The Scottish Government

NPPG 11 - SPORT, PHYSICAL RECREATION AND OPEN SPACE

Introduction

1. Sport and physical recreation are important components of civilised life and have valuable social, economic and educational roles. Sport has been defined as "all forms of physical activity which through casual or organised participation aim at improving physical fitness and mental well-being, forming relationships, or obtaining results in competitions at all levels" (Council of Europe 1992). Participation can help to improve an individual's health and sense of well-being, and the promotion of sporting excellence can help foster civic and national pride. There is a continuing demand for new or improved facilities not least as a result of the National Lottery. Latest estimates indicate that between £10 and £20 million a year will accrue to sport and physical recreation in Scotland and increase the number of projects seeking planning permission.

2. As well as addressing the land use implications of sport and physical recreation, this National Planning Policy Guideline (NPPG) also encompasses aspects of informal physical recreation that take place in urban open spaces, which are significant land uses in our towns and cities, and large areas of the countryside which are shared by those enjoying outdoor pursuits and seeking places for quiet relaxation. Accordingly, it describes the role of the planning system in making provision for sports and physical recreation and protecting and enhancing open space. It also defines the factors which the Secretary of State will take into account in his consideration of development plans, planning appeals and other cases, and sets out the action required of councils. In addition to the general guidance, there is specific planning guidance given in respect of particular sports. A list of sports recognised by the Scottish Sports Council is set out in Annex 1. Voluntary organisations and clubs, such as the National Playing Fields Association and the national governing bodies of many sports, are also significant in defining the need for facilities and policies for different sports and recreations, as well as in providing opportunities, training and facilities. Annex 1 lists organisations, some of which represent the needs of many other clubs and societies.

3. Scotland's sporting and recreational facilities are an important attraction for tourists and for inward investing companies. In addition, people pursuing outdoor activities are attracted by the high quality and extensive range of leisure opportunities provided by the natural environment. The provision and enhancement of facilities and resources should therefore be seen as potentially beneficial economically. This guidance applies to the sporting and recreational needs of residents, tourists and visitors but does not deal with the other planning issues raised by tourism or inward investment.

Policy Context

Health and Welfare

4. Appropriate physical exercise, preferably as part of a healthy lifestyle, is now recognised as essential to good health. The importance of physical exercise was included in the Government's health education policy statement Health Education in Scotland issued in 1991 and in Scotland's Health - A Challenge To Us All published in 1992. These documents described a series of initiatives to stimulate interest in exercise and recreational pursuits. In addition, the Health Education Board for Scotland is charged with offering guidance on appropriate levels and forms of physical exercise for people at different ages and levels of fitness and with different abilities. A policy statement setting out guidance on the promotion of physical activity in Scotland is being prepared by the Board and will inform the strategic development of its work on physical activity. At Health Board level, many Health Promotion Departments have set local targets to increase exercise amongst local populations.

5. Exercise has been identified as a target area for action primarily because of its role in the prevention of coronary heart disease and stroke, and its protection value against other chronic diseases such as osteoporosis. In terms of mental health, exercise relieves anxiety, contributes to improved self confidence and self esteem and, more generally, enhances well being. Opportunities for people to participate in sport and in a wide range of formal and informal recreation should, wherever possible, be available for everyone, including the elderly and those with disabilities for whom access to facilities is especially important.

6. A substantial cross section of the population in both urban and rural communities participate in sport. There is high demand in urban areas but the needs of rural areas are no less urgent as the demand there is often largely unsatisfied. The importance of sport to urban life and regeneration has been demonstrated in the four Partnership Areas established under New Life for Urban Scotland. They have given particular attention to promoting or improving local leisure and recreation facilities. New sports grounds and other facilities have been provided using funds from a variety of sources. The report Progress in Partnership recognises the important benefits which participation can bring and the particular emphasis on the needs of young people.

Sustainable Development

7. In the 1990 Environment White Paper This Common Inheritance the Government identified, as a major challenge for the future, the satisfying of demand for recreation in the countryside and the economic development it brings whilst preserving the benefits of a healthy and attractive environment. Sustainable Development - The UK Strategy takes this further and identifies a sustainable framework which aims to:

• maintain the quality of the environment in which leisure takes place for future generations to enjoy;
• contribute to the health, well-being and quality of life of those taking part in leisure activities without destroying the natural resources upon which leisure depends; and
• ensure that leisure activities are a major means of creating awareness of, and appreciation for, the environment.

8. Providing opportunities for sport and recreation near to where people live can make an important contribution to sustainable development. Not only does it enhance people's quality of life, but it also reduces the need for people to travel, thereby contributing to a reduction in fuel consumption and pollution. Many forms of sport and recreation have a special relationship with the environment in which they take place, requiring access to facilities or to natural resources, in urban areas or in the countryside. Initiatives such as SNH's Paths for All, Community Forests and the many initiatives taken by councils to improve their parks and playing fields all aim to increase easily accessible recreation facilities.

9. But the relationship between sport and the environment is neither simple nor one sided, as recognised by the House of Commons Environment Committee's 1995 Report The Environmental Impact of Leisure Activities. Environmental impacts can occur such as:

• overcrowding - too many people at one spot at one time;
• traffic - disruption to local users, congestion, noise, pollution and visual intrusion;
• wear and tear - erosion, trampling and loss of vegetation;
• disturbance and noise - including impacts on wildlife in the countryside;
• inappropriate development - out of scale, inappropriately located or insensitively designed developments can fundamentally change the character of an area; and
• the inherent use of fossil fuels.

10. However, environmental impacts are not easy to prove and can sometimes too readily be assumed. There may be times when it is necessary to adopt a precautionary approach. In general however sport and physical recreation can usually be managed to control damage and reduce environmental impacts. The quality and diversity of the natural heritage is nevertheless the basis of many sporting and recreational activities and its use for public enjoyment should not lead to a loss of overall quality. Conversely the resources which sport and recreation provide have also led to restoration of damaged or threatened environments, such as the coal bings reclamation at Lochore Meadows Country Park.

11. The concept of environmental capacity is crucial to achieving environmental objectives (Sustainable Development - The UK Strategy paragraph 27.18). However, determining capacity is not an exact science and varies with the robustness of different areas, as well as how they are used. Moreover, there is as yet no accepted definition in land use terms. Research is being undertaken by the DOE to assess whether and how the concept can be applied in practice. Environmental assessment is dealt with at paragraph 98.

12. Forests are valued not only for their commercial potential but also for recreation, nature conservation, and landscape enhancement. The Government is committed to a policy of setting multiple purpose objectives for forestry and these are now enshrined in the grant and regulatory regimes. (See Sustainable Development - The UK Strategy Chapter 16). The Government is also exploring ways of promoting woodland planting by, for example, linking planting to development proposals and recreational schemes. Established trees are robust and wooded landscapes provide enclosure and privacy for larger numbers of people than open landscapes as well as activities such as horse riding, orienteering or motor sports. The Forestry Authority has issued guidance on potential for sport and recreation in forests. Councils are encouraged to promote these ideas through the promotion of Community Woodlands around towns and cities. These can provide a route for paths linking urban areas with the greenbelt and the countryside beyond.

The Scottish Sports Council

13. The Scottish Sports Council (SSC) is the national body responsible for the promotion and development of sport and physical recreation in Scotland. It is funded by Government and an advisory body to the Secretary of State. The SSC's role includes encouraging participation, raising standards of performance, fostering the provision of new facilities and encouraging the use of existing facilities. The SSC has developed a range of policies, in partnership with councils and public agencies, which include development of a national and regional facilities programme. In addition the SSC provides a specialist advisory and planning service for councils and others, including information on the supply and demand for sports facilities in Scotland. It also has distinct responsibilities as a National Lottery Distributing Body.

14. Consequently, and consistent with the policy aims of this guideline set out below, the Government has decided to give statutory consultee status to the SSC under Article 15 of the General Development Procedure Order for:

• development likely to prejudice the use of land as a playing field;
• development likely to lead to loss of land used as a playing field; and
• development on land last used as a playing field which has not subsequently been built on.

A playing field will be defined as land of 0.4 hectares or more for any pitch sports, including any adjacent tennis courts and bowling greens, and athletics tracks.

15. In addition Councils are advised to consult the SSC at an early stage on preparation of development plans, and on planning application proposals, for:

• developments involving new provision, or loss, of major sports facilities;
• residential developments of 300 dwellings or more likely to generate a need for new recreational provision; and
• mineral development which may present opportunities for recreation.

