Decision details

To consider the report of the Cabinet Member for Children’s Services and Learning in relation to the Playbuilder programme which was approved by the Council in 2006. This involves the development of 23 play areas within the city over three years. The Playbuilder funding is matched where applicable with Section 106 funds.

The third year of the Playbuilder programme involves the development of nine play areas including Freemantle Common. Peartree Green is being developed using Section 106 funding.

In order to place play equipment on Freemantle Common and Peartree Green permission has to be obtained from the Secretary of State to carry out restrictive works on registered common land under section 38 of the Commons Act 2006.

This report seeks agreement from Cabinet to go ahead with the application to the Secretary of State.  A full application will be submitted including details of the consultations undertaken with local residents in August 2009.

If the Secretary of State approves the proposal, work will progress on developing play opportunities for the community on these sites. This work is funded through the Playbuilder grant funding stream and Section 106 funding. The value of the development work for Freemantle Common is £40,000 and for Peartree Green £20,000.

The work is planned for completion before March 2011.

(i)  To delegate authority to the Executive Director of Children’s Services and Learning following consultation with the Solicitor to the Council, to make an application under section 38 of the Commons Act 2006, for the installation of play equipment on Freemantle Common and Peartree Green.

(ii)  Subject to the successful application, to approve the installation of equipment on Freemantle Common and Peartree Green.

(iii)  To delegate authority to the Solicitor to the Council to take any action necessary to give effect to, ancillary to or likely to facilitate the recommendations set out in this report, including participation in any application, appeal or enquiry process required.

1. Approval was given at Cabinet in June 2008 to accept the Department for Children, Schools and Families (DCSF) offer for the Council to be a Play Builder authority and to delegate authority to the Executive Director of Children’s Services and Learning, following consultation with the Cabinet Member for Children’s Services, Play Partnership, local school Councils and the Youth Parliament to make all necessary decisions on / take all necessary action to deliver specific projects within the Play Builder programme.
2. This involves the development of 23 play areas within the city over three years. The Play Builder funding is matched where applicable with Section 106 funds. The third year of the Playbuilder programme involves the development of nine play areas including Freemantle Common. Peartree Green is being developed using Section 106 monies.
3. In order to place new or enhanced play equipment on Freemantle Common and Peartree Green permission has to be obtained from the Secretary of State to carry out restrictive works on registered common land under section 38 of the Commons Act 2006. Application is not required for new equipment provided on a strictly like for like basis and occupying an identical footprint to any existing equipment and which does not require new or additional surfacing of any kind beneath the equipment (including new or increased / enhanced footings).

1. Do not make the application under section 38. The Council would not be complying with the Commons Act 2006 legislation.  This would leave the Council open to challenge from the public and could result in a public hearing/ enquiry and the order of restitution of the land.
2. Do not construct the play facilities on either site depriving local children and young people of the opportunity to participate in play activities.