Date : 19 NOVEMBER 2002

Title : CHURCH LITTEN PLAYGROUND PROPOSAL

REPORT OF THE PORTFOLIO HOLDER FOR TOURISM AND LEISURE

IMPLEMENTATION DATE : 29 NOVEMBER 2002

SUMMARY/PURPOSE

1. Members are asked to consider a further proposal from NIPA for the Council to be responsible for the ownership, maintenance and insurance of the suggested play area at Church Litten, Newport.

BACKGROUND

2. Members considered proposals made by the Newport Inner Play Area Committee (NIPA) to develop a playground at Church Litten, Newport, at the Executive meeting of 21^st May 2002.

3. At that meeting it was resolved to allocate an area of land for such a development subject to its size and position being agreed in advance and relevant planning permissions being obtained. Furthermore, Members felt that no responsibility should fall to the Council for maintenance, insurance or public liability in the future.

4. NIPA have been considering how best to work within these parameters and have found the issue of future responsibility the most difficult to come to terms with. The organisation was formed with the sole intention of developing a playground at Church Litten and does not have the capacity to manage or maintain it.

5. In discussions with officers it has been suggested that NIPA could attempt to raise sufficient capital which could be gifted to the Council to use to maintain and insure the playground for a 10 year period. This is a similar mechanism used by Councils to achieve public benefit from local developments in the planning process. In order for the Council to be able to insure the playground under existing policies it would be necessary for it to be transferred into the Council’s ownership.

6. In this proposal the sum offered would be dependant on the equipment chosen for the playground and would be sufficient only for routine maintenance of it. Therefore, any items of equipment that were to be damaged beyond economic repair would not be replaced.

STRATEGIC CONTEXT

7. Action 1.71 of the Community Strategy relates to the development of a play strategy for the Island and this links to action 2.23 relating to the development of a programme of outreach activities to overcome transport barriers to leisure participation.

8. The development of the playground would contribute in a small way to the Corporate Plan objectives of: -

· Improving health, housing and the quality of life for all

· Raising educational standards and promoting lifelong learning

· Creating safe and crime free communities

9. Article 31 of the 1989 United Nations Convention on the Rights of the Child recognises the rights of the child to play and recreational activities. This was ratified by the UK Government in 19991.

CONSULTATION

10. The following bodies have previously been consulted over this issue: -

· NIPA

· Newport Area Forum

· IWC Planning Unit

· Economic Development, Planning, Tourism and Leisure Services Select Committee

FINANCIAL/BUDGET IMPLICATIONS

11. The capital costs to fund the supply and installation of the playground will be provided by NIPA through grant applications.

12. NIPA will provide the Council with funds to be held in trust and sufficient to maintain and insure the playground for a period of 10 years following its completion. After that time it would become the financial responsibility of the Council.

13. No funds would be available for the replacement of damaged items.

LEGAL IMPLICATIONS

14. The power to accept gifts of land and property for the purposes of recreational facilities is created by section 139 Local Government Act 1972 and s19 Local Government (Miscellaneous Provisions Act 1976). Subsequent expenditure, if required and approved by normal budgetary processes will be lawful under the latter power.

OPTIONS

i. The Council to accept on terms acceptable to the Strategic Director of Finance and Information, the responsibility for the ownership, maintenance and insurance of the playground, subject to NIPA providing sufficient funds, to be held in trust by the Council, for its maintenance for a period of 10 years.

ii. NIPA (or similar subsequent body other than the Council) to have the responsibility for the ownership, maintenance and insurance of the playground in perpetuity.

EVALUATION/RISK MANAGEMENT

15. There is no risk to the Council in not going ahead with this proposal.

16. Should the scheme progress then there is a risk that the equipment could become vandalised or damaged beyond the level of repairs that could be funded from the trust funds. Were this to be the case then the Council could be viewed in a negative light if it had to take the decision to remove any of the equipment.

RECOMMENDATIONS

That option i. be approved.

BACKGROUND PAPERS

17. None

Contact Point : John Metcalfe, Head of Community Development & Tourism ( 823825

DAVID PETTITT

Strategic Director

Director of Education and Community Development

M A JARMAN

Portfolio Holder

for Tourism and Leisure Services