Major sports facilities include indoor swimming pools, indoor sports centres, indoor bowling centres, indoor tennis centres, ice rinks, golf courses, indoor and outdoor shooting centres, velodromes, stadia, water, air and motor sports facilities, a water body of more than 2 hectares and any proposed sports facilities with a capital value over £250,000.

16. In 1989, the SSC published Sport 2000, a policy document setting out a strategic approach to the development of sport in Scotland to the year 2000. It was prepared in partnership with councils, the sports governing bodies and private and voluntary agencies. Sport 2000 seeks to define the respective responsibilities of all those concerned with the development of Scottish sport and contains a wide range of measures to increase participation, improve coaching and performance standards. In addition, it identifies the perceived need and preferred location for facilities in individual sports, sets out to achieve a co-ordination of effort at all levels and is relevant to the work of councils. An updated consultative document Sport 21 has recently been published.

17. The SSC seeks to implement the Sport 2000 strategy by co-ordinating activities and developments at national and local levels. It advises councils to produce their own leisure or sports development plans and is preparing a set of enabling policies for sports development which councils can use in development plans. Sport Matters: Planning for the Future, published in 1995, outlines how to produce a strategy for sports development. The SSC's advisory service is available to assist councils, applicants and other interested parties with any aspect of forward planning. It is of particular advantage during formulation of development plans or when considering applications for playing fields and pitches. The SSC intends to publish a description of how to use its Facilities Planning Model (see paragraph 32). A draft Policy for the Provision of Pitches in Scotland has been prepared and Policies for the Planning of Natural Resources for Sport and Physical Recreation is to be published shortly.

Scottish Natural Heritage

18. Scottish Natural Heritage (SNH) has a statutory duty under the Natural Heritage (Scotland) Act to facilitate the enjoyment of the countryside and to promote recreation, including the need for access and enabling and advising on the provision of facilities such as picnic sites, footpaths, Long Distance Routes, Regional and Country Parks. SNH has a particular responsibility for activities which are dependent on the quality of the natural heritage and for ensuring that they are practised in ways which do not adversely affect the natural heritage or other uses. Sport and physical recreation in the countryside are varied, ranging from hill walking to motor-cycle scrambling and most will only rarely be intensive enough to be considered as changes of use which amount to `development', or necessitate the construction of a facility which requires planning permission. Nevertheless SNH encourages a strategic approach to forward planning and intends to publish Countryside Recreation and Access Strategies in 1996.

19. In 1994 SNH published Enjoying the Outdoors - A Programme for Action a statement on access for informal recreation. Frequently access for countryside based activities involves use of private land or water, so it is important to relate to other land use management needs and issues. Enjoying the Outdoors sets out an agenda for improving access to the countryside and recognises that councils have the central role in the planning and promotion of open-air recreation. SNH advocates that councils' objectives should be expressed through countryside recreation and access strategies which link with or are part of their development plans. The purpose of these strategies would be to determine development priorities as well as to improve working relationships within councils, with landowners and the public, and provide the rationale for grant aid. The programme for action also promotes the Paths for All initiative, launched in 1995. This aims to achieve within 10 years a network of paths around towns and villages, often combining familiar routes in various ways to create 2-5 mile circular journeys for residents and others who want to walk, ride or cycle.

Councils

20. Councils are key enablers and providers in both the development of sport and physical recreation and the provision of facilities. Their statutory powers to provide for and facilitate recreation and access are considerable, ranging from leisure and tourism promotion, acquisition of land or harbours for recreational use, provision of facilities, land and footpath maintenance, to securing public access, making Management Agreements, operating ferry services as part of a long distance route, making bye-laws and appointing rangers. Under the Countryside (Scotland) Act 1967 for example, they have a duty to assess the need for Country Parks and to provide, maintain and manage them for the enjoyment and convenience of the public. Such parks may be within or outwith their area. However many of the powers of councils are discretionary, such as that in the 1981 Countryside Act to designate Regional Parks, some are limited by the legislation and others, such as Access Agreements have been used infrequently due to the resources required. All the government agencies work in partnership with councils to deliver their aims and objectives. Councils have the sole remit for play provision for the under-fives.

Public Rights of Way and Access

21. Under the Countryside (Scotland) Act 1967, councils have a duty "to assert, protect and keep open and free from obstruction or encroachment any public right of way..." (Section 46). They are also given discretionary powers to repair and maintain rights of way, to create, divert or close public paths and to make access agreements or orders to open land. They are required to keep up to date maps of areas subject to access agreements, but not of asserted or other permissive or agreed routes of public access.

22. Councils have used their duty with regard to Rights of Way more than their powers to secure public access by Public Path or Access Agreements or Orders. But they experience difficulties with implementing the legislation for public Rights of Way, as unless the process is taken through the courts there is no certainty of existence of a right of way. Moreover public Rights of Way are not primarily intended for recreational use, nor are they static - they can be lost through disuse and created by continued and unimpeded public use. SNH is seeking solutions to the legal problems of public Right of Way assertion and other problems in securing local recreational access through its Paths for All initiative and activity through the Access Forum.

Background Information

Demographic Factors

23. In 1992, 52% of the adult Scottish population took part in some form of sport or physical recreation at least once a month. Amongst young people, the proportion was considerably higher, with 96% of school aged children participating and 62% of the 16 - 24 age group (source - Sports Participation in Scotland 1992, Research Digest No 3 The Scottish Sports Council). Over the last 20 years, overall participation rates have increased significantly, particularly by women and girls. Demographic changes over the next decade will however lead to a changing pattern of demand.

24. The school age population is likely to increase over the next ten years, following the decline of recent years, The Scottish Office paper Scotland's Sporting Future: A New Start (July 1995) highlights a number of proposals to develop sport in schools and establish pathways to continue with sporting activities out of school. There are implications for the use of school playing fields (see paragraphs 44 to 47). The general ageing of the population is also affecting other age groups. Though there will be a decline in the immediate post school group, the 30-54 and the over 85s groups are growing. In consequence, health-related activities: jogging, aerobics, running - and sports and activities such as indoor bowls, dancing, badminton, swimming, boating, walking and golf are likely to gain in popularity. Council sports centres, private fitness clubs and the increasing recreational use of the countryside are responses to this.

Economic Factors

25. Sport is an important feature of the Scottish economy. The Scottish Sports Council estimates that sport and related activity accounts for some 57,000 jobs, 3% of Scottish employment. The average annual sport related expenditure per household in Scotland is £591, of which £307 is spent on sports goods and services. Total expenditure is over £1,000 million per year, and the value-added by sport related economic activity is about 2.5% of the Scottish Gross Domestic Product (Countryside recreation contributes around £300 million per year to national income and supports 24,000 full time equivalent jobs) (Sources - Sport and the Economy of Scotland - SSC Research Digest No 21, 1991 and Economics of Countryside Access, Scottish Agricultural College, 1991).

Play and Sport

26. For children there is often no clear distinction between physical recreation, sport and play, especially amongst the younger age groups. The first steps in learning a sport are often taken informally without any special facilities. Research carried out for the Department of the Environment and reported in Design Bulletin 27 Children at Play showed that children play primarily in and around the home, not always in gardens or official play areas. The planning system has an important role to play in making provision for children's play, particularly in new housing developments. The location of play spaces is crucial in relation to security. Access to parents and children for casual play is also an important part of the community use of many playing fields and other less formal areas of open space, especially in residential areas without gardens. (Children's play is outwith the remit of advice of SSC).

27. In most residential areas the streets are not designed for play but children may still find them attractive and convenient. Traffic calming measures which remind drivers that they are sharing the environment with pedestrians and children at play can help to make the environment safer, but they do not override the need for formal play areas.

Policy Guidelines

Planning Objectives

28. The Government's objective through the planning system is to seek to protect and enhance the land and water resources required for the nation's sport and physical recreation. All sports and recreation make some call upon Scotland's land resource, and many require special buildings or facilities. They may also be in competition for land with other uses such as housing, industry or open space. It is part of councils' responsibilities to take full account in their preparation of development plans and development control decisions of the community's need for recreational space and sporting facilities including the need for specialist facilities, to have regard to current levels of provision and deficiencies, and to resist the loss of unique resources or facilities with a wider role (see also paragraphs 36 and 37). Following the implementation of Section 18A of the 1972 Act planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The provisions of the development plan will therefore form the basis of decisions made by councils and the Secretary of State.

29. Robust planning policies are required to safeguard established open spaces, playing fields and access routes where they contribute to local community needs and enjoyment. Councils should lead by example and generally resist development of open space and playing fields in their ownership. Provision for children's play should be made in planning consents for new housing and in development control generally. In plan preparation or the determination of planning applications which involve potential conflicts between sport and recreation, other land uses and the natural heritage, councils should seek advice from the Scottish Sports Council (see paragraphs 13 to 17) and Scottish Natural Heritage.

