Local Area Referendum (Disposal of School Playing Fields) Bill

Peter Bone Excerpts

2nd reading: House of Commons
Friday 22nd January 2016 Commons Chamber

[Tom Pursglove]

My hon. Friend and I agree on many things but not on that point. The facts speak for themselves. Between 2001 and 2010, there were 242 disposals of school playing field land, and there have been 103 since 2010. I have great confidence in communities making decisions that are right for their area. For example, neighbourhood planning has been a positive step forward because it has allowed local people to determine the vision for their area. There is a lack of confidence in the way that the system currently works, and particularly in the mechanisms that work through the Department for Education, and as I said, a number of playing fields have been disposed of. Ultimately, once those spaces are gone they are gone for good, and I will return to that point later in my remarks.

[Mr Peter Bone (Wellingborough) (Con)]

I am grateful to my hon. Friend for giving way, and he and I share the same county council. I am rather surprised by the attitude of my hon. Friend the Member for Calder Valley (Craig Whittaker), because he is speaking against Government policy. The Government are absolutely in favour of localism and in letting local people decide. I am not sure his remarks were very career-enhancing, and I want to support the Government and get this Bill on the statute book.

[Tom Pursglove]

I always appreciate the support of my hon. Friend and neighbour on these matters.

In late November 2013, Public Health England launched the “Healthy People Healthy Places” programme, which aims to help improve health and wellbeing through better planning and design, and to reduce the impact of poor physical and natural environments. The priorities include incorporating physical activity, such as brisk walking and cycling, into everyday life and creating an environment where people actively choose to be mobile as part of their routine. That can have a significant effect on public health, by reducing inequalities in personal health.

The National Institute for Health and Care Excellence—it is shame that the Health Minister is no longer in her place—estimates that physical inactivity costs the national economy £8.2 billion a year, which is a significant sum. It is therefore ironic that although successive Governments have promoted the importance of healthy living and the role that sport and walking play in that, there has been a dwindling amount of open space in which to get out and get active, and an increasing number of playing fields have been sold.

Clearly, open spaces such as school playing fields are key to getting people active, and as many people as possible should have access to this land. Indeed, there are many excellent examples all over the country where schools open their doors and their grounds for use by the community, both out of term-time and out of school hours. In too many cases, however, the land is being sold off by public bodies for development purposes.

--- Later in debate ---

[Tom Pursglove]

I thank my hon. Friend, who always asks very difficult questions. A number of particular regulations are specified in the Bill that would require the Department for Communities and Local Government to do some consultation work. We could get to the crux of that sort of issue in a Bill Committee. Ministers would need to look at the provisions in some detail to get the Bill right. I am not saying that I have all the answers already. I view the Bill as offering a broad outline of something that could be done to provide greater protection for school playing field land. As for the finer regulatory details that would need to play a part in this, it is important to take account of the various case studies up and down the country and ensure that the arrangements are right.

Let me return to the issue of provision elsewhere. The Bill does not seek to stop the selling of playing fields per se. It merely allows those who use these important green spaces to make the case for them to be kept, and to have a real say over the decision. If, of course, it can be demonstrated that the benefits from selling any such land, such as a new school being built with equal or upgraded facilities or alternative provision being provided elsewhere as a direct swap, there is nothing to fear.

I am aware of a local case where this happened. In Kibworth in Leicestershire, David Wilson Homes was very keen to build a new development on a piece of land that included the site of the cricket club. An agreement was reached between the local community, the cricket club and the builders, which meant that the existing cricket club land was built on, but it was replaced elsewhere, delivering not only a better pavilion facility but an extra cricket square. There was a demonstrable benefit to the local community from that taking place, and local people came in behind that and supported it. I would not view that differently for anywhere else in the country where better facilities or direct swaps are being proposed. What we are seeing in Oundle, however, is the taking away of land in an area where there is limited open space for people to get out and get active.

[Mr Bone]

My hon. Friend is generous in giving way, and he is making a powerful and persuasive case. I would like to suggest that my hon. Friend the Member for Torbay (Kevin Foster), who made such a good intervention, should be a member of the Bill Committee after Second Reading. My hon. Friend the Member for Corby (Tom Pursglove) will know from his own experience of the lack of cricket pitches and playing fields in Northamptonshire. In fact, I have to travel to the next county to play home games for Wellingborough Old Grammarians. We really must stop unnecessary sales of playing fields. Has my hon. Friend had the same experience?

