and meet in a few years’ time? What facilities are there for over 12’s? Many people in our local communities view groups of young persons as being frightening and rightly or wrongly blame them for the damage, graffiti and nuisance behaviour To some people three or four youths sitting on a park bench or at a bus stop appear intimidating. This can effect everyone’s quality of life and causes conflict between generations. It would appear that the vast majority of local authorities provide playground equipment for young children, yet often spend vast sums of money repairing damage to it following abuse by the older children. Complaints about youths congregating near shops and community buildings, or playing ball games among the houses and cars are frequent and difficult to resolve. ‘No ball game’ signs are then put up, but can they be enforced? The problems become exaggerated and the public expects enforcement of the rule, but the cause of the problem is usually overlooked. The Police are called to deal with these problems but unfortunately are often ineffective in providing long-term solutions. The short term solution of moving the young persons on is not effective as they merely move back as soon as the police have left the area. This process does no more than frustrate everyone involved. These conflicts can escalate and get out of hand sometimes resulting in offences against people and their property. Young children want to play football and it is easier to use a wall as the goal when only a few people are playing. When this wall is part of your home it is very annoying. A simple wall to kick against can easily be included in a playground facility. This simple provision will in itself reduce nuisance in housing areas. The other side of the wall could be made into a climbing wail or have a basketball hoo0 placed on it. There are many manufacturers now who provide these facilities. ‘Hanging out* is part of the natural process of growing up, it is an intermediate step between the comfort and protection of their family home and the complete independence of adult life. If we do not cater for this need to 'hang ouf by offering suitable locations and structures, then young people will continue to frequent places not intended for them. This will result in confrontations and complaints and can lead to a spiral of anti-social behaviour and potentially the start of a criminal record. The problem caused by the gap in local recreational facilities covering the adolescent years is frequently increased by the lack of free alternatives that are open for casual use. Clubs and youth organisations although popular open for a few hours each week, which means youths have to find something to do for the rest of the time. Young people need to socialise and become integrated into their communities. If we do not facilitate this process we may be storing up problems for the future. It is for these reasons that I submit my second point that facilities should be provided for all ages. My third point is that Consultation with the local children is necessary! To ensure the provision of a quality facility that will be utilised, consultation is required with all interested parties. Many agencies will be consulted by The Architectural Liaison Officer as a matter of course. For example: if a playground was planned to be situated anywhere near a road, he would feel that The Road Safety Unit would need to be involved to address any road safety issues. Ordinarily the local authority will consult with their local community. They must find out if the nearest residents will aft least tolerate the facility. If the community have no understanding of the principles behind what is trying to be achieved then they may fight against it. Why should the same kids who hang around at bus stops being a nuisance, be provided with brand new facilities? Parents obviously have to be consulted, as they may not allow their child to go and use the facilities because of some misunderstanding they may have. But one party that is often overlooked is the local children themselves. Young people resent being seen as a problem and often consider themselves as the victims being wrongly accused of anti-social behaviour. They complain about a tack of facilities and often wish to be involved in finding solutions to the problems, so that they are not victimised. Young persons often congregate in the play area they grew up in. however, they now feel little respect for the equipment and are more likely to damage it rather than play on it Younger children stay away from the facilities provided because they feel intimidated by the older children. Adults tend to assume that young people need youth dubs and other structured, often expensive, activities. This is not always the case. So why do we not ask young persons what facilities they would tike and where they should be located? In cases where young people have been consulted, in mainland England, their requirements are often surprisingly modest - just somewhere dry where they can meet their friends, away from parents and other adults, where they wont get any hassle and are safe. On the mainland and indeed in limited places on the island a simple shelter with seating located in a safe place is all that has been provided and has turned out to be very popular. If children are not consulted then there is little hope of them taking ownership of the facility, least of all use it Other ways of consulting and including the children is to use their local school. For example; A design competition could be organised An English language class could write letters to potential sponsors (if