Planning Bulletin 8

Planning Bulletin Issue Eight June 2000 Playing Fields for Sport Revisited Introduction Planning procedures The first Planning Bulletin, issued in May 1997, focused Since August 1996, local planning authorities have been on playing fields and reflected the English Sports required to consult Sport England (formerly the English Council’s new status as a statutory consultee in the Sports Council) on any planning application for planning process. Since then the English Sports Council development that: has become Sport England, playing fields have continued to be threatened by, and lost to, other forms of G Is likely to prejudice the use, or lead to the loss of development and changes have been made to planning use, of land being used as a playing field. procedures with the intention of allowing closer scrutiny of planning applications involving playing fields. G Is on land which has been: This bulletin provides an update on changes to the used as a playing field at any time in the five years planning process since 1997 and the ways in which Sport before the making of the relevant application and England has approached the ongoing threat to playing which remains undeveloped pitches. It will also identify the practical issues that have emerged from Sport England’s involvement in the allocated for use as a playing field in a planning process and the tools that can be used to help development plan or in proposals for such a plan or assess proposals involving the potential loss of playing its alteration or replacement. fields. Finally, a variety of case studies will demonstrate different aspects of playing field cases and the approach G Involves the replacement of the grass surface of a taken by Planning Inspectors to appeals and ‘called in’ playing pitch on a playing field with an artificial, planning applications. man-made or composite surface. Planning Bulletin June 2000 These requirements were introduced by Statutory remains, regional Sport England staff should be consulted. Instrument 1996/1817 which added the English Sports In December 1998, the Government issued the Town and Council to the list of statutory consultees mentioned in Country Planning (Playing Fields) (England) Direction Article 10 of the Town and Country Planning (General 1998 which applies to any proposal for the development Development Procedure) Order 1995 (the GDPO). of any playing field owned by a local authority or used by ‘Playing field’ is defined in the GDPO as the whole of a an educational institution. The following categories of site that encompasses at least one playing pitch. ‘Playing land are subject to the direction: pitch’ is taken to mean: G local authority land ‘a delineated area which, together with any run-off area, G land currently used by an educational institution as is of 0.4ha or more, and which is used for association a playing field (as defined in the GDPO) football, American football, rugby, cricket, hockey, G land which has at any time in the five years before lacrosse, rounders, baseball, softball, Australian football, the making of the application been used by an Gaelic football, shinty, hurling, polo or cycle polo.’ educational institution as a playing field. Although Sport England has been a statutory consultee for The direction requires that, where a local planning almost four years it is evident that, in a small number of authority proposes to grant planning permission involving cases, notification is not forthcoming from local planning the loss of a playing field despite an objection from Sport authorities of relevant planning applications involving England, the authority must notify the Secretary of State playing fields. Largely, this appears to be due to a lack of who will decide whether the application should be called awareness of the requirements of the GDPO on the part of in for decision. The only acceptable grounds for objection administrative staff or case officers. As failure to consult can by Sport England are when: lead to the quashing of a permission upon application to the High Court within the six-week challenge period, it is G There is a deficiency in the provision of playing clearly vital for local planning authorities to be fully aware fields in the local authority area. of their responsibilities. In the majority of cases, however, G The proposed development would result in such a both the applicant and the local planning authority are deficiency. aware of the requirement to consult Sport England. G An alternative or replacement playing field is proposed that does not match (whether in quantity, In order to identify any likely objections to a forthcoming quality or accessibility) the existing playing field. planning application, potential applicants are strongly advised to consult Sport England’s policy on planning If an application falls into one of these categories the applications for development on playing fields, A Sporting local planning authority must notify the Secretary of Future for the Playing Fields of England. If any doubt State through the Regional Government Office and must 2 Planning Bulletin June 2000 not grant planning permission until at least 21 days after The Town and Country Planning (Development Plans and the date of notification. If the Secretary of State wishes to Consultation) (Departures) Directions 1999 came into intervene a public inquiry will be arranged to consider the force on 30 August 1999, accompanied by Circular 7/99. issues. An example of this process is given in Case Study 5. The directions apply to departure applications that a local Circular 9/98 accompanies the direction and provides planning authority does not propose to refuse and that background to it, although paragraph 4 can confuse the consist of certain specified types and scales of reader when it states: development, such as more than 5,000m2 of retail, leisure, office or mixed commercial floor space, and ‘any ‘Land owned by a local authority which falls within this other development which, by reason of its scale or nature definition (ie as set out in SI 1996/1817) includes, for or the location of the land, would significantly prejudice example, parkland, open space used for informal the implementation of the development plan’s policies recreation, or land leased to sports clubs, as well as and proposals.’ playing fields used by schools, colleges and other educational institutions.’ Annex 2 of the circular provides guidance and examples of the types of development proposals that may come In fact, parkland and open space used for informal into the latter category, including ‘applications involving recreation are covered by the direction only if they happen development that would result in the loss of open space to contain a formal playing pitch within their borders. or playing fields both publicly and privately owned.’ 3 Planning Bulletin June 2000 Although it is for local planning authorities to decide Neither was there a requirement to provide playing fields whether a proposal comes within the scope of the for schools with pupils under eight years of age, and directions it is clear that, if a development plan follows there was no protection for existing playing fields in the guidance contained in PPG 17 and includes policies those schools. resisting the loss of playing fields, a proposal involving such a loss should at least be considered for referral to Section 77 of the Act affords protection to all school the Secretary of State. Unlike the Town and Country playing fields by requiring local authorities and school Planning (Playing Fields) (England) Direction 1998 these governing bodies to obtain the prior consent of the directions apply to all playing fields, not only those Secretary of State before disposal or change of use. owned by a local authority or used by an educational Circular 3/99 sets out the criteria that the Secretary of institution. An objection by Sport England may assist the State will apply to applications for disposal or change of local planning authority to decide whether to notify the use of playing fields. Secretary of State, but such an objection is not a prerequisite for a notification. The underlying aim of the Education (School Premises) Regulations 1999 is to ensure that approval for disposal Other non-planning procedures affecting playing fields or change of use of school playing fields is given only where the funds raised are ploughed back into sport and In addition to circulars and other procedures issued by education and where the remaining area of the school’s the Department of Environment, Transport and the playing fields meets the present and future needs of the Regions (DETR), further important guidance is issued by school and the community. the Department for Education and Employment (DfEE) in relation to school playing fields. The Education (School However, there are still concerns that school and other Premises) Regulations 1999 set out the minimum playing fields are under threat, particularly where sites standards for playing fields and other facilities that apply are deliberately left vacant for more than five years. In its to all maintained schools in England and Wales. recently published strategy A Sporting Future for All the Government has pledged to strengthen and extend the DfEE circular 3/99, Protection of School Playing Fields protection given to playing fields as detailed in the explains the powers available to the Secretary of State for following section. Education and Employment under Section 77 of the School Standards and Framework Act 1998 to protect school playing fields in England from disposal or change of use. Before the advent of that Act there was no statutory protection for that part of school playing fields exceeding the minimum for team games prescribed in the Education (School Premises) Regulations 1999. 4 Planning Bulletin June 2000 Policy guidance Planning Policy Guidance Note 17 (Sport and Recreation) A Sporting Future for All PPG 17 was published in September 1991 and is one of In A Sporting Future for All the Government reaffirms its the few planning policy guidance notes yet to be revised commitment to sport.

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