policy statements

FIT has developed strong positions on policies concerned with playing fields and other related amtters. Through these, we can help implement our own policies for sports and recreation fields. We also interpret Government policies for various audiences and seek to influence changes in the positions taken up by Government and other influential third parties.

These are our existing policy positions:

FIT Policy on Disposals of Recreational Land

General

FIT is the only national organisation which has specific responsibility for acquiring, protecting and improving playing fields as well as other outdoor facilities for sport and play. Fit works to improve the quality of life and health of everyone by working to ensure the availability, protection and development of high quality, well used local facilities for outdoor sport and play for all communities throughout the United Kingdom.

Founded in 1925 and granted a Royal Charter in 1933 as the playing fields organisation for the UK, FIT carries out its work by protecting and improving playing fields for local communities. Wherever FIT has a legal interest in recreational land by way of legal arrangements such as deeds, its prior written consent is required if land is to be disposed of. This consent is necessary irrespective of any other legal requirements such as planning permission for change of use.

Exchange Criteria

FIT is responsive to local change and flexible in its dealings with others provided betterment for local communities in terms of outdoor sport and play can be demonstrated. Where facilities are protected by FIT, land exchanges may be agreed. Normally, FIT requires the following criteria to be met.

The quantity of land to be newly protected must be no less than that to be released. This equivalent size criterion normally applies to the replacement land being land newly brought into recreational use. In certain circumstances, land already in recreational use might be acceptable for exchange but it would need to be substantially greater in size than the land being released. This satisfies two of FIT's objectives:

(a) the protection of the overall recreational land bank and/or
(b) the increase in the amount of recreational land which it protects for community use.
The quality of the land and facilities to be acquired should be better than those being released.
The replacement facilities should serve the same community as those being released. The definition of the catchment area ‘of the same community' may vary with the specific circumstances of each transaction and the type of facilities provided.
FIT will normally require that all proceeds of sale are reinvested in facilities and/or services for outdoor sport, play or recreation. Replacement land, facilities and balancing finance can satisfy this requirement in terms of total financial value.
Where land is owned by a charity, or is itself registered as a charity, the requirements of the Charities Act 1993 must be followed. Disposal must be in the best interests of the charity. An independent valuation by a qualified valuer or surveyor is required and guidance is available in CC28 ‘Disposing of Charity Land' available from the Charity Commission.
A new deed protecting the replacement site must be entered into by both parties. Conditions may be set relating to the onward use of the land to be disposed of.

FIT Telecommunications Policy

The installation of telecommunications apparatus and structures on FIT fields will not normally be permitted because of the considerable potential they have for conflict with the principal purpose of holding the land. However, each application will be considered on its own merits with particular regard being paid to the physical characteristics of the site and its surroundings.
FIT will only give consent to such development on its land where it has been demonstrated that all of the following criteria have been met:

The use of the land for the purposes of the development, and the disposal terms, must be in the best interests of the charity and follow the disposal requirements of the Charities Act 1993. For guidance, refer to the Charity Commission's publication CC28 'Disposing of Charity Land'.

Planning permission has already been obtained from the local authority, where required, thus demonstrating that the proposed development would comply with the ICNIRP guidelines.

  • The proposed development must not compromise the effective use of the field for outdoor sport, recreation or play.
  • The proposed location of the development must not interfere with the optimum layout and orientation of sports pitches for the site.
  • The route of access for service vehicles to the apparatus must not cross the area of any sports pitch.
  • The chosen location should minimise visual intrusion.

The operator must indemnify FIT (legally the National Playing Fields Association) and managing trustees against all claims that may arise from the presence of telecommunications apparatus on the site.

  • The operator must have regard to the Stewart Report findings relating to the impact on schools and other sensitive sites (i.e. proposals must demonstrate that the zone containing the highest concentration of electromagnetic waves will not fall upon the publicly accessible areas of the field).
  • The apparatus and/or structures must be removed, as soon as reasonably practicable, after they are no longer required for telecommunication purposes and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between FIT and the operator. The operator will be required to provide a bond, of not less than £10,000, to ensure that such works can be undertaken in the event of non-compliance or if it ceases to remain in business.
  • The existence of permitted development rights or a planning permission, granted either by a local authority or on appeal to the Secretary of State, must not be construed as automatically leading to FIT's support for a scheme to go ahead on its land.
  • The principles that have been outlined above will form the basis of advice for all proposals to develop telecommunications apparatus or structures on recreational land, irrespective of ownership. Of course, if the land is not charitable, the first criterion will not apply.

FIT's Policy on Protecting Recreational Land and its relationship to Brownfield Sites and the Green Belt

FIT's stance against the unjustified and large scale development of playing fields and other sites for sport and play is well documented. FIT remains particularly concerned with built development on sites at the heart of residential areas in our towns and cities. Local green spaces of all shapes and sizes are invaluable if the people of this country, particularly children, are to be able to enjoy healthy active recreation within walking distance of home.

Sites in residential areas are therefore at the top of the FIT's list for protection, except in circumstances which allow for betterment. This means hard choices have to be made. It is clearly the case that brownfield sites should be first for development, but they are sometimes not available or may be considered to be commercially too costly to develop. FIT's second preference for development in terms of facilities, therefore, has to be sites on the urban fringe or in the green belt.

FIT recognises not everyone will share its position. FIT also acknowledges the importance of consultation and consideration of environmental and amenity issues at the local level. But the pressure on land for sport and play in urban areas is such that they must be protected in the most robust manner.

As Mark Twain is reported as saying "The trouble with land is that they've stopped making it".

FIT Policy on Village Greens

In 2005, the House of Lords decision on village green registration relating to the Trap Grounds in Oxford overturned the decision of the Court of Appeal.

The main points were:

  • Once land has been registered as a Green, it is protected and it is a criminal offence to build on the land.
  • Any land can be registered as a Green provided local inhabitants have used the land for sports and pastimes for over 20 years.
  • The 20 years' use must be continuous up to and including the date of the application for registration of the land as a Green.
  • Land can only become a Green on registration, not by use.

This decision was welcomed by many community campaigners who often regard registration as a town or village green as a powerful tool in protecting local recreational facilities.

FIT's position is to acknowledge the benefits of village green status but only as a matter of last resort. This is because Green registration is inflexible. Once registration has been approved the land can never be developed regardless of any opportunity for improved facilities by way of a beneficial negotiated disposal. This inflexibility disadvantages future generations.

FIT's own protection through deeds and/or charity both safeguards facilities and allows for future betterment. We therefore oppose any application for village green status on sites in which we hold a legal interest. (link - Disposals of Recreational Land)

For more information on village greens go to www.oss.org.uk

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