Parliament Workbench
Data: Official Report to 12 Nov 2026

Official Report · Committee

Current Petitions

Planning System (Recreational Spaces) (PE821)

Wednesday 7 December 2005 Public Petitions Committee Petitions 11 contributions · 5 speakers

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The record

11 contributions
Michael McMahon Lab The Convener · Hamilton North and Bellshill
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Petition PE813 is by Ronnie McNicol, on behalf of Laighdykes residents group. I hope that I said that properly.

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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The petition calls on the Scottish Parliament to urge the Scottish Executive to review existing planning procedures and guidance to ensure that they are sufficient to prevent local authorities from using playing fields for development purposes.Petition PE771, by Olena Stewart, calls on the Scottish Parliament to urge the Scottish Executive to consider whether there is sufficient guidance for local authorities to safeguard playing fields and recreational open space, and to establish whether additional legislation is required to cover conflicts of interest within local authorities on planning matters in relation to the loss of playing fields.Petition PE821, by Sheena Stark, calls on the Scottish Parliament to urge the Scottish Executive to ensure that all planning applications for planning consent for change of use of recreational spaces be routinely sent to the appropriate minister for consideration.At its meeting on 6 June 2005, the committee agreed to write to sportscotland and to the petitioners. Members will have seen the responses that have been received. What do members think? I invite Campbell Martin to say something first, as he has a particular interest in the matter.

Campbell Martin Ind West of Scotland
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Members have listened to the arguments that the petitioners have put forward on the three petitions. I do not intend to go back over those arguments, but each petitioner made a strong case. They won the argument, but unfortunately they still face losing the playing fields in their areas.There are issues that we must consider before we move on. The main issue is probably that the petitioners—certainly the Laighdykes residents group—are frustrated because they have gone down the proper road and used the proper procedures to raise their concerns, but have come up against a brick wall whenever they have done so. They think that the local authority has ridden roughshod over their objections and concerns and that the Scottish Executive has not listened to their case. Obviously, the Public Petitions Committee's role is to facilitate a good hearing for the petitioners and to ensure that their case is heard. The committee has done that; it has allowed the petitioners to have their say and to make their case. As I said, they won the argument but—unfortunately—that does not mean much when people are faced by local government and central Government.The petitioners have consistently asked why councils should have local and strategic plans and why there should be national planning policy guidelines if they are simply to be ignored when it suits local authorities to ignore them. That certainly seems to have happened with Laighdykes. Saltcoats and Ardrossan are also losing substantial playing fields. There have been contraventions of the local plan and national planning policy guidelines, but the proposals will almost certainly go ahead.According to a recent survey, 30 of the 32 councils in Scotland are building a total of 300 schools using public-private partnerships. Problems arise because the multinational consortiums behind this programme of school building do not want to refurbish old schools; they simply want to build new schools on adjacent land. An additional problem in Laighdykes was that the land adjacent to the school was not a school playing field, but a public playing field. As a result, the local authority had to appropriate the land so that it could be allowed to build on it.That brings us to a recent survey by Andy Wightman and Jim Perman on common good land, which is an issue that we have not really considered before. Given its history, the land in Laighdykes should almost certainly have been designated as common good land, because it was purchased by the former burgh councils and taken over by the subsequent local authority after reorganisation. However, despite that, the local authority has simply appropriated the land and it is likely that a school will be built on it. We know from reports that there has been almost no audit of the common good land and playing field land that is being lost to build the 300 schools.I turn to the role of sportscotland in the petitions and in helping the committee with its deliberations. The Holmhills Wood community park action group estimate that 320 acres of playing fields will be lost to school building, which equates to 180 football pitches. Sportscotland, which is supposed to encourage people throughout Scotland to take part in sport, has gone along with the plan. My criticism of that organisation is quite strong: in my only personal contact with sportscotland when I was helping the Laighdykes residents group to save the playing fields in Saltcoats, the senior sportscotland representative certainly supported the council's proposals. It was quite clear that he wanted to accommodate the council's plans and, as the papers that I have submitted to the committee show, sportscotland has argued that it was able to support the plans because they would provide enhanced facilities such as a running track, floodlights and all-weather pitches. However, those enhanced facilities will be fenced off and people will be charged to use them. Local kids will probably not be able to afford to play on the floodlit pitches; they will certainly not be able to have informal kickabouts, because the land will be fenced off. Facilities are not enhanced if local people cannot use them.I am really disappointed by sportscotland's attitude. Obviously, my specific example is what has happened at Laighdykes. Such areas are fenced off before a school is even built, so Laighdykes will lose its National Playing Fields Association-recommended area.I am pleased that we have been able to let the petitioners have their say and make their case, but the land will be lost forever and we will not get it back. It seems that the committee's only option is to refer the petition to the Communities Committee to inform its debate on the planning bill, which will come too late for the communities that have petitioned us. The land will be lost. I just wish that we could do more to protect playing fields throughout Scotland and to support the petitioners, who I think won their case.