required) A maths class could evaluate the data The geography students could survey the potential sites The debating society could be engaged to establish what is exactly required Technical drawing (or as I believe it is called now Geometrical and engineering drawing) students could make scaled drawing of the winning designs from the design competition Sixth form students could be engaged on work experience placements to the departments of government where decisions were to be made regarding the facility The list is limited only by the imagination. Ongoing ownership needs to be addressed, but this can easily be done. The next age group could be involved in re-painting the facilities or raising money to upgrade or modernise. Ultimately the facility may not be the most important part of the project; the process of involvement and empowerment may do more for the young people involved than the facility itself. It is for these reasons that I submit my third point that Consultation with the local children is necessary! I am unfortunately coming to the end of my time as Force Crime Reduction Manager, therefore I would ask that any further correspondence on this matter be addressed to Police Constable 52 Mike Raddiffe. PC Radcliffe holds the same qualifications, he is currently working alongside me, and will be taking over my post in due course. Questions that are likely to be asked: 1. Do the police often get called to existing playgrounds because of trouble? If so wtiat sort of problems occur most frequently? By quite a margin the usual reason the police are called to a playground is to take a report of crime after the fact, so when it has been discovered rather than at the time of the offence. The crime that is most often reported is Criminal Damage, this is to flower beds, windows in park buildings and facilities for younger children. 2. What are the views on the wisdom of lighting playgrounds at night? There are two ways at looking at this issue, the first is that if you do not want the facility to be used out of day light hours it probably wont be if it is left in the dark. However, this would not stop any would be offender who would be delighted by the lack of chance of them being observed. Offenders ask themselves; Can I be seen? If I am seen, will I be noticed? If I am seen and noticed, will anybody do anything about what they are seeing? If the answer to the questions are yes, then a crime is less likely to occur than if the answer is no. There is little point in lighting up an area if no one will observe the persons in the illuminated area. Consideration would have to be given to lighting pollution. Lighting does provide an increased level of safety and would bring about more use of the facility during for example the winter nights. If a time were agreed with local residents notices could be displayed to the young persons that lighting will be switched off at a certain time. Obviously, for safety, lights illuminating the path to the facility should remain on for a period after this switching off. 3. From the crime prevention point of view, what issues should be considered when deciding the location and equipping of new playground facilities? Location is important If the site is to be used by young persons, it is likely to generate noise. Therefore it should be sited far enough away from housing as to not generate complaints. But it needs to close enough to nearby housing so as to ensure any motivated offender feels that they may be observed and therefore thinks twice about committing crime. The Location should not be too close to the road for road safety reasons, but also dose enough for access by the emergency sen/ices. In every park there will be some form of permanent fixture, be it tree, bench, swings or climbing frame, all are open to damage. All equipment, whether it be play equipment or bins, should be of robust construction and firmly secured to the ground. Most modem playground equipment is supposedly Vandal resistant1. Say no to strangers notices should be utilised in the areas for younger children. The young childrens play area should fenced and have only one entry/exit through a child friendly gate. Eg no finger traps or crush points. Seating should be provided outside of this area. Young trees will almost always be damaged in some way, snapped, trodden on etc. Use shrubs with prickly thorns such as berberís, holly or hawthorn around tree planting areas or to provide a more aesthetically pleasing banier than a wall. Bicyde parking fadlities should be thought of, so that bike theft does not become an issue. Graffiti should be removed as soon as possible after discovery, same with broken windows. 4. What role do you think the police should play in the initial stages of designing a development and siting a playground within it? I believe that the earliest introduction of an Architectural Liaison Officer would benefit the whole project and lead to a quality fadlity being provided. A fadlity that would not generate crime and anti-social behaviour but on the contrary would reduce the fear of crime and the opportunity for persons to commit it It is not that the police wish to tell the architect how to design playgrounds, that is not our expertise. We have knowledge of crime and the criminal and this is how we are able to comment on a design. it is easier to comment on a design at the planning stage rather than try and bring about alterations once a site has been chosen, pathways and gateways are already in existence etc. It may be a comment on material used on pathways. For example if a pathway is going past a bowling hut or a café shop that