30. For facilities promoted by the council the Notice of Intention to Develop (NID) procedure is designed to ensure that the public are aware of the proposal and that contentious cases are notified to the Secretary of State. Development proposals on land wholly or partially in the ownership of a council, or in which the council has an interest, are subject to controls imposed by the Town and Country Planning (Notification of Applications) (Scotland) Amendment Direction 1995. Accordingly, councils should seek to achieve the following objectives:

• to found their planning for sport and recreation on the principles of sustainable development and the advice of national agencies;
• to meet the sporting and recreational needs of residents, tourists and visitors, while safeguarding the quality of the natural and cultural heritage;
• to safeguard a system of open spaces for formal and informal recreation needs within urban areas, ranging from easily accessible small local green spaces to country parks and path networks;
• to safeguard facilities and resources for sport and recreation in urban areas and the countryside which contribute to existing and predicted future needs;
• to take a long term and spatially strategic perspective on provision;
• to provide local facilities, including for children's play, to meet standards within or close to residential areas;
• to pay special regard to those who find it difficult to gain access to sport;
• to lead by example in resisting the development of council owned land;
• to ensure that new sports facilities are readily accessible by public transport, cycling and on foot;
• to provide safe areas for recreation, through ensuring that public spaces are located and designed to minimise opportunities for crime; and
• to consult The Scottish Sports Council on certain types of application.

Levels of Provision

31. Every council should include in its development plan its views on the level of provision required for sporting and physical recreational facilities, including parks, open space, pitches and playing fields. These levels of provision should be determined locally on the basis of a range of factors including the quality and value of facilities and open space locally i.e. amenity and environmental factors, as well as quantity. This depends to some extent on maintenance and management issues (see paragraphs 36 and 37). It may also be a strategic issue where standards for new facilities or resources are involved which have sub-regional catchments. Local sports councils should also be involved. Proposed levels of provision should be stated in due course in structure plans, but care should be taken not to raise false community expectations. For example not every local plan can be expected to meet all its own requirements and adjacent local plans will have to take this into account.

32. It is important that councils should base their levels of provision on local surveys of provision and need (see paragraph 36). In some councils the leisure and recreation department will already have their own standards suitable for land use planning. Elsewhere planning departments will have to work with their recreation departments to survey the adequacy of existing provision and formulate the sport and leisure content of development plans. For sports facilities, including pitches, each council's levels of provision should take account of the Scottish Sports Council's computerised Facilities Planning Model as well as the quality and value of local open space. The SSC model compares the estimated demand for each facility taking into account all the relevant factors of geography, population size and structure, demographic trends, latent demand, the location, scale, capacity, quality, management regimes, catchment areas of facilities and their projected travel time catchments. The output from the model would guide councils in providing for sports facilities before they have determined their chosen levels of provision, but the policies and proposals of the development plan incorporating these levels of provision should ultimately be the basis for determining planning applications.

33. Councils may be interested in the 2 illustrative examples given below. One is a general council standard which does not include local factors or dedicated recreation facilities; the other is a national target to which time, distance, geography, population dynamics and qualitative factors should be added to be a basis for local standards.

Open Space

34. The Government indicated in the Environment White Paper This Common Inheritance, the importance which it attaches, to the retention where appropriate, and to the creation, of recreational and amenity open space, particularly in urban areas where demand is concentrated. It is important for physical and mental health that everyone, particularly the disabled, children and the elderly, should have easy access, preferably on foot or by cycle, to public open space. The need for it depends on the type and density of urban housing. Attractive open space, whether or not there is public access to it, may also be important for its contribution to the quality of urban life. It enhances the character of residential areas, Conservation Areas, Listed Buildings and historic landscapes; it can help to attract business and tourism; it is one ingredient of urban regeneration. The protection and enhancement of urban sport and recreation facilities may also reduce demands for leisure in the countryside and sometimes provide relief for fragile environments, though this should not be at the expense of the assets of the urban open spaces themselves.

Illustrative Example 1 Edinburgh District Council Local Plan Open Space Standard

The overall standard in new general purpose housing is 1.62 hectares per 1000 persons (or 0.4 hectares per 100 houses) comprising 0.81 hectares of amenity open space and 0.81 hectares of recreational.

Smaller new development schemes and schemes catering for special groups such as the elderly or the single will be considered more flexibly and on merit.

An open space provision in excess of the minimum standard may be required if necessary to ensure that existing landscape features (for example, woodland or tree belts) are retained.

In urban redevelopment schemes (usually at relatively high densities) a lesser standard of provision will be acceptable, but must amount to at least 10% of the total site area comprising 5% recreational open space and 5% amenity.

• Open space will not normally be required where the development of small gap sites is proposed.
• Amenity open space may be dispersed in a development.
• Recreational open space should be provided in a single area.

In existing built up areas the Council seeks to improve provision and overcome shortages, subject to opportunities being available and expensive land acquisition not being involved. Priority is given to areas of need as measured against the following standards:
1.

• a local park of at least 1.5 hectares in extent suitable for informal recreation within 400 m of every home;
• more extensive facilities, up to 6 hectares in extent, suitable for organised sport within 1200 m of every home.

Illustrative Example 2 - Summary of the National Playing Fields Association minimum standard for outdoor playing space recommendations

The National Playing Fields Association recommends a minimum standard for outdoor playing space of 2.43 hectares per 1000 population. This is commonly referred to as the `NPFA 6 Acre Standard'. Depending on the population profile of the locality concerned, the total standard should be met by an aggregation of space within the ranges given below:

A Youth and Adult Use

Facilities such as pitches, greens, courts and miscellaneous items such as athletics tracks, putting greens and training areas in the ownership of councils; facilities as described above within the educational sector which are as a matter of practice and policy available for public use; facilities as described above within the voluntary, private, industrial and commercial sectors which serve the leisure time needs for outdoor recreation of their members or the public. Size range 1.6-1.8 hectares.

B Children's Use

B1 Outdoor equipped playgrounds for children of whatever age; other play facilities for children which offer specific opportunity for outdoor play, such as adventure playgrounds

Size range 0.2-0.3 hectares.

B2 Casual or informal play space within housing areas. Size range 0.4-0.5 hectares.

Further information can be found in the publication The NPFA Six Acre Standard, 1989 and The State of Play, NPFA 1990.

35. This guidance applies to all open space which benefits the public. While open space is defined in the Town and Country Planning (Scotland) Act 1972 as "land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground", there are other kinds of public and private open space, including woodland and linear open spaces such as canals and former railway lines. Open spaces serve different needs depending on their size, location, accessibility, landscape design and facilities. They range from small hard-landscaped spaces in city centres which serve the immediate population, to forest and Country Parks which attract people from a wide area. Often the larger open spaces contain sports pitches and also provide the local open space for people living near-by.

36. Planning for open space should begin with an analysis of the existing open spaces and the different needs they serve. The role of pedestrian routes and linear open spaces, such as riverside paths, in linking the larger spaces, and the function of open spaces in defining urban structure and providing a setting for buildings should also be covered. Issues of public safety and security, quality and, where appropriate, management options should also be addressed. Quality should take account of maintenance, with its continuing revenue costs. While not a statutory planning matter, the relationship of good design, low maintenance, and acceptable life cycle costs, carries implications for the strategic planning value of open spaces and should be taken into consideration in forward planning.

37. The open space analysis and application of the council's levels of provision will provide the basis for forward planning to cater for the needs of the population through a system of public parks, amenity open spaces, playing fields and sports pitches. If deficiencies or poor quality exist, the analysis should identify them so that policy can be determined or action taken. Cumulative neglect of maintenance of sports fields or facilities by private owners or the council itself should not be an excuse for disposal. It may often be easier and better serve the local community to enhance existing provision than develop anew. It will also be easier to resist a development proposal which affects a space which is well maintained and clearly serving the community.

38. Development proposals affecting open space, especially playing fields, must therefore be considered carefully if they would be likely to adversely affect the community value of the open space. Important issues will include whether there is or would be a surplus or deficiency in open space in the area, the contribution that brownfield, contaminated or derelict land could make either to relocate the proposal or to redress the loss of open space, sports pitches or other facilities, and whether the space is to be replaced with alternative provision giving similar community benefits. The consideration should take into account the leisure or sport and recreation strategy for the area, where one has been drawn up, and the needs of future generations, for once built on open space is almost certainly lost to the community for ever. In urban areas, over intensification (town cramming) can erode open space provision, especially small informal areas, while simultaneously adding to the demand.

