Policy on Building Uses

The sections below set out guiding principles on different building and structure uses and the necessary considerations for Field Change Requests of this nature. They are not totally prescriptive as each case will be reviewed on its own merits.

The footprint and location of buildings and structures will always be key considerations and there has to be a high regard in all cases for the relationship of the buildings’ use to the protected site.

As a general principle, placement of buildings should not be on green space that is actively used; more specific guidance is given below.

Definitions:  

• Ancillary building or structure – a building or structure that directly supports or facilitates the recreational use of the green space by members of the public or is otherwise consistent with the purpose of protecting the green space.

• Non-ancillary building or structure – a building or structure that is not an ancillary building or structure (as above).

• Community use  -  use of buildings, facilities and structures by the local community that is not connected with outdoor sport and recreation,  including but not limited to community groups, clubs and charities and other organisations with an open membership policy.

• Sport and recreational facilities – facilities for organised sport and informal recreation, such as play equipment, climbing walls, artificial pitches, MUGAs, tennis courts, bowling greens and skate parks.

1. Buildings and structures (non-ancillary) 

1.1 Buildings and structures falling into this category are deemed incompatible with the public recreational use of the protected green space (or its purpose) and, unlike those set out in 2, below, do not have any clear association to that use. Examples include commercial premises, indoor leisure centres, and village and town car parks. Such built developments would therefore need to be considered in accordance with our Disposal Policy which requires suitable replacement land to be provided.

2. Buildings and structures (ancillary) 

2.1 Some buildings and structures directly support or facilitate the public recreational use of a green space, such as:

• sports pavilions

• changing rooms

• public toilets

• storage facilities for sport and play equipment and machinery

• cafes

• temporary compounds relating to improvement works within the protected space

• fencing around sport and recreational facilities, as long as: (i) access to these facilities is unrestricted; or (ii) if the facilities are locked and access depends on making a booking or having club membership and that the fenced facilities take up no more than 50% of the protected space

2.2 Our general position is to be supportive of buildings and structures which directly contribute to the purpose of the space as an outdoor recreational area for the public, as long as the total structural and building footprint (including car parking) does not exceed 20% of the overall protected area. Formal consent must be sought for any new and/or additional building, structure and/or car parking that goes above this 20%.

2.3 For avoidance of doubt, sport and recreational facilities do not require consent and do not count towards the 20% as they are permitted within the user clause, as long as they are open to the public to use. Where they are accessible via booking, hire in accordance with reasonable pitch management practices or a membership (‘controlled access’), they are acceptable and will not count towards the 20% as long as their cumulative footprint does not exceed 50% of the protected green space. Consent is needed for the introduction of controlled access to a larger area (i.e. over 50% of the protected space) and each case will be decided on its own merits.

2.4 As a general principle, keeping the number of buildings to a minimum will maximise recreational space and reduce running costs. Multi-storey buildings for ancillary uses can also be advantageous as they can provide multiple facilities without adversely affecting the footprint and quantity of outdoor recreational area. 
 

3. Community Use Buildings and Facilities that do not support the recreational use of the space (non-ancillary) 

3.1 Buildings and facilities for ‘community use’ are not considered to be ancillary. Our general position in relation to the use of such buildings and facilities is set out below:

3.2 Erection of a new building or structure for community use which does not support outdoor recreation (non-ancillary):

3.2.1 We have a presumption against any non-ancillary buildings but it is acknowledged that this can potentially be rebutted by satisfactory mitigation measures. Formal consent must be sought in all cases, and whilst the proposed user of the building could be an (indoor) sports club, company, charity or community group, it would be important to demonstrate a benefit for the protected green space and its use for recreation, e.g. sports games, physical activity and nature activities. Each case will be considered on its own merits.

3.2.2 In any event, the total amount of these buildings for community use should not take up more than 1% of the protected space and nor should it cause loss of green space that would materially affect its use for formal or informal recreation.

3.2.3 It is also important to note that the cumulative size of the ancillary and non-ancillary community use structural and building footprint (excluding fenced recreational facilities with free or controlled public access) must not exceed 20% of the overall protected area.

3.2.3 We would also expect to see evidence of proposed investment in the ongoing maintenance, security or improvement of the protected green space. This could comprise the addition of recreation supporting facilities that could form part of the proposal itself.

If not all these points can be fully demonstrated, then the matter would be considered in accordance with our Disposal Policy and replacement land would be required.

3.3 Erection of a new building with mixed use or extension of an existing ancillary building to accommodate non-ancillary use

3.3.1 Sometimes a building can have a mixed use: part might be ancillary (as defined above) and another part might be non-ancillary and therefore not immediately compatible with our objectives, but when viewed holistically could be directly     beneficial to the overall recreational use.

3.3.2 The total footprint of non-ancillary use (and buildings, including any associated car parking must not take up more than 1% of the protected space nor should it cause a loss of green space that would materially affect the active use for formal or informal recreation. However, if the building is two-storey, with the ground floor use being ancillary and the second-floor use being non-ancillary, this might be acceptable, as it would not negatively impact on the footprint of the protected green space.

In summary, if the proposal means that the total amount of building footprint and use not supporting recreational use exceeds 1% of the overall protected area, the matter would be considered in accordance with our Disposal Policy and replacement land would be required.  

4. Standard Conditions of consent for Community Building Uses:  

4.1 Where required, Planning Permission must be obtained for the building and a copy of it must be provided to Fields in Trust for review.

4.2 Buildings must be constructed in accordance with the Planning Permission.

4.3 If the building is part of a disposal proposal, there will be a condition for a Fields in Trust Third-Party Clause to be included in the lease or Deed of Dedication being entered into by the proposed lessee or transferee.

NOTE: In some governing documents the above principles may be over-written by specific covenants contained in conveyances which might expressly prohibit specific recreational facilities or require consent of the vendor.

Revised October 2023