[Tom Pursglove]

My hon. Friend knows that I have had exactly that experience. I would be delighted to have my hon. Friend the Member for Torbay (Kevin Foster) on the Bill Committee. He would bring a great deal of expertise, knowledge and interest to proceedings.

I think I have now dealt with the particular point about making alternative provision elsewhere. The balance is about right when it comes to protecting existing playing fields, but if enhancements and improvements can be delivered elsewhere, this Bill does not, of course, stand in the way of that happening.

Let me draw my remarks to a conclusion. The Bill is about ensuring that local communities have a genuine say and a real opportunity to influence the future shaping of their areas. It builds on many actions taken by the Government of which I am very proud, such as neighbourhood planning and community rights to bid and buy. Those initiatives have proved successful throughout the country, but I think the Bill would take that success a step further, and would be greatly welcomed everywhere.

Today I have stressed the health benefits and the community value that are associated with accessible school playing field land, but I hope that the Bill will also bring an end to the ignoring by public bodies and local authorities of local grassroots campaigns in which residents fight hard to protect their local playing fields. The Minister may claim that that the planning system and the Department for Education procedures provide specific protection for school playing fields, but I am afraid that, as I have said before, people out there in the country simply do not share that confidence, owing to both past and present experience.

The outcome of the Oundle case remains to be seen, but I shall be submitting the strongest possible objection. People will be very disappointed if the sale is allowed. As I have said, there is already a lack of space, and members of the community are keen to become involved in trying to protect that piece of land. I have no fond memories of playing cricket on the site of Oundle Primary School, but I still think that the site has an important role in our community, and I want the land to be protected for cricketers—and, indeed, sportsmen of all kind—in the years to come.

I also think that the Bill is consistent with the Prime Minister’s localism agenda. It would provide a localist lock, and would put local people truly in the driving seat for perhaps the first time. We really do have a duty to protect school playing fields for future generations, and I commend the Bill to the House.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Communities and Local Government (Mr Marcus Jones)]

I congratulate my hon. Friend the Member for Corby (Tom Pursglove) on securing this private Member’s Bill. I am afraid that while his aims at first glance seem laudable, for the reasons I am going to explain, the Government are not able to support this Bill.

School playing fields are important both as spaces for healthy exercise and as valuable community assets. That is why under existing legislation any local authority or school seeking to dispose of publicly funded school land must seek the Secretary of State for Education’s consent before doing so. The Government maintain particularly strict controls around the disposal of school playing field land. In addition, where a local authority is considering disposal of such an asset, the decision should be taken in an accountable and transparent manner.

[Mr Bone]

The Minister says that the Secretary of State will make a decision. Is he honestly saying that Secretaries of State will look at all these planning applications and make a decision—or is it bumped off to an official?

[Mr Jones]

I can reassure my hon. Friend that the decision is made by the Secretary of State, and the Secretary of State has to sign off any such disposal of playing field land. To reassure him further, I had a derelict site in my constituency. It had been a school a considerable number of years before and encompassed not a playing field but a playground. My local authority wanted to sell that land to fund new classrooms in a school with a playing field which was opposite that site. It took an inordinate amount of time for that process to take place, such is the high bar a local authority has to meet to dispose of a school playing field.

The planning system is concerned with the use and development of land. It has an important role to play in helping to achieve sustainable development through guiding land use change. Our national planning policy framework recognises that access to high-quality open spaces and opportunities for sport and recreation make an important contribution to the health and wellbeing of communities. The framework provides guidance for planning authorities in preparation of their local plans. It is also a material consideration in the determination of planning applications for individual development proposals. It states that planning policy should be based on robust and up-to-date assessments of needs for open space, sports and recreation facilities, and opportunities for new provision:

“Existing open space, sports and recreational buildings and land, including playing fields, should not be built on unless: an assessment has been undertaken which has clearly shown the open space, buildings or land to be surplus to requirements; or the loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality in a suitable location; or the development is for alternative sports and recreational provision, the needs for which clearly outweigh the loss.”

Existing open space sports and recreational buildings and land, including playing fields, should not be built on unless an assessment has been undertaken which has clearly shown that the open space, building and land is surplus to requirements; unless the loss resulting from the proposed development would be replaced by equivalent, or better, provision, in terms of quality or quantity, in a suitable location; or unless the development is for alternative sports and recreational provision, the needs for which clearly outweigh the loss. The importance of a robust evidence base is crucial to good planning and the achievement of sustainable development. We recognise the importance of open spaces, including playing fields, to communities—