39. On the other hand it may be possible to relocate sporting facilities or open space in some cases onto brownfield sites, particularly derelict and contaminated land, where viable residential development would otherwise be unlikely. In such circumstances development of open space may be a more sustainable option than developing a greenfield site. Redevelopment opportunities may thus be allowed which have the potential to result in an overall improvement in local amenity and facility provision, relieve pressure on urban greenfield land, or make full, productive use of an under-used resource. Councils should indicate these requirements in development plans before entertaining redevelopment of existing open space or facilities.

40. Substantial new developments, particularly for housing or business should require the creation of additional open space to meet local needs. Where the existing provision is already inadequate this is likely to be essential and may provide the opportunity to make up the deficiency, though it would be unlawful to require developers to provide for lack of past expenditure. New development often provides opportunities for developers and councils to work together voluntarily to alleviate deficiencies. Local provision of open space or other facilities will also assist in improving community identity, and by reducing the need to travel may contribute to the Government's objectives for reduced energy consumption and traffic accidents. New local provision should also be served by footpaths to enable safe access for pedestrians, especially the elderly and children. Maintenance of quality is an important consideration and responsibilities for maintenance and access, including maintenance of footpaths, should be clarified wherever possible by planning conditions or Section 50 Agreements. Further guidance is given in NPPG3 Land for Housing.

41. Serious crime and vandalism can affect open spaces and in the worst cases make them unusable. Location is particularly important. Councils and private owners of open space should give serious consideration to the ways in which they can minimise the chances of crime being committed. Lighting, landscaping, sports facilities and play areas should all be located and designed with crime prevention in mind, both for existing and new provision, and each proposal for new open space should be subject to a safety design audit before planning consent is given. Further advice is given in PAN 46 Planning for Crime Prevention. Accordingly, councils should therefore:

• carry out a study and analysis of existing open spaces, ideally as part of a sport and recreation strategy in Structure Plans;
• derive local standards for facilities and open space, after consulting the Scottish Sports Council, and state them in development plans as a basis for development control;
• seek to remedy deficiencies from standards through development plan allocations and development proposals;
• identify open spaces which should be safeguarded from development in the long term, those which require improvement, and those forming part of an access route network;
• indicate in development plan policies the criteria against which the council may be prepared to consider the redevelopment of existing facilities and open space; and
• design open space to minimise the risk and fear of crime.

Public Parks and Amenity Open Spaces

42. Scotland has inherited a legacy of long established public parks, and councils should be mindful of their responsibility to pass them down to successive generations. Their mature designed landscapes provide cherished environments which are likely to be damaged if development is allowed to encroach on them or if they are not maintained sensitively. Leisure and recreation departments will be well experienced in managing their parks, enhancing their attractiveness and introducing new features to reflect changing demands. In addition to extensive areas for informal recreation many parks also provide a range of sporting venues (e.g. putting greens, tennis courts, bowling greens) and children's playgrounds. Councils should identify the public parks in their area by age, size or quality etc. and by their range of functions, and protect them by effective local plan policies. Safeguarding of parks, or the important parts of them, from development may be achieved statutorily by designating them where appropriate as Conservation Areas or as part of a wider Conservation Area. This may give the council additional resources as well as protection for trees and other features. Alternatively, councils may carry out an inventory survey of their parks and approach Historic Scotland to add a particular park or parks to the National Inventory of Historic Gardens and Designed Landscapes. Further guidance is given in the Memorandum of Guidance on Listed Buildings and Conservation Areas published by Historic Scotland in 1993.

43. Informal amenity open space within development schemes and housing estates was intended to enhance the environment and provide for pedestrian links. In practice some have suffered from overuse and insufficient maintenance; some were poorly designed in the first place. They may however be a valuable open space resource, and councils should give priority attention to their redesign or improvement to be safe, accessible and pleasant environments. Where they are under pressure for infill development their role as part of the open space system (see paragraph 37) should be given full weight. Further guidance on infill development for housing is given in NPPG3 - Land for Housing. Therefore:

• public parks should be safeguarded from development and where justified, designated as Conservation Areas; and
• amenity open space of value within development schemes should be protected from development and enhanced.

Playing Fields & Sports Pitches

44. All playing fields and sports pitches, whether for school use, or owned by national bodies, higher education establishments or other public, private or voluntary organisations, are potentially significant for their sporting value, and for their value to the local community and the environment, unless proved by survey or strategic studies to be seriously lacking in quality or surplus to requirements. This potential is only fulfilled where they are properly maintained and managed. Where they are no longer required for their original purpose, the most appropriate alternative uses, dependent on the open space analysis (see paragraphs 36 and 37), will normally be for other sports or recreational use. Local plans should include a statement on the extent of educational and community requirements for playing fields and sports pitches, and contain policies for their protection.

Councils may not dispose of open space, or appropriate it for another purpose under the Town and Country Planning (Scotland) Act 1959 as amended by the Local Government (Miscellaneous Provisions)(Scotland) Act 1981, unless they carry out certain publicity. They are also under a general obligation under the Local Government (Scotland) Act 1973 Section 74(2) to seek the "best consideration", unless the Secretary of State gives them consent to do otherwise, in cases where there is an identifiable public gain, for example in the development of leisure facilities. The recent consultation paper Devolution of Power to Councils, published in December 1995, sought views on the possibility of the Secretary of State issuing a general disposal consent in relation to Section 74(2) or abolishing the need to obtain his consent.

45. Councils have, for some years, been encouraged by the Government to make use of their schools for community recreation purposes. More recently, in response to a fluctuating school population, some education authorities have taken decisions to dispose of land and buildings surplus to educational requirements. Such decisions are a matter for local discretion, but once redeveloped, it is unlikely that school playing fields can ever be reinstated, so the loss to the community should be regarded as permanent. Disposals should only be entertained if open space analysis demonstrates that the land is surplus to requirements, taking account of both its recreational and amenity value.

46. Given the projected increase in school rolls during the 1990s, changing work patterns, increased interest in health and fitness, the continuing sporting, recreational and amenity value of school playing fields, and local government reorganisation, planning permission should not be granted for their alternative use unless it has been established that they will not be required in future by the school or community. Leisure and recreation departments and the Scottish Sports Council should be consulted on all proposals affecting sports pitches and playing fields. In support of this policy, the Government proposes to give statutory consultee status to the SSC on development affecting land used and formerly used for such purposes (see paragraph 14).

47. There should be a presumption against redevelopment of playing fields or sports pitches, public or private. Development plan policies should indicate criteria by which redevelopment could be exceptionally allowed (see paragraph 39), such as to replace facilities with all-weather surfaces, or in more central locations, or to allow an important development on the site. Such exceptions should be based on strategic considerations (see paragraph 92), and should follow examination of all possible alternatives. This is particularly necessary before an open space of significant local amenity value is removed. In these circumstances the replacement area should be within or adjacent to the same community, not in distant suburbs or urban fringe. Piecemeal erosion of playing fields and sports pitches by a succession of small developments, possibly over a long period, has to be guarded against. It can stifle the future development of sport by taking the land needed for practice areas, training and spectator facilities and restrict the introduction of new sports. Moreover each relatively small loss will constrain the ability of ground staff use the land flexibly so that wear is distributed, and reduce the space around and between playing surfaces for informal recreation use and wildlife refuge. Accordingly, playing fields and sports pitches should not be redeveloped except where:

• the retention or enhancement of the facilities can best be achieved by the redevelopment of part of the site which would not affect its sporting potential and its amenity value; or
• there would be no loss of amenity and alternative provision of equal community benefit and accessibility would be made available; and
• there is a clear long term excess of pitches, playing fields and public open space in the wider area, taking into account long term strategy, recreational and amenity value and any shortfall in adjoining local plan areas.

Intensive Sports Facilities

48. Sports halls, swimming pools, other indoor sports facilities and outdoor synthetic pitches can provide for a wide range of activities fundamental to maintaining individual health and fitness. They can also serve as a focus for the community. They are often provided in association with a swimming pool; or as a private club, in which case they are often within or attached to a hotel. The location of proposals for these developments can sometimes be contentious, especially if floodlighting is required, if they generate noise, operate long hours, attract a large number of vehicle movements or have a large requirement for car parking. Sports facilities can attract large numbers of customers, particularly on weekday evenings and at weekends. Synthetic grass pitches are floodlit to maximise their use, and this can replace or help to relieve pressure on grass pitches and open space.

49. Councils will need to consider intensive facilities carefully especially where there is a requirement to advertise them under Article 12 of the General Development Procedure Order (see also paragraph 96 on bad neighbour development). The factors to take into account include strategic considerations of location and distribution in relation to need, the local environment, the population density, residential amenity, proximity to public transport, access for disabled people, noise, traffic and parking, and if appropriate the relationship to existing open space and grass pitches. Former mineral workings may provide suitable sites for a wide mix of sports such as water sports and motorsports, and quarries may in addition provide ideal conditions for climbing or artificial ski slopes.