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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I am more than happy to hear any suggestion about how to take the matter forward.

Jackie Baillie Lab Dumbarton
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We have heard a lot of detail about one particular petition, but nothing about the other two. The Communities Committee will want to consider the wider issues, not least the question of common good land. In that respect, I believe that the matter can be taken forward in the vehicle of the forthcoming planning bill.

John Scott Con Ayr
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My comment is also relatively brief. The petitions raise very real issues that must be considered. However, I should point out that the campaigners in Ayr had a physical victory, because South Ayrshire Council stuck to the planning guidelines and refused the planning application.Notwithstanding that, there is no question but that the three petitions have highlighted a real problem. At least, the planning guidance needs to be updated. Sportscotland, of which Campbell Martin was so critical, perhaps acknowledges its own confusion. It is happy for the guidance to be updated through national planning policy guideline 11 on sport, physical recreation and open space.I agree with Jackie Baillie—it is important for the Communities Committee rigorously to consider the matter during its consideration of the planning bill because there is a Scotland-wide problem.

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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Our experience shows that, even though petitions usually highlight a particular concern of a community or an organisation, it is seldom that community or organisation that benefits from the committee's consideration of the petition because, usually, the decision in respect of their case has already been made. However, other people benefit from their experience. Although the changes that come about cannot be applied retrospectively, they improve processes for the future. That may well happen in relation to Laighdykes and the other cases. It may be that the planning changes that will come about will protect other communities but that it is too late for the people who lodged the three petitions that are under discussion.

Sandra White SNP Glasgow
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I do not want to go into the Glasgow situation—the use of tennis courts, bowling greens and that sort of thing, which is happening all over Glasgow and in other areas. However, I add that NPPG 11 is causing a lot of concern. Unlike Campbell Martin, I am quite pleased with sportscotland's response in that it recognises that bowling greens are being sold off and it will raise the matter under the new review.We should send the petitions to the Communities Committee because it will be considering the planning bill—and, perhaps, discussing third-party right of appeal. Our briefing note states that a draft version of a new Scottish planning policy 11 is expected to be published for consultation in February 2006. I would like confirmation, perhaps from the Communities Committee, that that will not be published after the planning bill is considered by Parliament. It would not be joined-up thinking if the planning bill was passed by Parliament and the new SPP 11 came along afterwards. We do not know when the planning bill will be published. Can we get clarification of that?

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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As I have said in previous conversations on the matter, if we send the petitions to the Communities Committee, it will be up to that committee to deal with them. The Communities Committee will examine the planning bill and I am sure that it will have to take such matters into consideration. Sandra White has flagged up a genuine issue. I think that there is agreement that we should send the petitions to the Communities Committee. We can ask it to consider the specific issue and hope that it will be addressed.As the three petitions raise similar issues, are members happy to send them to the Communities Committee for consideration during passage of the planning bill?Members indicated agreement.

Campbell Martin Ind West of Scotland
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Obviously, I am not happy with the outcome, but I accept that the Public Petitions Committee has done everything that it can. I agree that the committee should send the petitions to the Communities Committee.

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