BRIDGEND COUNTY BOROUGH COUNCIL
REPORT TO CABINET
5 APRIL 2011
REPORT OF THE HEAD OF ICT & PROPERTY
LAND AT HEOL Y GOEDWIG, PORTHCAWL - DISPOSAL OF “OPEN SPACE”
1. Purpose of Report.
To consider whether land at Heol-y-Goedwig, Porthcawl (shown edged red on attached plan, appendix 1) and which comprises ‘open space’ may be disposed by the Council.
2. Connection to Corporate Improvement Objectives/Other Corporate Priorities
2.1 This proposal directly meets a number of the Council’s Corporate Plan objectives including
Ø Improving physical and emotional wellbeing by promoting active lifestyles, participation and learning
2.2 The proposal links to a number of corporate programmes, directorate service plans and projects including
Ø Community Strategy
Ø Asset Management Plan
Ø Health, Social Care and Wellbeing Strategy
Ø Sports and Physical Activity Strategy
3. Background.
3.1 The Council owns approximately 0.4 acres of land at the above mentioned location that forms part of a larger open space area and has provisionally agreed terms to dispose, by way of the grant of a lease not exceeding 25 years, to Porthcawl Town Council, who wish to develop a skate park on the land and who will retain the land as open space. The Council has a statutory duty under Section 123 of the Local Government Act 1972 to give public notice of the disposal by way of advertisement for two consecutive weeks in a newspaper that is circulated in the area in which the land is situated and to consider any objections to the proposed disposal that may be made by the Council.
3.2 The Town and Country Planning Act 1990 provides a definition of open space as
any land laid out as a public garden or used for the purposes of public recreation.
3.3 The site is located outside of the settlement boundary of Porthcawl and forms part of the Wilderness Lakes, Porthcawl. The proposed skate park is intended to be constructed on land north of the playground.
3.4 The proposal to construct a skate park at Heol Y Goedwig has been subject to local opposition. Objections raised have been fully considered by the local planning authority prior to granting planning consent for change of use on 26 August 2010 (reference P/09/940/FUL).
4. Objections to public notices
4.1 The proposed disposal has been advertised and in the region of 220 objections (appendix 2) were received and can be summarised as follows:
List of objections1 / The disposal of open space land is in contravention of BCBC Unitary Development Plan (UDP) namely
2 / The removal of outdoor playing space Section RC5, 9.4.4 notes that 'the Council has become increasingly aware of the problems associated with the lack of open space in residential areas'.
3 / The UDP RC5 para 9.4.5 states 'The National Playing Fields Ass (NPFA) recommendation for outdoor playing space is 2.4 hectares per 1000 of the population'. Porthcawl has an under-provision of play space per capita.
4 / The open space which will site the skateboard park will increase traffic flows and parking along Heol y Goedwig due to it not being on a public transport route and residents will have a perceived fear of anti-social behavoiur and noise problems.
5 / Local residents have not been reasonably consulted by Porthcawl Town Council to establish what the community really wants or needs.
6 / The loss of open space to provide a skateboard park on this open space that can only be used by two people at any one time and removing a multi use amenity open space with a long standing custom and practice use as a kickabout and general games area is not in the best interests of the community.
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12 / Alternative sites exist such as Griffin Park where there is an unused site within a well established, gated and lockable facility which could easily accommodate a more realistic size skateboard facility and which will avoid losing valuable and much needed open space currently available for the general use of the residents.
This is classed as a green area for people to enjoy in peace and tranquility. There will be a loss of scenery and wildlife
Children will be put in danger as they have to cross a busy road to access the skate park.
The proposed development is too close to the existing children’s play area which is very popular with children of a younger age together with their parents…skate boarders will be of a much older age.
There will be a considerable noise nuisance to residents at the end of Heol Y Goedwig.
This is an obscene amount of money to spend on a facility like this.
Petition requesting :
1 / That BCBC do not dispose of the open space land in Heol-y-Goedwig as there is an under provision of play space within Porthcawl.
2 / That BCBC and Porthcawl Town Council fully explore an alternative site for a skateboard park so that a well used open space will not be lost to the community
3 / That arrangements are made for the residents living within the area of Heol y Goedwig to be fully consulted with regards to the community use of the open space.
5. Current situation / proposal.
5.1 Members are required to consider any objections received to the proposal to dispose of open space and decide whether or not it is reasonable to proceed.
5.2 The following points are relevant considerations in relation to the above objections
and whether or not the Council should approve the disposal of open space.
Many of the objections relate to the proposed use of the land as a skate park. However, the key issue for consideration is whether or not the Council should dispose of the open space.
5.3 The proposed use of the land as a skate park means that the land is still available to the public and can be used for the “purposes of public recreation”, albeit that, practically, it will be used by skate boarders. In effect it will continue to be available for use as open space.
5.4 The proposed construction of the skate park is not dissimilar to the construction of the nearby play ground, both are available to be used by the public.
5.5 Whilst the grant of a lease is legally considered to be a disposal, the freehold ownership of the land will remain with Bridgend County Borough Council. From the public point of view this should provide greater security, as the disposal is between two Councils and the leasehold and freehold ownerships will remain within the local government sector. This will ensure greater control over the use of the land than if, for example, it were to be sold to the private sector for development.
5.6 A number of points raised in the objections are planning matters which have already been fully considered during the planning application process and were determined in the report to the Planning Committee on 26 August 2010 as follows:
a. “Traffic Generation and Detrimental to Highways/Pedestrian Survey – The Group Manager for Transportation and Engineering (Highways) has no objections to the proposal subject to conditions and advisory notes.
b. Anti-social behaviour – The Police and Group Manager for Public Protection have been consulted on the proposal and both offer no objections to the proposal. The police made recommendations to reduce any crime and anti-social behaviour that may result from the proposed development.
c. Adverse Noise – The Group Manager for Public Protection has been consulted with regards to the noise survey that has been submitted. It is not considered that the proposal would generate such significant levels of noise to warrant refusal to the scheme.
d. Detrimental to Visual Amenities – The Principle Conservation & Design Officer has been consulted and offers no objections to the proposal.”
5.7 Also it may assist Cabinet in considering the objections that they refer to the UDP RC5 and paragraph 9. The UDP contains policies and proposals for the development and use of land in the County Borough. Section 9 relates to sport and recreation matters that should be considered by the planning authority in deciding on applications for development. RC5 states “provision of a satisfactory level and standard of outdoor sport and children’s playing space and public open space will be required for all new housing developments”.
5.8 In light of the above, it is considered reasonable to proceed with the proposal to dispose of this open space.
6. Effect upon Policy Framework& Procedure Rules.
None.
7. Equality Impact Assessment
An Equality Impact Assessment has been completed and it is not deemed the disposal of land at Heol y Goedwig, Porthcawl to Porthcawl Town Council will have any impact.
8. Financial Implications.
None.
9. Recommendation.
That Cabinet authorise the disposal by way of lease to Porthcawl Town Council of the land at Heol Y Goedwig, Porthcawl which is considered to be open space, in accordance with the requirements of Section 123 of the Local Government Act 1972.
David Sutherland
Head of ICT & Property
March 2011
Contact Officer: Fiona Blick
Group Manager – Property Services
Telephone: (01656) 642702
E-mail:
Postal Address Ravens Court
Brewery Lane
Bridgend
CF31 4AP
Background documents
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