50. The erection of floodlights will generally require planning permission. It may be possible to grant permission subject to conditions, for example limiting the hours during which the lights may be switched on, requiring the installation of shielding or restricting the brilliance of the lights. Accordingly, planning for intensive sports facilities should:

• protect residential amenity;
• provide for the needs of the disabled;
• minimise the impact of noise and light pollution from lighting systems;
• identify strategic locations which are accessible to the catchment population, giving priority to walking, cycling and public transport;
• set car parking standards at a level which is compatible with the need to reduce travel by car whilst minimising any inconvenience to residents; and
• identify in the Local Plan a suitable site for a council's own proposals .

Access Routes and Rights of Way

51. Footpaths are an important recreational resource. They provide one of the main means of public access through urban areas and within the countryside. To meet the growing demand for informal recreation it will be necessary to create and maintain a comprehensive network whilst respecting the needs and rights of landowners and farmers. There are virtually no legal Rights of Way for horse riding in Scotland, for example. Councils are encouraged to review existing access networks and consider how best these can be maintained, and augmented for all users. Councils have a wide range of mechanisms they can use to maintain existing footpaths and create new ones. When assessing their overall strategic approach they should consider how best to use appropriate mechanisms to deliver a network of access ways, particularly in and around towns and cities.

52. Councils are under a duty to assert and protect Rights of Way. Information they hold on `claimed' Rights of Way and Access Agreements may be made available to the public on a voluntary basis, along with tracks and paths which do not have Right of Way status, in association with information on leisure and recreation opportunities, preferably on a separate map. It should emphasise that mapping of claimed Rights of Way does not give them legal status. Councils should also consider supplementing their information before publication by a survey of current condition and signage. Improved information will help councils better carry out their powers and duties under the Planning and Countryside Acts. Councils may wish to consider whether any legally `asserted' Right of Way poses a significant development constraint, or if they wish to promote a Public Path Order, which developers should be informed of on the Local Plan Proposals Map. It may also be appropriate to protect a right of way with a planning condition.

53. Publicity for rights of way and other access routes should not take place before an analysis has been undertaken of the public path network, leading to prioritisation of proposals to enhance it. Ideally this should fit within and be justified by a wider strategy determining the distribution of major facilities and sport and recreation requirements, otherwise piecemeal local improvements could become redundant within a few years. The access network should be appropriate to the needs of today and the generations to come, and not seek to preserve every historic Right of Way. The gaps most urgently required to be filled are likely to be through and around new urban areas. Accordingly, councils should:

• protect, keep open and free from obstruction or encroachment any asserted public Right of Way;
• include in Local Plans a policy protecting Rights of Way and other permissive access routes;
• identify and prioritise gaps in the route network as part of a wider access strategy for sport and recreation; and
• consider enhancing the network by Orders, Agreements or designations on public land.

Former Railway Land and Tracks

54. Disused railway tracks have the potential to provide recreational opportunities in urban areas and the countryside. For example, such tracks can be transformed into footpaths, bridleways and cycleways, which not only provide safer alternatives to urban roads, but can give easy access to sports centres, swimming pools and the countryside, especially for children. When a proposal for redeveloping a goods yard or station site on such a route is being considered Railtrack Property would only be prepared to allow a corridor to be preserved for recreational use where a bona fide footpath scheme already exists or can be proved feasible. Nevertheless where a council has an opportunity to purchase a disused line, consideration should be given to its potential recreational and conservation value, taking into account the revenue costs of maintenance. Accordingly,

• the recreational potential of railway land and tracks should be considered during local plan preparation and in determining planning applications; and
• local plans should contain policies to safeguard their potential for recreational use, nature conservation and for possible return to transportation use.

Key Planning Issues in Non-Urban Areas

Urban Fringe

55. Councils should consider the provision of recreational facilities and increased public access to open land on the urban fringe, providing this is compatible with existing uses. On the urban fringe the protection or creation of open space, including linear features, for amenity, wildlife, landscape and heritage conservation or recreational purposes is no less important than in inner urban areas. Provision of open air facilities normally found further afield may also help to reduce the amount of travel, particularly by car. Accessibility by public transport will be important, particularly for facilities attracting young people such as skate parks and other centres for `alternative sports'.

56. The Local Plan should identify where sites for recreational use may act as an important buffer between urban and agricultural uses to help protect crops and animals from damage. Councils are asked to give favourable consideration to afforestation proposals for Community Woodlands in urban fringe areas, and possible diversification initiatives on agricultural land for recreational pursuits. It is important, where possible, to enhance the network of public paths in these areas (see paragraphs 51 to 53) and make them available for cycling and horse riding as well as walking. Where proposals for recreational initiatives are considered, nature conservation interests should be taken into account. Recreational opportunities may also arise in connection with new developments on the urban fringe, such as business and industrial parks. On the urban fringe consideration should be given to:

• use of recreational sites as a buffer to agricultural land;
• establishment of new woodlands for recreation ;
• changes of use from agriculture to sport or recreation; and
• enhancing the network of public paths for a range of users.

Green Belts

57. Green belts have been established for three main purposes (see Annex to Scottish Development Department Circular 24/1985):

• to provide countryside for recreation or institutional purposes of various kinds;
• to maintain the identity of towns by establishing a clear definition of their physical boundaries and preventing coalescence; and
• to maintain the landscape settings of towns.

Arising from these purposes a number of ancillary purposes have become commonly accepted, namely to reduce the need to travel, and to assist in urban regeneration through the containment of urban areas and directing development to inner city areas but not at the expense of valuable urban open space.

58. There is a general presumption against inappropriate development in the green belt, but outdoor sport and recreation may be appropriate where it requires the land resource and suits the purpose of the particular section of green belt. Applications for facilities such as club houses, storage buildings, indoor equestrian centres should be judged by whether there is a direct relationship between the proposal and the purpose of the site or adjacent area. The suitable conversion of redundant buildings may be needed and exceptionally it might be necessary to construct unobtrusive ancillary buildings of modest scale, including spectator accommodation, providing they are carefully sited and designed. Councils should consider each application on its merits, bearing in mind the objectives of green belt policy (see also paragraphs 68 to 73 on stadia). Where a green belt has more than one council consultation with neighbouring councils may be required to promote recreational provision within wider catchment areas.

59. The provision of outdoor sport and recreation facilities in the green belt may offer a means of improving wildlife habitats and the landscape. As in the urban fringe, opportunities should be taken to provide links into the urban areas, especially where linear features such as watercourses or former railway lines can be used to form green wedges or corridors. The work of the Edinburgh Green Belt Trust and the Strathclyde Green Belt Company are examples of collaborative work between local government, the private sector, land owners and other agencies. Accordingly, in green belts:

• outdoor sport and recreation may be appropriate provided they can be shown to be consistent with the purposes of the green belt ;
• suitable redundant buildings may be appropriate for re-use; any new buildings should be well designed, modest in scale and unobtrusive in appearance; and
• access by public transport and for walkers and cyclists particularly from urban areas should be enhanced.

The Countryside: Sport and Recreation in Rural Areas

60. The countryside provides a wide range of venues for sport and recreation for the general population, with over 80% visiting the countryside for recreational or sporting purposes at least once a year. The most popular activity is `informal recreation', which includes hill walking and rambling. A smaller but growing number of people take part in organised sports such as cycling, horse trials or orienteering. Visitors are attracted to the countryside by its natural beauty and landscape diversity, its nature conservation and cultural heritage interest, or its natural resources for specific activities (such as white water canoeing, hill walking and rock climbing). Certain characteristics may be of particular value for users at local, national or international level, and the role of the planning system is to safeguard them for future generations.

61. People living in rural areas have the same need for sport and recreation as people in towns and cities, but the provision of facilities has to be tailored to the smaller and more widely scattered population. Alternative provision for sports pitches and indoor facilities may be provided by community use of school premises, in village halls, or by appropriate conversion of farm buildings. Facilities often serve a wide area. In some cases residents, tourists and visitors together support facilities which would not otherwise be viable.

62. At the same time, the provision of sport and recreation facilities in rural areas has an additional significant purpose in contributing to the retention of population and in promoting tourism, hence having an impact on the rural economy. Concerns about rural recreation relate to conflicts between active sports such as mountain biking, canoeing, off-road driving and motor cycle scrambling and passive or quiet enjoyment of the countryside such as walking, mountaineering and fishing. More generally, there is concern about the environmental impact of recreational pursuits and their related developments, their relationship to rural land management, and how they can be harnessed to bring benefits to the rural economy without posing a risk for landscape, nature conservation and rural management objectives.

