Content

Salford City Council - Record of Decision (Cabinet)
 
I
Paul Dennett, City Mayor, in exercise of the powers contained
within the City Council Constitution do hereby approve the recommendations within the
“PUBLIC OPEN SPACES – Booking and charging policy for
use of managed sporting facilities within the City’s open
spaces and parks” report (27/2/24), namely:
 
1.   
Where a booking system can be
successfully managed, this is be introduced.
 
2.   
No charges will apply to outdoor gyms and
no charges will apply to MUGAs, which are currently in
operation.
 
3.   
For upgraded and new tennis courts,
charging will be introduced with opportunities for free coaching
and also elements of free court time throughout the
year.
 
4.   
For new site PlayZones and where
MUGA’s are not currently in use, charging will be introduced
for peak evening use & for exclusive booked daytime slots. Free
day time use will be available, with evening use not charged except
where inclusive use.
 
The
Reasons are:
to set out the rationale for booking and charging for
managed sporting infrastructure within the City’s public open
spaces and parks.
 
Options considered and rejected were:
A
range of charging options had been considered from zero to full
charging.
 
Assessment of Risk:
High
risk if free usage
 
The
source of funding is:
/
 
Legal Advice obtained:
Supplied by Tony Hatton -
Principal Solicitor  Tel 0161 219
6323 
Email t.hatton@manchester.gov.uk
Date : 20/9/23
 
Section 10 of the Open Spaces Act 1906 provides “A local
authority who have acquired any estate or interest in or control
over any open space or burial ground under this Act shall, subject
to any conditions under which the estate, interest, or control was
so acquired—
(a)
hold and administer the open space or burial ground in trust to
allow, and with a view to, the enjoyment thereof by the public as
an open space within the meaning of this Act and under proper
control and regulation and for no other purpose”
 
In
times of increasing cuts to public funding, alternative methods of
raising funds to provide services to local residents need to be
considered, particularly when external sources of funding such as
the football and tennis examples provided in the report may require
certain conditions are met such as raising income for maintenance,
repairs and contributing towards free coaching
provision.
 
Adopting or enhancing a charging and booking policy for
activities taking place in parks and open spaces is an option that
could provide an extra revenue stream for the Council. Section 1 of
the Localism Act 2011 introduced a “general power of
competence” for local authorities, defined as “the
power to do anything that individual generally may do” and
which expressly includes the power to do something for the benefit
of the authority, its area or persons resident or present in its
area. This confers a power to do something for a commercial purpose
or for the benefit of the authority or its area or persons resident
in its area.
 
Where charging is proposed to be introduced to facilities where
it has not been previously, or for new facilities, the legal title
should be checked to ensure there are no covenants preventing
charges to be made.
 
Also, if s106 monies are to be used for a specific purpose
linked to the facilities (such as additional maintenance etc), the
expenditure must be in accordance with the terms of the relevant
planning obligations. Should the Council allocate S106 funding
outside of the conditions within the agreements, or outside the
timescales, or in breach of applicable Regulations, a developer may
challenge that decision and claim back contributions.

 
Financial Advice
obtained:
Supplied by: Paul Guest – Senior
Accountant  Tel 0161 925 1136
Email : paul.guest@salford.gov.uk
Date: 30/06/2023 & reviewed
4/10/23
 
The
previous model for PlayZones has been the MUGA’s across
several areas of the city, these were unmanaged and free to use,
with antisocial behaviour and vandalism becoming prevalent. The
Football Foundations preferred model is that charges for use would
be implemented. Experience from The Lawn Tennis Association has
been that charging forthe use of park courts
is not a barrier to participation and once facilities are improved
to a good standard and booking system is in place overall
participation and use of the facilities increases significantly.
The revenue generated then allows for a sustainable model to be
established which will fund future replacement and upgrade of
facilities.
 
The
City Council currently charges for the use of all grass pitches for
officially organised games, with bookings managed by SCL. SCL also
generate income for the use of all artificial pitches owned/managed
by themselves.
 
If
charging for the use of PlayZones, or any facility, was not
implemented, then the Council would have to underwrite the future
replacement and upgrade of these facilities, estimated at around
£61K per annum.
 
Consultation would be needed with SCL to develop the policy
around charging and the management of the free programme of
engagement, together with community marketing to engage
underrepresented groups to encourage their
participation.

 
Procurement Advice obtained: N/A
 
HR
Advice obtained: N/A
 
Climate Change Advice obtained: N/A
 
The
following documents have been used to assist the decision
process:
Nil
 
Contact Officer:        J Ashley & J
Regan                        
Telephone number:  07515 188242 /
07977 248959
 
The appropriate scrutiny to call-in
the decision is the:
Community and Neighbourhoods Scrutiny
Panel
           

 

 

Signed:
      Paul
Dennett                            
       Dated:
   05.03.24                                                  
          
City Mayor
 

For Democratic
Services use only

 

This decision was
published on  05.03.24                                           

This decision will
come in force at 4.00 p.m. on 12.03.24                   
                              
unless it is called-in in
accordance with the Decision Making Process Rules.