would obviously have plate glass windows, the path should not be made of a material that would give ammunition to someone to cause criminal damage, for example loose stones. This is the way the pdice think, I would not expect an architect to consider these issues as important, but they obviously are to the police. This example is a very simple way of designing out crime before it ever happens. Select Committe for Playground Facilities for Children 1 would like to talk to the Committee of the work that the different agandes working with young people have done to provide a ‘Youth Culture area in Peel. The Youth Culture area which is situated around the old Marine Hall and former swimmingpoolsite, now contains a 5-a-side football pitch, a skate park, abasketball park, a BMX track and the Western Bus, "the Planetarium’. Future plans include fencing, floodlighting and a sexy shelter. Howthe project has come about is the result of insight, intuition, hard work, good fortune, but critically liaison between the different agencies working with young people in Peel. The insight came from individuals who appreciated that there was a gap in provision for youngpeople in Peel in their leisure time. Out of this came the Planetarium, a single decker bus which is a drop in facility for teenagers. The Planetarium is the brain child of Syd Barry, who used to be the police seargent serving in Peel and Dave Bromilow, from Peel Commissioners. Regularly now 30-40 young people used the bus on a Thursday, Friday and Saturday evening. The Peel Police with Dave Fletcher and Tony Paxton, appreciated the need for teenagers to have street sports, out ofwhich came the 5-a-side football pitch and the basketball park. The skate park was funded by Peel Commissioners, and is probably the foacl point of the area. The detached youth workers provide support for the youngpeople on a Friday evening, the most crucial eveningin terms of problems. There is also an Inter-Agency group which includes the Head of Q.E.H, the Head of Peel Clothworkers, the Police, Health Services, Commissioners,youth workers, detached youth workers, western bus youth workers, social services and the local M.H.K. Their aim is providing support foTyoung people by liaising with their fellow professionals. An indication how successful this ‘joined up’ working has been can be evidenced by the fall in juvenile crime in Peel. The main thrust of the youth culture area though is thatyoungpeople have been involved with project from the beginning. PaulYoiing Youth Officer Wednesday, October 30,2002 A ppen d ix 9 Summaries of the Committee's site visits October 2002 and March 2003 S elect C o m m it t e e o f T y n w a l d o n P l a y g r o u n d Fa c il it ie s f o r C h il d r e n Summary of Playground Site Visits 23rd October 2002 Present: Mrs Hannan MHK, Mr Henderson MHK In Attendance: Third Clerk of Tynwald Apologies: Hon D Cretney MHK 1. Time of Visits: The site visits began at 4pm on a cold but dry_afternoorvand-concluded at approximately 6pm. All visits were undertaken in daylight. 2. Itinerary: The following playgrounds and play areas were visited: Douglas - Nobles Park Douglas - Governor's Hill Braddan - Snugborough Marown; Peel - West View Peel - Marine Parade Peel - Kerroo Coar 3. Procedure: At each site visited the Committee examined the variety and condition of play equipment provided, the playground surfaces, the provision of fencing, seating and benches, the location with respect to adjacent housing. In addition where children and adults accompanying children were seen they were spoken to and asked if they felt the facilities were adequate and what might be done to improve the playground/play area. In addition Mr Henderson took photographs at each location. 4. All the sites visited where play ground equipment was found had the modem safe soft surfaces underneath the equipment to minimise harm to any children who fell. Therefore no further comment will be made about the surfaces beneath playground equipment. 5. Individual Site Reports: (a) Douglas - Nobles Park: Three play areas were examined, the large playground for children over the age of 8, the Tots Lot for those under 8 and the skateboard /roller blade park. The whole site is well away from local housing. The large facility for those over 8 was excellent with a good variety of well maintained equipment including some of the latest playground equipment such as the Rocket. The site was well laid out and the surfaces were of a good standard, safety features were in evidence as were litter bins and benches. One person spoken to who lived in the south of England commented that the facilities compared well with the best he had seen in the U.K. The Tots Lot was again well equipped and maintained with plenty of play equipment for the younger child. Safety was clearly a priority . However the Committee was somewhat surprised to learn that there is normally an entrance charge of £1 to use the facility, although on the day of our visit it was not being collected. The skateboard and rollerblade park had a poor surface in places which some of the young people using it commented on. The general opinion of those using it at the time of the visit was that the skateboard jumps were adequate but that the facility does get crowded at week-ends. The Committee understands, from talking to one young person, that there is a Skate Park Association which holds regular meetings to allow the users of the facility to discuss their needs with those who provide the facility, the Committee believed this to be an excellent idea. (b) Douglas - Governor's Hill Playground: This was a small site