1   INTRODUCTION AND BACKGROUND

The Maidstone Parks and Open Spaces 10 year Strategic Plan 2017-2027 was formally adopted by HCL Committee on the 4^th July 2017 and part of that work plan was the development of the Maidstone Play Area Policy.

The Maidstone Play Area Policy identified those areas that will be most effective in providing high quality play for mixed age ranges within reach of the majority of residents of the borough. In all 78 Strategically Important Play Areas were identified in the borough

The review of play areas identified 20 play sites that did not meet the criteria and as such should not be maintained into the future with revenue nor capital investment from MBC core budgets. In time these areas would be decommissioned when they are not fit for purpose.  Consideration could be given to refurbishing such areas if other funds become available from Section 106 Developer Contributions or other grant aiding bodies.

The report highlighted the possibility of disposing of such sites (to remain as public parks/play areas) to Parish Councils, Housing trusts or other community groups.

Boxley Parish Council has requested that they take on the management of Franklin Drive Open Space on a long lease to allow them to continue to provide a resource to the local residents and invest in new play equipment.

2     AVAILABLE OPTIONS

2.1     Transfer land and existing play equipment on a 99 year lease to Boxley Parish Council. There will be a nil premium and a peppercorn rent.  Draft heads of terms are attached in Appendix 2 to illustrate obligations and conditions.

2.2     Do nothing and retain site as MBC managed site – no further investment and decommissioning play equipment as it reaches end of life. Site would be retained as informal grassed public open space with on-going ground maintenance costs and the future costs associated with removal of play equipment and ground restoration.

2.3     Retain land until existing play equipment is decommissioned and dispose of land for alternative uses. Land has potential value for extending existing gardens or as potential for a secure access route for Network Rail to reach line-side. Market for sale of land would need to be tested in approximately 10 years-time. Ongoing maintenance costs for 10 years and potential for negative community reaction to the sale of public open space/parks land.

3         PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

Members are recommended to endorse Option 2.1 above to allow Boxley PC to invest in the local  play provision as they see fit. Boxley Parish Council have already earmarked funds for new play equipment at this location. Reduce  MBC’s exposure to risk and reputational damage in managing the decline of the play area over the next 5-10 years.  Transfer of the land to an established accountable organisation embedded within the community may generate more opportunities for a sense of community ownership, fundraising and activities such as those found at the nearby Weavering Diamond Jubilee Orchard.  Disposal of land will comply with the Council’s policy adopted at the Policy & Resources Committee meeting 25/07/17 as the disposal will contribute to the improvement of social well-being; the promotion or improvement of environmental well-being; and the difference in the value of the land and the price for disposal does not exceed £2 million.

4         RISK

4.1    The risks associated with this proposal, including the risks if the Council does not act as recommended and shown in section 2.2, have been considered in line with the Council’s Risk Management Framework. We are satisfied that the risks associated are within the Council’s risk appetite and will be managed as per the Policy.

5         CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

5.1      The Maidstone Parks and Open Spaces 10 year Strategic Plan 2017-2027 was formally adopted by HCL Committee on the 4^th July 2017 and part of that work plan was the development of the Maidstone Play Area Policy; the disposal of non-strategic play areas to Parish Councils is part of the agreed way forward.

6         NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

6.1   If members are minded to agree to the disposal of Franklin Drive Play Area by long term lease to Boxley Parish Council then local notification would be undertaken for a period of four weeks – this would involve use of site notices, direct communication with neighbouring households and circulating the outcome though the parish communications network of e-mail & newsletters. Statutory notification in a local newspaper for a period of not less than two weeks would also be undertaken.

7     CROSS-CUTTING ISSUES AND IMPLICATIONS

 REPORT APPENDICES

The following documents are to be published with this report and form part of the report:

·         Appendix 1: Map of Franklin Drive Open Space

·         Appendix 2 : Draft Heads of Terms