Closure of a Play Area at Auchinlea Drive, Cleland
North Lanarkshire Council · 2 November 2022
Back to Petitions Sub-Committee — 2 November 2022 and its agenda
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North Lanarkshire Council Report Petitions Sub Committee Does this report require to be approved? ☒ Yes ☐ No Ref SP/LP Date 02/11/22 Petition –Closure of a Play Area, Auchinlea Drive, Cleland From Leanne Pollock (Community Partnership Manager) E-mail pollockle@northlan.gov.uk Telephone 1. Background 1.1 The petition was received by the Council on 3rd August 2022 via an Elected Member for Ward 20 Murdouston. 1.2 A scanned copy of the petition was submitted which contains signatures and addresses of 85 local residents and is attached to this report (6.1 Copy of petition) Executive Summary The purpose of this report is to advise Committee of a petition received by the Council objecting to the proposed removal of an existing play area located at Auchinlea Drive, Cleland and the specific actions requested within the petition. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition statement (20) Improve the involvement of communities in the decisions, and development of services and supports, that affect them Recommendations It is recommended that Committee: (1) Acknowledges the content of the petition; (2) Acknowledges the investigations undertaken to ensure continued play provision within this locale; (3) Recognises that local capital investment for play provision has been identified for the area for sites within Council ownership; (4) agrees that the play area at Auchinlea Drive is removed.
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1.3 The petition stated ‘We, the undersigned, wish to register our strong disagreement about the closure of the play area located at Auchinlea Drive, Cleland. We want the Community Partnership Team to: • Stop the planned closure • Remove the cease maintenance order • Restore maintenance to the play area • Bring the play area up to standard • Renew/repair any items of play furniture in need of maintenance.’ 2. Report 2.1 The play area located at Auchinlea Drive has reached the end of its life and is no longer economical to repair. Council Officers have inspected the site and advised that it should be removed at the earliest opportunity. 2.2 The play area does not sit on land owned by North Lanarkshire Council (see 6.2 Land Ownership Map) and as such, we are unable to replace and renew existing equipment on the site through our capital budgets. 2.2 North Lanarkshire Council have alternate play provision in the area located within Cleland Public Park. This site is an approximate 460 metres walk (see 6.3) which is an acceptable distance. Furthermore, the site at Cleland Public Park has already been identified for additional investment through the Local Development Programme to upgrade the local play provision within Cleland. 2.3 A new housing development is under construction immediately to the East of Auchinlea Drive on the site of the former Cleland Hospital. This site will include a play area as a planning condition to ensure a level of local play provision continues to exist in the immediate area. 2.4 The cease maintenance order relates to the surrounding open spaces adjacent to the play area including shrubs and grass areas and landscape maintenance within the play area. 2.5 As part of the council budget process for financial year 2019/20 a decision was taken by council at the meeting on 21 February 2019 to reduce areas of grass cutting from the council’s maintenance programme. 2.6 Prior to 1996 it was common for councils to undertake maintenance of public open spaces within residential developments. However, there was no legal obligation on authorities and in most cases the title relating to the open spaces was not transferred to the council. This meant that the legal responsibility for maintenance contained within the title burdens remains with the landowner/ homeowner. 2.7 In terms of roads, streets and paths the council has an obligation under the Road Scotland Act 1984 to add new roads to the list of public roads where they are constructed to the appropriate standard. Thereafter, these assets would be maintained by the council as Roads Authority. No such legislative requirement exists for play areas and recreation, landscaped or ornamental ground.
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3.0 Public Sector Equality Duty and Fairer Scotland Duty 3.1 No impact 4. Impact 4.1 Financial impact No impact 4.2 HR policy / Legislative impact No impact. 4.3 Technology / Digital impact No impact. 4.4 Environmental impact No impact. 4.5 Communications impact No impact 4.6 Risk impact No risks identified 5. Measures of success 5.1 The removal of the play area located at Auchinlea Drive, Cleland. 6. Supporting documents 6.1 Land ownership map – Appendix 1 6.2 NLC Play Provision – Appendix 2 Stephen Penman Head of Strategic Communication
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Appendix 1 6.1 Land ownership map
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Appendix 2 6.2 NLC Play Provision