which the Committee felt to be lacking in several respects: (i) it was too close to housing and may therefore be the cause of noise for the residents of those properties; (ii) it lacked a path to reach the entrance meaning the grass area in front of the entrance and the entrance itself was very muddy; and (iii) there were no facilities for older children to play and as a result the Committee observed a number of older children playing football in the adjacent school car park. However the play equipment itself was modem and well maintained and the site was well fenced. It was a good play area(subject to the above problems) 2 for younger children and according to those using it at the time was generally quite popular. (c) Braddan - Snugborough Playground: This playground and adjacent basketball court, was well away from housing and was the only one visited that had lighting. It was well equipped for children up to the age of about 8, well maintained and had good surfaces. The one child present during our visit told the Committee that it was generally well used. However the Committee wondered whether it was a little too isolated which may discourage parents from allowing their children to visit it, and it was clearly not suitable for older children. The needs of the older children were catered for through the basketball court adjacent to the playground and also a large seat and grafitti board located near the Commissioners Offices. (d) Marown Playground: Once again this was well equipped with modern play equipment and well maintained. The Committee noted the provision of an inner area for younger children fenced off from the main area, and also noted the provision of toilets, benches and a picnic table. The site is away from local housing and also had good surfaces. The Committee felt that this was a good example of what small local authorities could be expected to provide. (e) Peel - West View: This site included a small equipped play area and an open space suitable for playing football etc. The Committee felt that the open space area could easily be enhanced by the provision of some goal posts. The actual playground equipment was modern and appeared well maintained and on a good surface. The Committee felt that the decision to close off of the entrance gate leading directly onto the road was a sensible one increasing safety for children using the facility. The facility, was reasonably close to housing and the grass open space in particular might cause some noise for nearby home owners. (f) Peel - Marine Parade: This site was equipped for older children including a skateboard area, basket ball court and small football pitch, in addition to the drop in bus. There was also a BMX track at the top of the hill. The area was well away from local housing and therefore unlikely to cause any noise problems. The Committee observed that the surface was poor and even dangerous in places with evidence of the foundations of the old Marine Hall being clearly visible. However the aim behind the provision of these facilities was 3 commendable and the Committee understands that there may be further development of the site by the provision of an all weather football pitch and a better surface in due course. (g) Peel - Kerroo Coar: Without doubt this was the worst site visited and an example of how not to site and equip a playground. The area was enclosed by houses or garages on three sides and the houses were very close to it. An attempt had been made to install a safe play surface but sadly someone had ripped part of this up and the rubber tiles were noted thrown around the site. In addition the site was very boggy and contained no play equipment at all apart from one old climbing frame. The Committee considered that the location was entirely unsuitable for a playground, but if one was to be located there a total redevelopment would be required. PLB 241002 4 S elect C o m m it t e e o f T y n w a l d o n P l a y g r o u n d Fa c il it ie s f o r C h il d r e n Summary of Playground Site Visits 26th March 2003 Present: Mrs Hannan MHK, Mr Henderson MHK, Hon D Cretney MHK. In Attendance: Third Clerk of Tynwald 1. Time of Visits: The site visits began at 10.15am and concluded at approximately 4pm All visits were undertaken in day light houxs and dry weather. 2. Itinerary: The following playgrounds and play areas were visited: Douglas - Anagh Coar Braddan - Farmhill - Clybane Playground Ballasalla Playground Castletown - Poulson Park Castletown - off Malew Street Port Erin - adjacent to the Railway Station Port Erin - Breagle Glen Skate Board Park Port St Mary Playground Jurby Playground Ramsey - Mooragh Park Ramsey - Coronation Park 3. Procedure: At each site visited the Committee examined the variety and condition of play equipment provided, the playground surfaces, the provision of fencing, seating and benches, the location with respect to adjacent housing. In addition where children and adults accompanying children were seen they were spoken to and asked if they felt the facilities were adequate and what might be done to improve the playground/ play area. In addition Mr Henderson took photographs at each location. 4. All the sites visited where play ground equipment was found had the modem safe soft surfaces underneath the equipment to minimise harm to any children who fell. Therefore no further comment will be made about the surfaces beneath playground equipment. 