REPORT TO CABINET – 28 AUGUST 2001 RECREATION ASSESSMENT AND DISPOSAL – LAND AT TILTON ON THE HILL JOINT REPORT OF THE DIRECTOR OF PROPERTY AND THE ACTING DIRECTOR OF PLANNING AND TRANSPORTATION PART A Purpose of Report 1. This report seeks to declare the playing fields at the former Primary School, off Marefield Lane, Tilton on the Hill surplus to requirements and to describe the procedures the County Council will have to follow if it wishes to dispose of the land. The report also considers whether any community recreation demand could most effectively be met by the use of the land. Recommendations 2. It is recommended that Members; (i) approve the findings of the recreation assessment as attached at Appendix B; (ii) agree that the land at Marefield Lane, Tilton on the Hill is declared surplus to requirements; (iii) consider whether they wish to; (a) authorise officers to undertake any necessary consultations under DfES Guidelines and to undertake to seek to identify and to purchase a suitable alternative site for recreation elsewhere in the village, (b) pursue the possibility of obtaining residential development upon the site. (iv) if options (iii) (a) or (b) are not achievable, to offer to sell the land to the Parish and/or District Councils for recreational purposes and to authorise officers to seek the necessary consent from the Secretary of State under the Learning and Skills Act 2000 to the disposal of the land. Reason for Recommendations 3. The County Council is under an obligation to undertake consultations with various local organisations and groups in order to satisfy the requirements of the Secretary of State in the guidance issued by her (Section 77 of the School Standards and Frameworks Act 1998). 4. The recreation assessment procedure concludes that the site at Marefield Lane, Tilton on the Hill could be used as a children’s play area and casual public open space, and that there is an expressed demand for such use since there is insufficient other public open space available in the village. No other suitable publicly owned land has been identified so far within the village for such purposes. 5. Given the location of the playing field within the limits to development defined within the Harborough Deposit Local Plan it is considered that the site may have a value for residential development purposes. This possibility needs to be tempered with the presumption in the Local Plan against the loss of recreation space. 6. Where there is potential for residential development for recreation land, the amended Land Disposal and Recreation Assessment procedure allows for a suitable alternative to be pursued. Timetable for Decisions 7. It is intended to achieve a capital receipt in respect of the playing field site at Tilton on the Hill in 2002/03. If Cabinet resolves to declare the land surplus to requirements it can either:- (a) sell the land to the Parish/District Council at a figure equivalent to recreational value. This option could be completed in a short time scale; or (b) seek planning permission for an alternative use upon the site. This route is likely to be time consuming and could be controversial. 8. In both instances the consent of the Secretary of State under Schedule 8 of the Learning and Skills Act 2000 and/or Section 77 of the Schools Standards and Frameworks Act 1998 would currently be required (The Secretary of State has recently granted a number of general consents under Section 77. These include a General Consent to the transfer of land to a Local Authority provided the land will continue in recreational use for at least 10 years). The Secretary of State has a presumption against the disposal of school playing fields although this is modified in the case of closed schools. Policy Framework and Previous Decisions 9. On 12 July, 2000 the County Council resolved, inter alia, that approval be given to the publication of a statutory notice to cease to maintain Tilton on the Hill C.E. Primary School at the end of the Autumn term 2000. The school closed in December 2000. 10. The current recreational assessment procedure was established in 1993 and was endorsed by Policy and Resources Committee on 13 January 1993. The procedure assesses the recreational potential of any County Council owned open land which is declared surplus to its current use and is likely to be sold. This procedure was reviewed and approved by the Cabinet on 31st July 2001. Resource Implications 11. The Parish Council has indicated that it wishes to purchase the land for recreational purposes. The value of the site for recreational use is substantially less than that for residential development (the difference is likely to be in the region of £300,000) 12. Section 123 of the Local Government Act 1972 requires Councils not to dispose of land at “less than the best that can reasonably be obtained”. However, the Local Government General Disposal Consents Act 1998 allows a disposal at “less than best” for recreational use with certain minimum levels of public usage, without the Secretary of State’s approval. 13. The School Standards and Framework Act requires proceeds of sale to be reinvested in improving sports facilities or to meet education capital priorities. It cannot be used for general repairs to school buildings. 14. The Parish Council could ask the County Council for grant aid from its normal grant budgets to develop play equipment at the site. 15. The financial implications of this report have been prepared in conjunction with the County Treasurer. Circulation under Sensitive Issues Procedure 16. Mr. S J Galton, CC. Officers to Contact 17. Mrs. E.A. Derrick (0116 265 6991) e;mail [email protected] J.R. Hockney (0116 265 7013) e;mail [email protected] P.D. Williams (0116 265 7080) e;mail [email protected] PART B Background 18. The former school and playing fields (shown cross-hatched on the plan attached as Appendix A) at Tilton on the Hill ceased to be used for educational purposes in December 2000. The school buildings, as shown hatched on the attached plan, are held in Trust by the Vicar and Churchwardens of Tilton Church. The Trustees have a statutory duty to sell the property and in this instance all proceeds of sale (less costs of sale) will accrue to the County Council. 19. The playing field is within the 'limits to development ' for Tilton on the Hill as defined in the Harborough District Local Plan. Policy HS/8 has a presumption in favour of residential development within the defined limits, subject to design matters and safeguarding residential amenity. The site which has an area of 1.08 acres/0.44 hectares is not identified as an important open space in the Plan and is currently part of the educational use of the overall site. Policy LR/3 of the Plan seeks to resist the loss of existing recreation areas (regardless of ownership) to alternative uses unless suitable alternative facilities are provided in the locality. Use of the site by the Parish Council as a separate playing field would require planning permission. 20. It is still necessary to assess the recreational value of the site to the Local Community as described in PPG17 notwithstanding that the school has already closed. This obligation is met by the County Council's recreation assessment procedure. 21. Residential development cannot be taken for granted as the disposal of any educational site (even when the School has closed down) requires the approval of the Secretary of State under the Learning and Skills Act 2000 and under Section 77 of the Schools Standards and Framework Act 1998. The criteria against which applications under Section 77 normally would be made fall into four main headings. These may be described as; (a). Finance: That the intended destination of any proceeds of sale has been made clear in the application and that any such proceeds will be returned to education or used to enhance or improve sports provision. (b). Schools needs: that the playing field provision and other sports facilities to be left will meet the needs of local schools but particularly primary schools. (c). Community needs: that the playing field provision and other sports facilities to be left will meet the needs of the local community. (d). Consultation: that there has been adequate consultation. 22. If the Cabinet resolves to declare the land surplus to requirements there are two options. It can either:- (a) offer the land for recreation use to Harborough District Council and Tilton on the Hill Parish Council, and negotiations would be commenced shortly afterwards; or (b) seek planning permission for an alternative use upon the site. This would necessitate the Planning Authority consulting with Sport England and also referring the application (if it were so minded to approve the application) to the Secretary of State under the Town and Country (Playing Fields) England Direction 1998 and if recommendation (iii) is chosen, to undertake a search for a suitable alternative site in the village. 23. Bearing in mind the outcome of the village and recreational appraisals, planning permission is unlikely to be forthcoming unless an alternative site could be identified in the village. The County Council does not own any other suitable sites in the village but a search for other suitable equivalent sites could be undertaken at the same time as the planning application was being considered if members so resolve. It could be difficult to find a suitable equivalent site and is likely that the vendors of any potential sites will want to receive a proportion of the development value realised by the County Council.