63. The Government's policy on new development in the countryside set out in NPPG3 Land for Housing is based on the following principles:

• development should be encouraged on suitable sites in existing settlements;
• the coalescence of settlements and ribbon development should be avoided; and
• isolated development should be discouraged in the open countryside unless particular circumstances are clearly identified in development plans or there are special needs.

Guidance on other land uses is given in NPPG3 Land for Housing, SDD Circular 18/1987 Development Involving Agricultural Land, and PAN43 Golf Courses and Associated Development.

64. The Government's policy on development affecting nature conservation and international designations is set out in The Scottish Office Environment Department Circulars 13/1991 and 6/1995. Sports and recreation can co-exist with sites designated for nature conservation, such as SPAs, SACs, NNRs and Ramsar sites. Some recreational developments may be inappropriate but there is no general prohibition against development in these areas, and recreation activities may go ahead if an appropriate assessment indicates that there will not be an adverse effect on the interests for which the site is designated. In any future Natural Heritage Areas which may be designated, conservation and recreation provision will both be important objectives although the priority will be placed on safeguarding the natural heritage.

65. In areas designated for their national landscape or cultural heritage importance (National Scenic Areas, Scheduled Monuments and other significant archaeological sites, Listed Buildings, Historic Gardens and Designed Landscapes) as well as in designated landscape areas of more local importance, the demand for recreation can be met generally so far as it is consistent with the conservation and enhancement of the interest for which the site or area is designated, and with respect for the needs of agriculture, forestry and other rural land uses. The recreational qualities of many areas, notably their silence, solitude or remoteness, need also to be considered.

66. Through the strategic provision of managed facilities or alternative locations it may be possible to reduce visitor pressure on the most sensitive environments and on agricultural businesses. There are therefore benefits in providing and enhancing countryside facilities including Regional and Country Parks, Local Nature Reserves, interpretive centres, picnic areas, car-parks, canals, footpaths, cycleways and bridleways. Under the Set-Aside and Environmentally Sensitive Areas schemes land may potentially be available for suitable sports facilities and for public access, subject to appropriate planning controls. Councils will consider the potential impact of particular facilities on popularly visited locations as a normal part of their development control procedures.

67. In rural areas the aim should be to reconcile environmental, economic and sporting objectives through careful planning and appropriate management measures. Sporting and recreational activities should avoid disturbance to the farming activities of agricultural businesses and be sustaining of the natural resource while maintaining the quality of the area. Noise and disturbance by large volumes of traffic or by the nature of the sport itself may be totally unacceptable in some locations. In development plans and through development control, councils should take account of the nature of the sporting or recreational activity and the ability of the land or the landscape to sustain that activity in the long term. Some locations may be suitable for simultaneous use by a number of complementary activities, while in others separation by appropriate management measures will be needed (for example through restrictions on time, space or season). Planning conditions and Section 50 or Access Agreements may be needed to achieve this. At locations where more activities are possible, councils may consider promoting `enabling' infrastructure (e.g. for launching watercraft) that would lead to further provision being made. More detailed advice may be obtained from the regional offices of SNH. Accordingly planning policies should:

• endeavour to provide for the sporting and recreational needs of the residents of rural areas particularly for all weather facilities;
• safeguard national nature conservation and cultural heritage designations from sporting and recreational development which would damage their overall integrity;
• continue to protect the character of designated landscape areas against developments, including traffic generated by them, which would impair their recreational qualities;
• support traditional rural recreations and other forms of leisure which are in keeping with the landscape, infrastructure and economy; and

Additional Guidelines for Particular Sports

Stadia

68. The Government accepted all the recommendations made in Lord Justice Taylor's Final Report into the Hillsborough Stadium Disaster, including, in particular, the requirement that all designated sports stadia should be converted to all-seated accommodation for reasons of safety, public order and spectator comfort. In Scotland, the effect of this requirement on sports ground owners was that Hampden, Murrayfield and football grounds of clubs in membership of the Premier League had to be all seated by August 1994. Football clubs subsequently promoted to the Premier League up to and including the end of the 1993/94 season will have a period of 5 years to become all seated.

69. Development and redevelopment projects at Premier League stadia are continuing, however, as some clubs continue to improve their spectator facilities, and clubs outside the Premier Division are active in stadia redevelopment. Following strong representations during the review of all-seated requirements, it was decided that clubs outwith the Premier Division could retain standing accommodation. The Secretary of State remains concerned that such grounds should be as safe as is practicable. In any improvement work on retained standing areas, clubs should take into account the possibility of conversion to seating at a later date. Clubs with ambitions to join the Premier League should continue to work towards making their grounds all-seater (SOED Circular 8/1992 provides further guidance and information).

70. To achieve these improvements, some clubs will need to redevelop their grounds to varying degrees, possibly enlarging the stadium/site, or in some cases transferring to new locations. Many grounds are out-dated and lacking in amenities. Some may be unsuitably sited in residential areas with poor access by public transport and inadequate parking. New locations within urban areas may well offer the best prospect for achieving good access by public transport and acceptable car parking. Sites remote from urban areas and without adequate public transport will increase trip lengths and dependence on car travel.

71. In considering proposals which will improve safety and public order, particularly where a new ground is proposed, it is important that councils should consult the club concerned at an early stage if there is to be a chance of influencing strategic location. They may wish to start discussions as soon as it is known that a particular club is seeking redevelopment or relocation. The size of stadium may be of sufficient importance to warrant a locational policy in the structure plan, providing the timescale allows. Opportunities for providing multi-purpose community centres for sport and physical recreation could be considered. In any case preparatory work for a sport and recreation strategy may provide valuable guidance, though applications are often linked to commercial developments which have other land use implications. Given the urgency of many moves towards improved stadia, and the wide impact that a new football stadium may have, councils may find it helpful to consult neighbouring councils and the relevant football clubs concerning a strategic site.

72. The adequacy of existing stadia and the need for improvement, should be taken into account in preparing and reviewing local plans. Account will need to be taken of all normal planning considerations, such as traffic, parking, access to public transport, and possible conflicts with neighbouring uses. The improvement of safety and public order are also important factors which will need to be given due weight both in formulating local plan policies and in dealing with specific applications (see Guide to Safety at Sports Grounds Home Office/Scottish Office, HMSO 1990). Councils should also have regard to the extent to which proposals incorporating multiple-use and non-football leisure facilities will be of benefit to the community as a whole. Considerations of particular relevance to the relocation of clubs will include the possible use of reclaimed or derelict land, especially in the urban fringe, including former mineral sites, and the proximity of any new site to the traditional catchment area of the club.

73. A stadium cannot be regarded as an appropriate development within a green belt because of the size of the structures involved. Very special circumstances would be needed to justify setting aside the general presumption against inappropriate development in green belt and undermining its permanence. It would be most unusual for a stadium proposal to meet these requirements unless all other practicable options for location had been exhausted, preferably in the context of the Structure Plan. It could be considered alongside any proposal for adjustment of green belt boundaries. Such boundaries should be altered only in exceptional circumstances after consideration of all other options, such as redevelopment of the existing ground, development opportunities within urban areas, or on vacant, derelict or underused land. Procedures for making and reviewing local plans provide opportunities for full public consultation on proposals to alter green belt boundaries. In planning for stadia:

• councils are asked to give sympathetic consideration to development proposals designed to improve spectator safety and public order;
• new sites for club grounds may raise new issues of strategic importance;
• material considerations include safety, public order, transport and the possible benefits of multiple use; and
• green belt land should only be considered for siting a stadium in exceptional circumstances.

Golf

74. The Scottish Sports Council has identified an unmet demand for golf, arising mainly between Glasgow and Edinburgh and around Dundee and Aberdeen, equivalent to the capacity of about 60 courses. PAN 43 Golf Courses and Associated Developments explains the background and includes a map showing where new, improved and more accessible courses can be located to satisfy demand.

75. Golf courses can increase the recreational use of the countryside but they can also have a significant impact. Poor location and management of golf courses, particularly on the coast can cause loss of habitat for wildlife, though there can be ecological benefits particularly for land coming out of agriculture. Conflicts may need to be resolved through an Environmental Assessment. The Scottish Golf Course Wildlife Group can provide helpful advice, including on preparation of integrated management plans. Each proposal should contain full details of the site and of the impact or environmental benefit of the development proposed, including the effect on public access and Rights of Way. Associated developments, such as hotels or chalets, can improve the attractiveness of an area to tourists and in turn bring employment benefits, but they must be considered on their own planning merits in land use terms. A golf course should not provide the justification for approving an associated development if it would not normally be acceptable in itself.