5. Individual Site Reports: (a) Douglas - Anagh Coar: The Committee understands that the original playground site was too close to houses and therefore the playground was moved to the present location. Even so it was still surrounded by housing, although none of the houses physically adjoined the site. It consisted of facilities for toddlers and younger children providing the usual range of play equipment which was in a good condition but accessed via grass and not a proper path. There was also a partially fenced area for older children to play football in, although the Committee was a little puzzled as to why the fence did not extend round the four sides of the site and only covered the two goal ends. Clearly balls could bounce off the site and possibly hit the nearby housing. The Committee was told that some older children had been trying to make a BMX site at the upper end of the playing area but that the Corporation had sought to re-instate the grass that had been dug up. This indicated to the Committee the issue of lack of provision for older children which is evident at so many sites. The Committee noted that the playground itself had lighting enabling it to be used in the winter evenings. (b) Braddan - Farmhill (Clybane) Playground: This playground was situated on a piece of ground reasonably close to some houses. It was quite well equipped for toddlers and younger children with the normal range of play equipment which seemed to be in a fair state of repair. There was a small open space area which older children could use for playing ball games, but one resident informed us that when they did so the balls often hit the side of his property. This part of the site was fenced on three sides the fourth having a high earth bank. There was paved access to it. There was no lighting on the site. (c) Ballasalla Playground: This was a small playground facility with housing fairly near to, but not abutting the site. It was fenced in and the Committee noted the double entrance gate which was a useful safety feature. The equipment was designed for younger children, but there were no facilities for toddlers or older children. There was no lighting on the site, although street lights were positioned quite close to it. Equipment on the site did not always appear to be well maintained. (c) Castletown - Poulson Park: The playground is located in a remote site across the railway line with no housing nearby. To the Committee it well illustrated the dilemma of playground location, sites too close to housing are liable to create noise nuisance but are at least observable, sites away from houses will not create a noise problem, but are also not under observation. To get the right balance between these two points correct is probably one of the most difficult of the issues in playground location. The playground itself was fenced in and well equipped. The play equipment appeared in good order although it was clear some damage had been done to a bench which had a screw protruding from it and could have been dangerous. There was no lighting, and access to the playground was over grass. The field that the playground is located on also has a rugby ground and at the far end a basketball type net which older children could use. There was no facility for skate boarding, and the Committee noted that children in the town often use the front car park of a local school for that purpose. (d) Castletown -off Malew Street: The Committee discovered a nice small playground in the Bowling Green complex, which was surrounded by walls or fences and well equipped for toddlers and younger children. The playground exhibited a notice which informed users that it was designed for those of 8 and under only. The equipment consisted of the usual range of facilities and was well maintained but there was no lighting. The Committee felt that this site could also be a little remote from housing especially as it was surrounded by high walls or fences and it was also not obvious that it was there. (e) Port Erin - adjacent to the Railway Station: This site again exhibited the problem of location, being far enough away from housing not to create a noise nuisance, but too far away for the site to be under easy observation. However the Committee noted that it was lit. It consisted of a fenced in area with a range of play equipment for toddlers and younger children which was reasonably well maintained 3 At the other end of the park there was a small open area with goal posts on it for use by older children, although this area was quite close to the road and could prove a danger if balls went into the road and children ran out after them. To minimise this there was a fence along the road side of the football area. (f) Port Erin - Breagle Glen Skate Board Park: The skate boarding area was situated at the top end of the glen and was fairly close to some housing, which would undoubtedly cause some noise to be heard by the residents. The site was well fenced and lit and consisted of a skate board double ramp as well as a basket ball post. Three young people using the facility indicated that it was well used and much appreciated. However they did point to the poor state of the surface, where the tarmac chippings had come lose and could be dangerous if fallen onto. They also said that neighbours did complain about the noise of the skate boards on the ramp on occasions. (g) Port St Mary Playground: The Port St Mary playground visited was off Fistard Road and adjacent to the golf course. It was well equipped and well maintained, with a fence surrounding it. It was plainly aimed at the toddler and younger child. The site was not very close to any housing again illustrating the dilemma of location. There was also a small hard surfaced area with a basketball post on it for the use of older children, which was nearer houses. The