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PROTECTION OF OPEN SPACE
Presumption Against Development of Open Space
40 There is a presumption against development on open spaces which are valued and functional, or which are capable of being brought into functional use to meet a need identified in the open space strategy. Local development plans will identify and protect such open spaces, in line with the findings of the open space audit and strategy. The strategy may not cover every open space but may instead focus on larger and more important spaces. Where there is other open space which is not identified in the strategy but which is valued and functional or which contributes to local amenity, biodiversity or other planning policy objectives, this should also be protected in the development plan.
41 Only where there is strong justification should open space protected by the development plan be developed either partly or fully for a purpose unrelated to use as open space. Justification must include evidence from the open space audit that the development will not result in a deficit of open space provision of that type within the locality and that alternative sites and any community concerns have been properly considered. Where, exceptionally, it is proposed to grant permission for development which would result in or exacerbate such a deficit, replacement open space of appropriate type, quantity, accessibility and quality must be provided.
42 When considering proposals which involve the loss of open space, planning authorities should consider the need for consultation with local and national interests appropriate to the type of open space involved. The Appendix contains information on a number of consultees and other stakeholders and their remits.
43 Where a planning authority proposes to grant permission for development which would lead to the loss or partial loss of an open space identified in the development plan, the application must now be notified to Scottish Ministers. These arrangements are set out in Circular 7/2007 and its accompanying Direction.
44 Trees and woodlands can form a major element of both formal and informal open space, and have a value in their own right. Planning authorities should seek to protect trees, groups of trees and areas of woodland where they have a natural heritage or landscape value or contribute to the character or amenity of a particular area.
Protection of Playing Fields
45 Playing fields are an important resource for sport and can have a key role within the community. Key material considerations will be the open space strategy and (where one exists) playing fields strategy. 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 community demand. Playing fields, including those within educational establishments, which are required to meet existing or future needs should be identified in the local development plan. To identify current and future needs, local authorities are expected to develop a playing fields strategy in consultation with sportscotland, as part of the wider open space strategy.
46 Playing fields and sports pitches should not be redeveloped except where one of the following circumstances applies:
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 use and potential for sport 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.
47 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, amenity, landscape or biodiversity value which would warrant its retention as open space.
48 Planning authorities should include a policy for the protection of playing fields in their local development plans. Paragraph 46 above can be used as a model policy, and planning authorities are encouraged to integrate such a policy into local development plans at the next available opportunity. Model planning policies aim to provide consistency and clarity in development plans, with the objective of being effective for use by most planning authorities. The model policy is not mandatory, to allow for local variation where there is sensible justification for doing so.
Local Authority Development and Schools Development
49 Development by local authorities is subject to normal planning considerations, including the policy advice in this SPP, and local authorities should seek to protect and enhance open space in their ownership.
50 Where development of publicly owned open space is being considered, the lead department within the local authority, or its agents, should take part in early discussions with the planning authority (and with sportscotland for playing fields and other sports facilities) and seek to ensure that sites are considered as part of the open space strategy and brought forward through the development plan. PAN 55: The Private Finance Initiative and the Planning Process contains good practice advice on public private partnership ( PPP) projects and the planning system. PAN 82: Local Authority Interest Developments advises planning authorities on appropriate handling of planning applications where they have some interest in the proposed development. Where a planning authority proposes to grant consent for development in which it has a financial or ownership interest, the application must be notified to Scottish Ministers if there is a substantial body of objection or if the proposal is contrary to the development plan.
51 The school estate has to evolve to meet changing circumstances and some schools have to be refurbished or replaced. In response to falling school rolls in some areas rationalisation and merging of schools may be necessary. It is important that adequate provision for playing fields and play space is made in any new schools developments. The school premises regulations 15 include requirements for minimum playing areas. sportscotland has published guidance 16 on calculating space requirements for playing fields and on layout, design, specifications and maintenance. New school and campus developments can lead to the provision of improved sports facilities, such as replacement of blaes pitches with natural or synthetic grass surfaces.
52 Open space within school grounds can fulfill a variety of roles including for physical activity, play, biodiversity and providing a green setting for environmental education. Wherever possible, the sports facilities and grounds within new schools should be designed to allow flexible access so that, subject to management arrangements, facilities can be used by the wider community. Planning briefs for new schools developments should highlight the open space and playing field strategies and development plan policy on open space and playing fields provision.
53 School playing fields should be designated as open space in the local development plan and this should be reflected in planning decisions. Paragraph 46 indicates how any development proposal affecting current or former school playing fields should be assessed.
Consultation with sportscotland
54 sportscotland should be consulted at the main issues report and finalised
plan stages of both strategic and local development plans, and on planning applications for developments which are likely to affect existing outdoor sports facilities, as set out in the following paragraphs.
55 In relation to playing fields, defined as land of 0.4 hectares or more for any pitch sport, sportscotland must be consulted on any planning application for development which is likely to prejudice or lead to the loss of land used or last used as a playing field, and applications notified to Scottish Ministers as necessary.
56 sportscotland must also now be consulted on any development likely to prejudice or lead to loss of land either currently or last used as:
- tennis courts (other than those in private dwellings and hotels);
- bowling greens;
- golf courses;
- athletics tracks; and
- sports pitches of 0.2 hectares or more, including those used for small-sided games (e.g. soccer sevens).
Where there is an objection from sportscotland, this will lead to a requirement to notify Scottish Ministers. These arrangements are set out in Circular 7/2007 and its accompanying Directions.
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