Moved by
165: After Clause 52, insert the following new Clause—
“Preservation of playing fields and pitches(1) A local planning authority must, when exercising any of its functions, ensure the preservation of playing fields and playing pitches.(2) The duty in subsection (1) may, when granting permission for development, be met through the imposition of conditions or requirements relating to— (a) the protection of playing fields or playing pitches affected by the development, or(b) the provision of alternative, additional or expanded playing fields or playing pitches.(3) For the purposes of this section, “playing fields” and “playing pitches” have the same meanings as in the Town and Country Planning (Development Management Procedure) (England) Order 2010.”
Lord Addington Portrait Lord Addington (LD)
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My Lords, we now come to one of those wonderful issues where we have something in place that works, which this Bill will remove, and that is the protection provided by Sport England for playing fields and recreational facilities. I am in danger of making a very short speech or a very long one and am trying to draw a line down the middle.

Baroness Thornhill Portrait Baroness Thornhill (LD)
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The former, please.

Lord Addington Portrait Lord Addington (LD)
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Clearly, my noble friend has heard me often enough.

The best playing fields are in nice, urban environments where people can get to them. Effectively, you have a greenfield site, often owned by a cash-strapped local authority or an independent school that has been increasingly under pressure to improve exam results rather than develop the whole picture. The playing field owners say, “Wouldn’t it be better if we had a slightly better new gym court and got rid of the field?” or “Nobody else is playing on the playing field because we haven’t maintained it”; they sell it off and get rid of it. Who cares? The people who play the sport do and the people you want to play the sport should.

What is sport? It is the ultimate community activity with health benefits, and public playing fields are essential for those in grass-roots sport to be able to address this. Go to any successful sports club, especially for sports such as football, rugby, and cricket, and it will have started on a public playing field. That is where you start. Even with these property-owning sports—rugby and cricket are the classic examples—where you are encouraged to take over, manage and own your own ground, you start somewhere else and develop on from it. You can expand your playing numbers by taking on smaller pitches for your junior teams by using them. It is an integrated part of it. If you do not have that capacity, the nature of the club will be threatened. So we have something which adds to it, but it is potentially a cash cow for some other groups and is sitting there in the right place, very tempting for any housing plan.

The body that has been protecting such places, Sport England, is no longer a consultee. That is what it is thinking and feeling. If we are wrong about that, I would be very grateful to hear it when whichever Minister replies, and your Lordships will not be hearing from me again. If that is not the case, there is something to be answered here.

My amendment would put in another duty; of course, it is Committee and this is just the first go, but I hope that the Government will tell me here if there is another solution to this—if they cannot tell me exactly at this stage, I will make myself available for any meetings to make sure that I know and can tell the rest of the House. If something positive is going to happen there, I will be more than grateful to go away and spread the word. If the Government are not going to do something like this and will just leave it to a general duty, they are basically guaranteeing losses, and possibly catastrophic losses. Unless you understand this and your current drive is for something else, you will ignore it, because we all do. What is your primary objective? We go there. I hope that the Government will tell me something positive and supportive with regard to this group.

We should also remember that you are supporting voluntary groups which do this at very little cost to the state at the moment. That culture of gathering together, paying for the use of the pitch and running up has to have a little space to grow. If we remove that, we will stifle the whole thing.

The noble Baroness, Lady Bennett, has another amendment down here; I think we all know enough not to say exactly what her amendments mean, but the idea of play also comes in and tags on there. Such play is not as formalised or structured, but it is also important.

I hope that whichever Minister replies will be able to tell us that something solid will address this, not a general air or duty of “Oh yes, of course they will deal with it”, because we all know that things like that get ignored. We need something solid that will make sure there is a protection at least compatible with what is going on now. If we do not, we will have to go back to this, at least once, and possibly it will have to be decided by a decision of the whole House. I hope we do not need to do that, but I am quite prepared to do it. I beg to move.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, it is a pleasure to follow the noble Lord, Lord Addington. Just to reassure him, I did not dream up Amendment 179; it was originally presented in the other place, and I am taking it forward with the support of Play England. I hope that what it means will be very clear.

I was happy to attach my name to Amendment 165, which the noble Lord, Lord Addington, just presented. In a sense, the first amendment we have had here is a subset of the broader amendment. Amendment 165 is about formal play, if you like, such as organised games and structured activities; my amendment covers those but also looks more broadly at unstructured play and interaction where young people in particular have the chance to mix.

The proposed new clause introduces a play-sufficiency duty to ensure that every local planning authority

“must, so far as reasonably practicable, assess, secure, enhance, and protect”—

“protect” is particularly important—

“sufficient opportunities for children’s play when exercising any of its planning functions”.

Far too often, play is seen as something frivolous and childish, to be fitted around the edges of cramming for exams; rigid, structured arrangements. Yet we know that play is essential for physical and mental health. It is vital for the development of minds and bodies. It offers a space for the flowering of social skills and the development, crucially, of independence: the ability to assess risks, to take risks and to deal with the consequences, particularly in an unstructured environment. Yet this is being squeezed out of children’s lives in urban and other environments. The noble Lord, Lord Addington, talked about playing fields being sold off. We have also seen a huge number of closures of swimming pools, which has real public safety implications.

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Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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The Government have committed to consult on the impact of removing Sport England as a statutory consultee. We will do that shortly and see what the result is, and I suggest that the noble Lord takes part in that consultation as well.

As I have set out, we have robust processes in place to support and protect spaces for play and recreation, and we will consider this issue further as we update our planning policies. These matters are best addressed through our policy and funding. I therefore hope that noble Lords will not press these amendments.

Lord Addington Portrait Lord Addington (LD)
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My Lords, it is the answer that I expected: “There’s a process in place that’s going to take care of this and look at it, because we’re basically nice people, we’re going to do the right thing”. The problem with that is that you may be basically nice people trying to do the right thing, but you have a thousand different pressures pulling at you.

Preserving these spaces is going to annoy planners and people doing other things, so it is a trade-off. At the moment, there is public consultation and public pressure to make sure they are kept going. If the Minister could expand on his answer and tell us whether this will be made public so we knew what is going on, I would have a bit more faith. How do the general public or the national governing bodies know what is going through? How can they put pressure on from the outside? You would have a little bit more faith then.

Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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The noble Lord mentions this or that consultation. We have put in £1.5 billion of funding for neighbourhoods, part of which can be used for enabling the provision of public areas for play. The noble Lord cannot say that it is just about consultation and warm words; it is real money put to real effect.

Lord Addington Portrait Lord Addington (LD)
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My Lords, real money has been put to real effect in planning disasters throughout my adult life. It is a case of making sure that you get someone who understands what this means and is publicly able to answer. Would the Minister be able to facilitate me being able to see what this means? That is something I would like to see, and I am sure there are a couple of people here with experience in this area who might want to come in on this.

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Lord Wilson of Sedgefield Portrait Lord Wilson of Sedgefield (Lab)
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I am sure we can sort something out.

Lord Addington Portrait Lord Addington (LD)
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I thank the Minister for that undertaking; I will take him up on it. I have to say I also support the amendment from the noble Baroness, Lady Bennett. We have to get this right because the potential for cock-up is massive. It is damaging to the communities around them. There is no point in having a lovely home in a dreadful environment. I thank the Minister, and I am quite happy to withdraw this amendment. What I do with it in future will depend on the outcomes of those meetings. Under those circumstances, I withdraw my amendment.

Lord Fuller Portrait Lord Fuller (Con)
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Before the noble Lord sits down—