area had a fence behind the basketball post but not to the other three sides of the site. (h) Jurby Playground: Of all the play grounds visited, the Jurby site was probably one of the most remote, being between two housing areas but not close to either. It was fenced in and quite well equipped for toddlers and younger children, although the area plainly was in need of some attention with the grass being very long. There was no lighting although access was via a concrete path to the entrance of the site. (i) Ramsey - Mooragh Park: Without doubt this was one of the best site visited on the Committee's tours. It was well equipped with some innovative items some of which the Committee noted had been manufactured in Finland. It was fenced in but not lit. There was a range of play equipment which toddlers younger children and those aged 11 or 12 might well enjoy using. There was also plenty of adjacent open space which older children could use and of course Mooragh Park includes features like the boating lake which older children may also wish to use. 4 Those spoken to while the Committee was on site indicated that it was a very popular place particularly at week-ends, and also for residents from across the whole Island not just from Ramsey. The only draw back of the site was its location, being very remote from any housing which could pose a danger to children using it or allow misbehaviour to occur without it being spotted. (j) Ramsey - Coronation Park: Once again the Committee was impressed by the facilities of this site. It was on a main road, but protected by a fence and gates. It was also lit and a CCTV security camera was noted. The playground consisted of a well spaced out selection of equipment for toddlers and younger children as well as some open space where older children could play games. The equipment appeared to be modem and well maintained. The site was however quite close to houses in one place with the gable end wall of a house adjoining it. There may be the potential for some noise nuisance as a result, although the presence of the CCTV in that area might reduce the problem. From visiting Ramsey the Committee were impressed by the evident degree of commitment the Commissioners were showing to providing the children of the town with a good range of play ground facilities. PLB 270303 5 A p p e n d ix 10 Department of Local Government and the Environment Isle of Man Draft Strategic Plan Appendix 4 APPENDIX 4 OPEN SPACE REQUIREMENTS FOR NEW RESIDENTIAL DEVELOPMENT A.4.1 Introduction All residential development creates a need for open space, whether located in an urban or rural area; however, it is not considered feasible to request smaller residential developments to make provision for open space either through on-site provision or by way of a commuted sum payment Therefore, planning applications for the development of ten dwellings and above will have to make provision for open space. The exact open space requirement will depend on the individual circumstances and nature of each planning application. Applicants are asked to note that all new residential development must provide adequate standards of residential amenity, including private open space such as gardens and bin storage areas. Meeting the open space requirement in this appendix does not exempt applicants from providing adequate private open space; - A.4.2 The Open Space Requirement The open space standard is based on the adopted Department standard of a minimum of 3.2ha of open space per 1000 population (32 sq metres per person). This standard is further broken down into a requirement per person of: • Formal (e.g. football pitches) 18sq. metres • Children’s (e.g. play grounds) 6sq. metres • Amenity (e.g. Nature conservation areas/Glens) 8sq. metres In order that the open space requirement is related in scale and kind to the proposed development the open space needed is based on: - 1) The potential occupancy of the dwelling; and 2) Who the dwelling is likely to be occupied by Table 1 is used to judge the occupancy of dwellings and the subsequent open space requirement in square metres. Table 1 No. of Occupancy Formal Open Children’s Amenity Total Bedrooms Level Space Play Space Space (sq.m.) 1 2 36 12 16 64 2 3 54 18 24 96 3 4 72 24 32 128 4 or more 5 90 30 40 160 84 i Where numbers and type of dwellings are unknown e.g. applications for approval in principle, the requirement for open space provision will be reserved so that it can be resolved when a detailed application is made. A.4.3 How should the open space be provided? Once the open space requirement has been established it is then necessary to determine how the open space will be provided. There are three possibilities: - 1) Provided on site 2) Provide off site but adjacent or close to the development 3) Provided by payment of a commuted sum to enable the local Authority to provide the open space on behalf of the developer. Where possible, open space should be provided in the first instance on-site or off-site where this would improve the quality of the development and the open space provided. Where the first two options are not practical then commuted sums will be considered Commuted sums can be an important option because it is recognised that for a small development it can be impractical to provide the open space required on or off site as the amounts involved would not create usable areas of open space. Children’s play space requirements will be assessed using the National Playing Fields Association guidelines, which consider the type of play space required and the levels of accessibility. Generally speaking, developments over 