Policy on Building Uses

The sections below set out guiding principles on different building uses and the necessary considerations for Field Change Requests of this nature. They are not intended to be prescriptive as each case will be reviewed on its own merits. Footprint and location of buildings will always be key considerations and there has to be a high regard in all cases for the relationship of the building’s 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.

1. Built development that is not ancillary to the public recreational use of the site
   1.  Buildings and facilities falling in this category are deemed incompatible with the public recreational use of the protected green space and, save as set out below, do not have any clear association to that use. Any request for consent for commercial premises, indoor leisure centre and other built developments would therefore need be considered in accordance with our Disposal Policy which requires suitable replacement land to be provided.
2. Buildings with a clear ancillary use to the public recreational use of the site
   1. Some buildings, structures and facilities are directly associated with and support the recreational use of a green space, for example sports pavilions, changing rooms, toilets, storage facilities, car parks for the field users and associated cafes, and although formal consent may be required in some instances, our general position is to be supportive of buildings and facilities which have a clear ancillary purpose to the outdoor recreational area. The total amount of structural and building footprint (including related facilities, such as car parking) should not exceed 20% of the overall protected site area - otherwise formal consent should be sought.
   2. As a general principle, keeping the number of buildings to a minimum will maximise recreational space and reduce running costs. Multi-storey buildings can also be advantageous in providing ancillary facilities without adversely affecting the quantity of outdoor recreational area.
   3. Structures such as play equipment, climbing walls and skate parks are deemed recreational and generally do not require consent as they are usually permitted within the user clause, and do not count towards the 20%.
3. Community Use Buildings and Facilities that are non-ancillary to the recreational use
   1. General positions applicable to the uses of buildings as set out in paragraphs 3.2, 3.3, 3.4 below
      1. The definition of ‘Community use’ in this context is the use of buildings, facilities and structures by the local community including but not limited to community groups, clubs and charities and other organizations with an open membership policy.
      2. We have a presumption against any building where the use is not ancillary to the recreational use of the site but there are measures that could mitigate that. Formal consent must be sought and in all cases it is important to demonstrate any direct association with the protected green space.
      3. It is also important to note that the cumulative amount of structural and building footprint (ancillary use and non-ancillary community use) must not exceed 20% of the overall protected site area.
   2. Erection of a new building or structure for community use which is non-ancillary to outdoor recreation
      1. In the first instance the total amount of non-ancillary buildings for community use should not take up more than 1% of the protected site and nor should it cause loss of green space that would materially affect the active use for formal or informal recreation.
      2. Whilst the proposed user of the building could be a sports club, company, charity or community group there would also need to be a clear relationship with using the green space for recreation (examples such as sports, games, physical activity and nature activities).
      3. There also needs to be investment in the ongoing maintenance, security or improvement of the protected green space. This could comprise the addition of ancillary facilities that could form part of the proposal itself.
      4. If all these points cannot be fully demonstrated then the matter would be considered in accordance with our Disposal Policy and replacement land would be required.
   3. Erection of a new building with mixed use
      1. Sometimes a building can have a mixed use: part might be ancillary to the recreational use and another element might be community use that is non-ancillary and therefore not immediately compatible with our objectives, but when viewed holistically could be beneficial to the recreational use.
      2. Multi-storey buildings can be advantageous, for example, if the use of one level of a building is ancillary to the recreational use of the site but the use of a second level of floorspace is not compatible. This might still be acceptable as it would not necessarily negatively impact on the footprint of the protected green space.
      3. The total amount of non-ancillary buildings should not take up more than 1% of the protected site nor should it cause a loss of green space that would materially affect the active use for formal or informal recreation. If the proposal means that the total amount of non-ancillary buildings exceeds 1% of the overall protected site area then the matter would be considered in accordance with our Disposal Policy and replacement land would be required.
   4. Extension of an existing ancillary building to accommodate non-ancillary use
      1. If a second floor is to be constructed on an existing ancillary building and there is no negative impact on the amount of outdoor green space then refer to the principles outlined in paragraph 3.2. For other building extensions, the cumulative amount of nonancillary buildings should not take up more than 1% of the protected site nor should it materially affect the use of the green space for recreation so please refer to the principles outlined in paragraph 3.1.
      2. If the proposal means that the total amount of non-ancillary buildings exceeds 1% of the overall protected site area then 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
   1. Planning Permission must be obtained for the building and a copy of it must be provided to Fields in Trust for review.
      1. Buildings must be constructed in accordance with the Planning Permission.
      2. If the building is part of a disposal proposal, there will be a condition for a Fields in Trust Third-Party Clause being included in the lease or a 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.

This policy was last updated in June 2021.