76. Golf driving ranges can take pressure off existing courses and lead to increased participation in the sport. They are most likely to be successful in meeting demand in or near urban areas. They are however a more intensive land use than a course, requiring buildings and sometimes safety fencing and flood lighting. These features mean that in green belts in particular they should only be permitted where they do not place an unacceptable additional burden on landscape character.

77. Special care should be taken in considering applications which affect SPAs, SACs, Ramsar sites, National Scenic Areas, Natural Heritage Areas, SSSIs, green belts, Scheduled Monuments and other significant archaeological sites and landscapes, historic designed landscapes, the setting of Listed Buildings and the undeveloped coast. Historic Scotland and SNH publish an Inventory of Gardens and Designed Landscapes. This Inventory is currently being extended. Accordingly, councils should:

• include policies in Local Plans to safeguard national natural and cultural heritage designations from golf developments which would damage their overall integrity;
• seek to identify sites or general locations in Local Plans for additional courses in areas of unmet demand;
• refuse planning applications for development associated with a golf course if the development would not be acceptable in its own right; and

in evaluating proposals for golf courses and ranges:

• consider any unmet demand identified by the Scottish Sports Council;
• aim to locate facilities that are accessible by public transport and to those on foot;
• consider re-use of vacant, derelict or contaminated land;
• secure a design suited to the landscape, including its historic elements;
• provide for and enhance natural habitat areas; and
• consult appropriate bodies whose interests feature in any golfing proposal.

Motorsports

78. Motorsports comprise a number of skilled competitive activities for motor cars, motor cycles and karts. They include a wide range of events on special circuits, over rough tracks and on public roads. For example, rallying has growing support and has operated successfully for many years using forestry roads in controlled conditions. A positive attitude to making provision for these sports should help to locate them where issues such as noise and dust, traffic generation, disturbance of wildlife and livestock, and in some cases soil erosion, can be properly addressed. The provision of planned facilities may help to control informal or unauthorised use in inappropriate places such as playing fields. Such requirements should be identified in liaison with the participants, the relevant governing body and the SSC.

79. Where there is a clear demand for motor sports, or councils have undertaken a study to identify demand in relation to existing facilities, it is important that the council seeks to identify sites which will minimise conflicts with other uses. Criteria for the selection of sites for regular use must include the potential impact of the activity on the site and on adjacent land use and nearby residents. Suitable sites can often be found; they could include degraded land, former mineral sites or set-aside farming land. They may be adjacent to an existing source of noise such as a main road, or in locations screened by banks and trees. It is important that they be secured against unauthorised use. If the governing body of the relevant sport has produced a code of conduct for use when organising events, this should be consulted when seeking to resolve problems with existing sites or considering new ones. In providing for motor sports:

• councils should take a positive role in the context of their development plan work; and
• sites should be identified and proposals considered on the basis of minimising conflicts and adverse environmental effects.

Shooting

80. Clay target shooting has developed as a closed season alternative to game shooting. Where a site is used for less than 28 days per year planning permission is not needed. Target shooting takes place indoors and outdoors, and the facilities normally require planning permission. Local authorities should have regard for public safety when considering the siting of such developments. Furthermore, a positive approach is required to ensure that noise is contained or its effects minimised. The British Association for Shooting and Conservation should be consulted. Accordingly:

• facilities for shooting should be designed and located to maximise safety and minimise the impact of noise.

Paint Ball and War Games

81. Newer leisure activities, such as war games, can cause disturbance, danger and noise problems, especially in sensitive areas such as ancient woodlands. A council may seek a direction under Article 4 of the GPDO withdrawing permitted development rights so requiring a specific planning application to be made for a temporary use. Permitted development rights should however only be withdrawn where the threat to the amenity of the area is judged to be significant, preferably in the context of a local Plan. Accordingly:

• war games, even on a temporary use basis may not be an acceptable use, especially if they would have a significant effect on sensitive environments.

Air Sports

82. Participation in air sports has grown substantially over the last 20 years, particularly as hang-gliding, gliding and microlight aircraft have developed. Flying light aircraft for sport has also increased, adding to the general rise in the use of airports and airfields, and although some have closed down for economic reasons, others have extended their availability to larger aircraft. Small airfields are being established on new sites, particularly where landowners wish to take advantage of the set-aside scheme. The main environmental issue is likely to be noise. Accordingly:

• in considering an application for an airfield, councils should assess carefully the environmental issues to which the proposed runway and circuit alignments would give rise;
• wider sporting and recreational use of the airfield should be considered; and
• councils should consult the Civil Aviation Authority.

Noise and Sport

83. The impact of noise is an important issue for sports such as shooting, war games, motorsports, powered water sports and air sports, and also for some spectator sports. Steps can sometimes be taken to reduce it at source, but most noisy sports ought to be located where their impact can be minimised by landform or woodland. Former mineral workings may provide opportunities. Strategic planning of use of different areas of land or water, or parts of them for different sports may be the best solution, though securing bye-laws is known to be difficult. General guidance on planning and noise is given in SDD Circular 23/1973 and the attached Memorandum. The Control of Pollution Act 1974 and the Environmental Protection Act 1990 enable the Secretary of State to approve codes of practice giving guidance on appropriate methods of minimising noise. A code on noise from model aircraft was issued in 1982. Further draft guidance on Planning and Noise will be issued during 1996. Accordingly:

• noisy sports should be located where their environmental impact can be contained and minimised.

Water Sports

84. Water sports are a diverse group of activities but taken as a whole they are the fastest growing recreational activity. Scotland's lochs, inshore waters, rivers and canals are under increasing pressure to provide venues suited to all types of water sport as well as angling/fishing. The British Waterways Board controls the use of canals and elsewhere it is the councils who are responsible for licensing boats and preparing byelaws to control the use of inland water. The Scottish Sports Council has published codes of practice designed to minimise the competition for water between different water sports and improve safety. The Scottish Office has published a code of practice for water and sewerage authorities, and river purification authorities, entitled Conservation, Access and Recreation, and is to publish a Guide to Measures Available to Control the Recreational Use of Water in 1996.

85. Councils are encouraged to adopt a strategic approach to planning for water sports, to increase the access to or availability of water resources to meet sustainable demand and to prevent overcrowding and conflict in the most popular areas. This is most appropriate at Structure Plan level. Depending on pressures, development plans may encourage strategic grouping of facilities, or even a distinction between encouraging environmentally benign unpowered water sports over other types. The SSC is preparing a guide to the formulation of management plans for sport and physical recreation on inland water.

86. The need for access across land to inland or coastal water should be recognised when considering land uses adjacent to these waters. Ancillary space requirements for launching, mooring and car parking can vary from modest dimensions to large compounds. Where there is a shortage of mooring facilities additional sites may be sought through the planning process to ensure they are placed in the best location. The Royal Yachting Association can provide helpful advice, particularly on safety considerations. Development opportunities may be identified in former mineral workings, disused commercial docks and redundant agricultural land in proximity to inland or tidal water. Such use can provide extensive new moorings but must do so in a way which fully recognises the sensitive nature of the aquatic environment and the landward impact of the facility. In planning for water sports:

• a strategic approach should be adopted to identifying and protecting water resources, taking account of the need to avoid overcrowding and for access across land;
• sites or general locations for additional mooring facilities should be identified systematically through Local Plans;
• proposals for new moorings must demonstrate that they do not damage the wider aquatic environment;
• landward facilities for watersports should take account of traffic congestion, environmental features and the long term impact on the visual quality of the shore; and
• the wider environmental impacts, e.g. noise, shoreline erosion and loss of amenity for other users, should be considered.

87. In considering development plan policies and proposals for new development affecting inland waters, councils should bear in mind the need to obtain advice from and consult with SEPA who have a statutory responsibility to safeguard water quality. For water sports development proposals generally or when considering and preparing bye-laws or regulations to license boats, the SSC and the appropriate governing body should be consulted.

Cycling

88. Cycling as a sport and recreation is increasing in popularity, with growing awareness in the general population of health and fitness needs. Growth in recreation cycling will be promoted further by the recent Millennium Fund award to the charity Sustrans for a national network of cycle routes. A National Cycling Forum now exists and a local government Cycling Officers Liaison Group has been set up to work co-operatively. Many councils are now working with cycling groups to provide separate tracks (e.g. in parks, alongside rivers, canals and on former railway tracks), but the main opportunities lie in providing safe cycle provision on roads and footpaths. The Scottish Office Chief Road Engineer's Cycling Advice Note 1/90 identifies one of the Department's main concerns as helping to make cycling safer, and provides guidance on the planning, design and legal aspects of facilities for cyclists. A Government policy paper Cycling into the Future: The Scottish Office Policy on Cycling was issued in April 1996.