20 houses would have to provide children’s play space on-site as well as an appropriate level of amenity open space on-site. A.4.4 How much will it cost? The cost of providing the public open space will be calculated as a percentage figure of the overall cost of providing open space within the development. For example, where no public open space is being provided on site that would be required by the standards, the developer will be required to provide 100% of the cost of the provision elsewhere. Where the off site provision is addressing a shortfall in the overall provision on site, in that areas of open space are to be included within the development, but the full requirement of the standards cannot be accommodated, the applicant will be required to provide the remaining percentage cost. The payment of commuted sums will be the subject of legal agreements under Section 13 of the 1999 Act. A.4.5 How will funds generated by commuted sums be used? Funds can be used to lay out new open space or to improve existing open space. Money generated from commuted sums will be held in an interest earning account and will be used in the same Parish as the development. Exceptions to this may occur where a development borders a neighbouring authority or where open space serves the needs of a wider area e.g. sports pitches. 85 A.4.6 Design of public open space Both formal and informal open space should be designed as an integral part of the development so that it offers recreational value and visual relief and in some cases the focal point. The following are also important considerations in the siting and layout of public open space which should:- • Be defensible but not sited to cause a nuisance to dwellings; • easily maintainable; • be of sufficient size to be usable; • build upon existing linkages to provide green corridors; • incorporate existing landscape features; • provide appropriate children's play equipment; and • be of a design and layout to enable future adoption and maintenance by the Local Authority. The following are examples of the method of provision in line with the Department’s standards: A.4.7 Development of 20 Family Dwellings > Children’s Play Space Requirement - say 400 sq.m a) Toddlers Play Areas (Local Area for Play - LAP) - 100sq.m . b) Equipped Play Areas for children between 5 and 12 years (Local Equipped Area for Play - LEAP) - 300 sq.m > Formal Open Space Commuted Sum for Off-site provision equivalent to 1200sq.m > Amenity Requirement - say 500q.m Landscaped amenity areas, related to children’s open space (buffers) and/or footpath links. A.4.8 Development o f 100 Dwellings Children’s Play Space Requirement - say 1800 sq.m LAP - 2 x 100 sq.m LEAP - 500 sq.m Play Area for older children to comprise equipped area for play (NEAP); kick about area with some equipment. 5-a-side goals, basket ball net - 1100sq.m Formal Open Space Requirement - say 5400 sq.m 86 Not sufficient for 1 No. football pitch so advisable to provide separately as part of formal playing fields, therefore commuted sum for off site provision. Amenity Requirement - say 2400 sq.m Landscaped amenity space related to children’s open space (buffers) and footpath/cycling links - 1600. Nature Conservation area - pond and copse - 800 sq.m A.4.9 Definitions Local Area for Play (LAP) - A LAP is a small area of unsupervised open space specifically designated for young children for play activities close to where they live, which should be within 1 minute’s walking time of home, and catering mainly for 4-6 year olds. Given that children over 6 years old are likely to cause some disturbance to adjacent residents, it is important to ensure that the LAP design discourages the use by older age groups. LAP’S should be appropriate for low-key games such as tag, hopscotch or play with small toys. They should also have seating for carers. Local Equipped Area for Play (LEAP) - A LEAP is an unsupervised play area equipped for children of early school age, which should be close enough to be within 5 minutes walking time from. home. They should cater for accompanied children aged between 4 and 8 years and should also cater for children with special needs. LEAPS should have at least 5 types of play equipment and should be well drained with grass and/or suitable surfaced play surface. Neighbourhood Equipped Area for Play (NEAP) - A NEAP is an unsupervised site servicing a substantial residential area, equipped mainly for older children but with opportunities for play for younger children. They should be located within 15 minutes walking time from homes and cater for children, aged between 8 and 14 years and should cater for children with special needs. NEAP’s should offer at least 8 types of play equipment providing challenges and enjoyment to the appropriate age group, and there should also be areas for kick about, wheeled play opportunities such as skateboarding, bicycles and scooters and a seating area. Activity Zone - The area of land specifically designated for children to use for play purposes, which may not include play equipment. Buffer Zone - The area surrounding an Activity Zone which is designated to discourage children from using it for actual play purposes, and is provided solely to protect adjacent neighbours from potential disturbance through the existence of play facility. It is recommended that dogs be excluded from all play areas, preferable by fencing and dog proof grids. 87 Parliamentary Copyright available from: The Tynwald Library Legislative Buildings DOUGLAS Isle of Man IMI 3PW British Isles January 2004 Tel: 01624 685520 Fax: 01624 685522 e-mail [email protected] Price: £8.60