Response from Ms Fiona Pudge, Sport England
1. Ms Fiona Pudge, Sport England : 19 Dec 2017 12:40:00
Before completing this online representation please tick the box to show that you have read the guidance notes accompanying this consultation.
I have read the guidance notes.
Policy Reference
DM4 - Green and Blue Infrastructure, Open Space, Trees and Landscaping
1.1 Do you consider the DM DPD to be legally compliant?
Yes
1.3 Do you consider the DM DPD to be sound?
No
1.4 If NO, please indicate the ground(s) on which you consider the DPD to be unsound.
The DPD is not positively prepared
The DPD is not justified
The DPD is not effective
The DPD is not consistent with national policy
1.5 Please give details of why you consider the DPD is not legally compliant or is unsound or fails to comply with the Duty to Cooperate. Please be as precise as possible.
If you wish to support the legal compliance or soundness of the DPD or its compliance with the Duty to Cooperate, please also use this box to set out your comments.
Policy DM4 is not based on a robust and up to date evidence base as required by paragraph 73 of the NPPF. For this reason Sport England consider the policy is not positively prepared, justified, effective and is not consistent with national policy. The Open Space Sport and Recreation Study is from 2008, so almost 10 years out of date. In terms of the sport element, an assessment of need is considered to be out of date if the baseline data has not been update for more than 3 years. This is because the supply and demand for outdoor sports facilities is dependent on seasonal changes in the number and types of teams playing a particular sport. For example on just one site there might be 2 senior football pitches in season one with 4 senior football teams and in season 2 this changes to 1 senior football team with 2 junior pitches accommodating 2 senior teams and 4 junior teams. It is important to ensure there are sufficient pitches/outdoor courts of the right type and size to meet current and future demand. The 2008 evidence base has not been updated so it impossible to say whether there is a surplus of deficit of pitches, which type and where.
The Open Space Requirements element of policy DM4 only relates to new or improved provision but given there is no up to date evidence base that sets out what the needs for the different types of open space it is not clear how this policy can be implemented. In addition there is a requirement to obtain a commuted sum of £200 per bedroom for worthwhile improvements. There is no indication of what those worthwhile improvements are and what document provides the evidence to help inform what those improvements should be.
Policy DM4 has no protection element to it which means where the loss of open space is proposed there is no direction given that sets out how the LPA will apply the requirements of paragraph 74 of the NPPF and Sport England's Playing Fields Policy - Sport England is a statutory consultee on any planning application that affects a playing field.
1.6 Please set out what modification(s) you consider necessary to resolve your objection and make the DPD legally compliant or sound, having regard to the matter(s) you have identified above. (Please note that any non-compliance with the Duty to Cooperate is incapable of modification at examination). You will need to say why this modification will make the DPD legally compliant or sound. It will be helpful if you are able to put forward your suggested revised wording on any policy or text. Please be as precise as possible.
In order to make this DPD sound Sport England suggests the following modifications are made:
1. Council commit to working with Sport England to prepare a Playing Pitch Strategy within an agreed timescale. Sport England has guidance for preparation of a Playing Pitch Strategy and other sports facilities but other types of open space fall outside of our remit. However, Sport England would suggest the whole open space assessment of need is updated. This is to comply with paragraph 73 of the NPPF.
2. Amend the policy to include a protection element that sets out how a planning application that results in the loss of open space will be determined . This is to comply with paragraph 74 of the NPPF.
3. Insert wording to make it clear that the provision of new/improved open space and the commuted sum of £200 will be informed by an up to date and robust assessment of needs.
2.1 If your representation is seeking a modification, do you wish to participate at the oral part of the Examination?
No, I do not wish to participate at the oral examination
Please tick the box if you wish to be notified when the document is submitted, when recommendations are published and when the document is adopted.
Please notify me.