89. Local Plans can identify cycle networks and designate cycle routes. The Advice Note indicates scope for joint working with transport authorities. Councils should aim to integrate cycle routes into the public transport system, and to encourage the development of appropriately located facilities to help travellers split modes of travel. To improve safety, lighting may be required in exposed places, under bridges or in areas with restricted width. For longer recreational routes useful sources of information are the report of the Scottish Railway Path and Cycle Route Project, published by HMSO for the Scottish Office in 1986, and the National Cycle Network published by Sustrans.

90. Mountain biking or off-road cycling is growing in popularity. Intensive use of a trail or path can however lead to a deterioration of the surface and eventually to erosion. In the management of their countryside facilities, councils are already encouraging mountain biking by providing hire facilities and marked trails, and this can help to draw demand away from the more sensitive landscapes and areas. Mountain biking does not normally require planning permission, though the provision of some associated facilities may. A code of conduct for off-road cycling has been issued jointly by the SSC, SNH, Forestry Commission, Forestry Enterprise, in association with the Cyclists Touring Club.

Other Sports

91. Councils should consider, where appropriate, the sports facility requirements of other sports. Field archery, for example, requires large, safe areas wherever possible. Where councils lack experience or knowledge of sports they should contact the SSC for advice. Ski-ing is the subject of a separate draft NPPG issued in February 1996.

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Structure Plans

92. Structure Plans should set out a long term vision for meeting sporting and recreational needs, including the approach to levels of provision and policies for safeguarding major open spaces. In the short term policies should provide protection appropriate to the local circumstances. In the medium term councils should work towards a strategic approach to planning for sport and recreation and determine priorities accordingly. A strategy which assesses demand in the area and relates it to existing provision should be drawn up with advice from the national agencies, and where necessary sport governing bodies, and input from other council departments. In particular the need for specialised facilities with extensive catchment areas may have to be addressed through a combined council approach. Structure plans will also need to reconcile provision for sport and recreation with demands for other land uses, and with responsibilities for the natural and historic environment (see Sport Matters: Planning for the Future, SSC 1995, and Countryside Recreation and Access Strategies, SNH to be published 1996). Accordingly, structure plans should:

• define the importance of sport and recreation as part of the plan's strategic long term vision for its area;
• provide guidance for Local Plans for more detailed policies, including the approach to defining levels of provision of open space and the most popular facilities;
• identify existing facilities with strategic implications and deficiencies;
• identify the scope for major new or improved facilities and initiatives with a dispersed catchment (e.g. regional parks);
• indicate the general locations for facilities of strategic or national importance;
• identify sensitive environmental areas where provision for sport or recreation would be inappropriate; and
• show that the advice given by the Scottish Sports Council, Scottish Natural Heritage and other specialist bodies has been taken into account.

Local Plans

93. The preparation or alteration of a Local Plan provides the opportunity to assess local needs for sporting and recreational facilities in relation to local levels of provision; identify deficiencies; encourage the development of suitable sites for additional provision; ensure that provision is properly co-ordinated with other forms of development and other land-use policies; and protect open space and other land with recreational or amenity value. Councils may prefer to indicate their chosen levels of provision in supplementary guidance rather than as policy. The amount of work required to assess local needs and identify deficiencies will depend on the stage reached in preparation of the Structure Plan strategy. Policies should offer reasonable certainty to developers, landowners and residents about the weight to be given to sport, recreation and open space needs and requirements. Councils may indicate in local plans the circumstances in which they will seek planning agreements to achieve the provision of leisure and recreation facilities.

94. Policies should be prepared after close co-operation between the planning department, the department responsible for sport and recreation and other council departments with an interest, particularly education. The Scottish Sports Council should be consulted. Accordingly, local plans should:

• apply the policies and strategy of the Structure Plan;
• have regard to the recreational needs of all members of the population including disabled people, the elderly and children;
• identify existing sports facilities, parks, open spaces, pitches and playing fields, and show those important for protection on the Proposals Map;
• indicate how unmet demand for facilities, including those identified in the Structure Plan, may be satisfied;
• indicate the circumstances in which the council will seek to use Section 50 Agreements;
• indicate the sites where proposals to satisfy unmet demand can be located, including, if appropriate, sites for open space in urban areas;
• include policies to protect and enhance existing open space, including public parks and playing fields and other land of recreational, amenity or wildlife value;
• prevent the piecemeal erosion of playing fields and pitches through a succession of small developments over a long period;
• identify and protect water sports areas and identify water resources with potential for development to meet current and future demand;
• identify public access routes, referring to other publications if appropriate, state the statutory position and indicate where the network requires to be augmented; and
• safeguard and improve public access to open space and to the countryside, and promote new or replaced routes.

Development Control

95. Sporting and recreational activities span a wide range of land uses and developments, from minor works which are permitted development to the provision of major sporting venues of international standard. Provided care is taken in choosing the site, designing the scheme and applying planning conditions, provision ought to be capable of being successfully integrated into an urban or rural area. If a sport or recreation application raises a number of complex issues requiring careful consideration or if councils are faced with an application for which they have little experience, they should initially consult their colleagues in the leisure department, and if relevant seek advice from SNH. Consultation arrangements with SSC are set out in paragraphs 14 and 15 above.

Bad Neighbour Developments

96. To safeguard the amenity of existing areas, a number of developments are subject to special statutory procedures. Applied sensitively these may require some proposals to be refused, but in general most urban areas should be able to offer suitable locations for the range of developments that are likely to be required. The procedures are specified as applying to a number of projects including motor car or motor cycle racing, a swimming pool, skating rink, building for indoor games and a gymnasium not forming part of a school, college or university (these are defined as `bad neighbour' developments under the General Development Procedure Order 1992).

97. Other developments not specifically listed in the GDPO may also be defined as 'bad neighbours' in Schedule 7 if the construction, operation and use of buildings or land would:

• affect residential property by reason inter-alia of noise or artificial light;
• alter the character of an area of established amenity;
• bring crowds into a generally quiet area;
• cause activity and noise between the hours of 8pm and 8am; and
• introduce significant change into a homogeneous area.

Councils will need to apply discretion to this definition as any of these criteria could be applied to many sport and recreation developments. Accordingly:

• in determining applications for bad neighbour development, councils should exercise discretion regarding sport and recreation proposals, other than those specified in the Order.

Environmental Assessment

98. The Environmental Assessment Regulations list the projects which might give rise to significant environmental effects. They include: a ski-lift or cable car, a racing track for cars or motorcycles, a holiday village, and a yacht marina. Where a sports or recreational facility is part of an urban development project it might also be a candidate. For other projects the normal means of planning control should enable the council to gather sufficient environmental information for their determination to be fully informed. The consultations required by the GDPO will assist in this. More detailed guidance is set out in SDD Circular 13/1988.

Conditions and Planning Agreements

99. Planning permission for a new sporting or recreational facility is likely to be subject to conditions such as times of operation, parking provision, public access, restrictions on use and ancillary development. Conditions can also be used to ensure that the sporting or recreational element of a mixed development is implemented as proposed. The guidance given in The Scottish Development Department Circular 18/1986 - The Use of Conditions in Planning Permissions should be followed.

100. General policy on the use of agreements made under Section 50 of the Town and Country Planning (Scotland) Act 1972 is set out in The Scottish Office Development Department Circular 12/1996. Within that policy context it is for authorities to consider circumstances in which such agreements may be appropriate to secure the provision or enhancement of public open space and sporting, recreational, social, educational or other community facilities if a major development proposal is to be able to proceed.

101. In dealing with applications for planning permission, councils should therefore:

• have regard to the provisions of this guideline;
• make the determination in accordance with the development plan unless material considerations indicate otherwise;
• recognise that accessibility by bus, train, cycle or on foot will be a material consideration;
• consult with the Scottish Sports Council, Scottish Natural Heritage and with any specialist organisation for a specific sport or recreation;
• resist proposals for development or redevelopment of open space unless special considerations in terms of this guideline apply;
• consider the recreational needs of all members of society, including disabled people, the elderly and children;
• reconcile the interests of sport and recreation with other land uses, particularly in residential areas, on agricultural land and in the countryside, while protecting the natural heritage;
• give sympathetic consideration to applications from sports clubs seeking to improve conditions for spectators; and
• use planning, and where appropriate other legal agreements, selectively and with discretion.

Annex 1: the scottish sports council governing bodies and other organisations concerned with sport