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PROTECTION OF OPEN SPACE
Presumption against development of open space
28. There is a presumption against development on existing valued and functional open space or space capable of being brought back into functional use. Development plans will identify open spaces which are to be protected and enhanced. Open space which is in use or capable of making a positive contribution to the health and wellbeing of the community should not be developed for other uses. Where an open space audit has demonstrated a clear long term surplus of a particular type of open space within an area, the development plan should identify other appropriate open space uses for such areas.
29. Only where there is strong justification, and where replacement open space forms part of the proposal, should open space which is functional, or capable of being brought back into functional use, be developed either partly or fully for a purpose unrelated to use as open space. Such justification must include evidence from the open space audit that the development will not result in a deficit of open space provision within the locality and that any community concerns have been addressed. It should also include evidence that the proposed development is required and that alternative sites have been considered. Where a planning authority proposes to grant consent for development on land identified as open space in the development plan, the application must be notified to Scottish Ministers. An amendment to Circular 4:1997 Notification of Planning Applications will be made to reflect this change.
30. Local authorities should specifically protect open space in their ownership. There is a presumption against disposal of such sites for development except where they have been identified through the local authority's open space strategy and development plan as surplus to current and future community requirements. Where a planning authority proposes to grant consent for development on open space in which the local authority has a financial or ownership interest, and there is a substantial body of objection , the application must be notified to Scottish Ministers.
Consultation question
(ii) Do you agree that the SPP should include a model development plan policy for protection of open space, such as:
"Development on areas of open space shown on the Proposals Map, including playing fields and green networks, will not be permitted unless the area has been identified as surplus to the community's current and future requirements through the Council's open space strategy. Where, exceptionally, development affecting an area of designated open space is permitted, the effects on openness will be minimised and the area will be improved and managed for its recreational, educational and natural heritage values in the long term. The planning authority may use conditions or agreements to achieve the objectives of this policy."
31. Trees can form a major element of both formal and informal open space, and have a value in their own right. Planning authorities have responsibilities to protect trees under the legislation relating to Tree Preservation Orders.
32. Development proposals affecting playing fields should be assessed against the development plan and a key material consideration will be the playing fields strategy (see paragraph 27). The overall objective should be to ensure that there are sufficient playing fields in terms of quantity, quality and accessibility to satisfy current and likely future demand within the community. Playing fields and sports pitches should not be redeveloped except where one of the following circumstances apply:
a. The proposed development is ancillary to the principal use of the site as a playing field;
b. The proposed development involves a minor part of the playing field which would not affect its potential for games and training;
c. The playing field which would be lost as a result of the proposed development would be replaced by:
(i) a new playing field of comparable or greater benefit for sport and in a location which is convenient for its users; or
(ii) the upgrading of an existing playing field to provide a better quality facility, either within the same site or at another location which is convenient for its users and which maintains or improves the overall playing capacity in the area; or
d. A playing field strategy prepared in accordance with a methodology approved by sportscotland has demonstrated that there is a clear excess of sports pitches to meet current and anticipated future demand in the area, and that the site in question could be developed without detriment to the overall quality of provision.
If a proposed development satisfies at least one of the above conditions and the site is no longer required for formal sports use, the planning authority must consider whether the site has other recreational or amenity value which would warrant its retention as open space.
33. sportscotland should be consulted on planning applications for developments which are likely to affect existing sports facilities, as set out in the following paragraphs. Where there is an objection from sportscotland, this will lead to a requirement to notify Scottish Ministers.
34. In relation to playing fields, defined as any sports pitch of 0.4 hectares or more, sportscotland should be consulted on any planning application for development which is:
- likely to prejudice the use of land as a playing field;
- likely to lead to loss of land used as a playing field; and
- on land last used as a playing field which has not subsequently been built on.
35. In relation to community sports facilities covering a smaller area, sportscotland should also be consulted on any development likely to prejudice or lead to loss of land either currently or last used as:
- tennis courts;
- bowling greens;
- multi-courts;
- athletics tracks;
- other community sports facilities.
Scottish Ministers will bring forward amendments to the GDPO / issue Notification Direction as necessary.
Consultation questions
(iii) For development proposals likely to affect other types of open space not included in the remit of sportscotland, is there a need for further consultation arrangements, for example with Scottish Natural Heritage or Greenspace Scotland?
(iv) Should controls extend to demolition of facilities, to avoid the potential for removal of sports facilities without consultation withsportscotland?
Local authority development and schools development
36. Development by local authorities is subject to normal planning considerations. The lead department within the local authority, or its agents, should take part in early discussions with the planning authority and with sportscotland and ensure that sites are brought forward through the development plan process. Site selection procedures should respect the need to protect existing public open space and school playing fields. Planning Advice Note 55 (currently under review) contains good practice advice on public private partnership ( PPP) projects and the planning system.
37. The school estate has to evolve to meet changing circumstances and some schools have to be refurbished or replaced. In some areas, in response to falling school rolls, rationalisation and merging of schools may be necessary. It is very important that adequate provision for playing fields and other informal space is made in any new schools developments, and school premises regulations 4 include requirements for minimum playing areas. New developments can lead to the provision of improved sports facilities, such as replacement of blaes pitches with all weather surfaces. However, any pressure to support school rebuilding through land disposals and possible reduction or loss of playing fields must be balanced with the need for well-planned schools and sports facilities.
38. Wherever possible, the sports facilities within new schools should be designed to allow flexible access, so that subject to management arrangements, facilities can be used by the wider community outside school hours. The planning brief for schools developments should highlight development plan policy on open space and playing fields provision.
39. School playing fields should be designated as open space in the development plan and this should be reflected in planning decisions. Paragraph 32 indicates how any development proposal affecting playing fields should be assessed. Where a school is being closed, planning permission for development on the playing field should only be allowed where the open space strategy provides evidence that the site is no longer required either for educational or community use, including passive recreational use.
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