Report For: Executive Item No: Date: 04 February 2019 Report Of: Service Director, Healthy Lives & Children’s 10 Integrated Commissioning and Parks Operations Manager Report Author: Matthew Hudson and Rick Donnelly Subject: Playing Pitch Feasibility & Pavilion Demolitions Lead Executive Member(s): Cllr Rachel Hopkins Wards Affected: Stopsley, Dallow and Challney Consultations: Councillors ☒ Scrutiny ☐ Stakeholders ☒ Others ☐ Recommendations 1. Executive is recommended to approve: (i) further feasibility work with key stakeholders to determine viability and indicative costs of the sites ranked highest for Football, Cricket and Hockey. (ii) the Section 106 statement for Sport England, prepared in consultation with the planning team, Corporate Legal Team and Planning Solicitor. (iii) the demolition of the 3 pavilions: Lothair Road Recreation Ground; Foxdell Recreation Ground Sports Pavilion; and Chaul End Porta-cabin. Background Facility Placement Feasibility Study 2. The number of people playing formal football has reduced. In Luton adult participation has declined steeply over the last 3 to 4 years, which reflects a national trend. A local football development stakeholder group has been established to improve the current position, including: the Council; Beds FA; Active Luton; Luton Town FC; and the county sports partnership. 3. The reverse is true of cricket, with the local demand outstripping the number of facilities available in the borough. The Luton Playing Pitch Strategy reported that a number of teams (10 teams, over 100 players) regularly travel outside of the Borough to access cricket pitches and a higher standard of play, which has been attributed to a lack of pitches locally. 4. The English Cricket Board has announced Luton has been assigned “Core City Status”, which means it is a target for investment and growth in cricket for the next three years. 5. In February 2018, Luton Council Executive adopted Luton’s Strategic Vision for Sport and Physical Activity (18-22) which provides a strategic framework for the delivery of sport and physical activity within Luton. The following two outcomes are key to the delivery of the strategic vision: a. ‘Maintaining existing and developing high quality, sustainable spaces for sport and physical activity’; and b. ‘Facilitating high quality, population relevant ‘sport’ programmes which address wider outcomes of physical and mental wellbeing and social and community development’ 6. A site option feasibility study was commissioned in order to investigate the site options, facility requirements and costs for the provision of new sports facilities to support the development of football, cricket and hockey in Luton. The Sports Consultancy, in partnership with Space and Place Architects were appointed by Luton Council in August 2017 to complete a facility placement feasibility study. 7. The study primarily focused on Football and Cricket. Hockey was also included due to being part of the strategic group, contributing to cost of the study and as local clubs were being organised into a consortium, it was agreed that they would be able to support plans with their own resources. Pavilions 8. The Council’s Green Estate includes 15 pavilions, with the annual building maintenance repairs budget is approximately £50,000 and the most recent condition reports indicate a backlog of repairs in excess of £700,000. 9. The Parks Service and Property & Construction Service reviewed the Green Estate in late 2017 and identified for closure Lothair Road, Foxdell Recreation Ground, and Chaul End changing room, in view of their unaffordable refurbishment costs. S106 obligation for Sport England 10. The Town and Country Planning (Development Management Procedure) Order 2015 (DMPO) requires Local Planning Authorities to consult with specific bodies. Sport England is a statutory consultee on planning applications involving the loss of playing pitches. 11. Through the planning process the Council as Local Planning Authority is considering a number of planning applications involving the loss of playing pitches. Government policy, expressed in the National Planning Policy Framework, states that playing fields should not be built on unless, amongst other things, the loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality. Sport England’s policy on playing fields reflects this and consequently Sport England is able to place holding objections until it supports any proposed mitigation. 12. Where Sport England have made objections; the removal of objections against developments must meet with one or more of five specific exceptions. Sport England generally quote exception 4 which states that “the area of playing field to be lost as a result of the proposed development will be replaced, prior to the commencement of development, by a new area of playing field; (a) of equivalent or better quality; and (b) of equivalent or greater quantity, and (c) in a suitable location, and (d) subject to equivalent or better accessibility and management arrangements.” Sport England will remain opposed until this exception has been met. 13. The usual mitigation is for a financial contribution to enhance infrastructure with a clear plan where this contribution will be invested. Luton Council, therefore, needs a clear framework on the re-investment which needs to be considered and agreed by Executive. The Current Position Facility Placement Feasibility Study 14. The Steering Committee for the implementation of the Luton Sport & Physical Activity Strategy 2018-2022 were presented with the consultants findings outlined within the final report document dated September 2018. 15. The Steering Committee are in support of the recommendations for Cricket and Hockey, which are to place facilities at Stockwood and Cardinal Newman respectively. The recommendations for football are more complex, as the consultant has scored both Stopsley Common and Ely Way facilities with the joint highest score. S106 obligation for Sport England 16. The following statement is subject to approval through Luton Council Executive. 17. “Luton Council agrees that the Section 106 contribution for replacement and improved sports facilities shall be paid towards delivering improvements and enhancements to support cricket and football infrastructure in order to deliver key outcomes of the Playing Pitch Strategy 2014-2021 and Strategic Vision for Sport and Physical Activity adopted by the Luton Council Executive in February 2018. This includes the following projects: 18. Provision of a Step 5 Football Facility (An artificial grass pitch suitable for non-league senior football up to step 5 of the football pyramid and associated facilities (including parking provision and changing rooms) The potential sites identified in the feasibility study are: Stopsley/Lothair Recreational Ground; Ely Way; Lewsey Park; and/or 19. the replacement of or improvements to existing adult football or cricket facilities (playing pitches and supporting facilities such as changing and parking) at either one or more than one of the following locations: 20. Stockwood Park, Luton, Bedfordshire (cricket); 21. Stopsley/Lothair Recreation Ground, Luton, Bedfordshire (football); and/or 22. Lewsey Park Recreation Ground, Luton Bedfordshire (football and cricket)” 23. The specifics detailing the requirements of the Section 106 obligation will need to be identified in any Committee Report (Planning Committee, as part of the Local Planning Authority). (See legal implication box below) Pavilions Lothair Road Recreation Ground 24. Lothair Road Recreation Ground Pavilion is a building constructed in the 1960s located behind Inspire Sports Village, just off Lothair Road, in the Stopsley Ward of the Borough. It provides changing facilities, showers and some storage to sports clubs playing organised sports on Stopsley Common. It primarily serves adult football teams during the football season, which runs from October to the following April. The pavilion is used on Saturdays and Sundays during the football season and very occasionally during the week for other events. 25. The pavilion is seriously dilapidated and significant capital investment, estimated at £230,000 is required in order to meet compliance standards particularly regarding water services and legionella. The building was due to close following the construction of the Inspire Sports Village in 2012, hence the reason for no investment in the building. Lothair Road pavilion has been shut over the summer of 2018 as it poses a health risk if it continues to be used without significant spending on Legionella works. Teams that did use it have been relocated to Stockwood, Leagrave or Lewsey Parks. Capital investment funded from priority maintenance priority programme is being used to upgrade services within Leagrave and Lewsey Pavilions to cope with increased usage. Foxdell Recreation Ground Sports Pavilion 26. Foxdell Recreation Ground Sports Pavilion was constructed in the 1970s by the football club then using the ground, Brache Sparta FC. They were granted a ground lease by the Council which included permission to build the pavilion. The pavilion consists of a bar and social area, toilets, two changing rooms and a shower room. It has always been run by an independent football club and never by Luton Council. Consequently, there are no records proving good management and compliance with health and safety legislation, which were an obligation of the tenant. 27. The club ceased to