FAQs

General FAQs

What is the initiative?
The Queen Elizabeth II Fields Challenge aims to safeguard hundreds of outdoor recreational spaces in perpetuity for future generations in celebration of the Diamond Jubilee and as a permanent tribute to Queen Elizabeth II. The initiative has particular pertinence given the other landmark event scheduled to take place in the UK in 2012: the London Olympics.

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Why is access to green space such an important issue at this time?
Access to outdoor space is vital for communities and plays an important role in providing a place for both physical activity and relaxation. Sport and play are essential tools for developing confidence, self-esteem and learning the importance of team work. It is well documented that community recreation reduces alienation, loneliness and anti-social behaviour whilst also promoting ethnic and cultural harmony. The May 2010 Inverdale Report states that there is evidence that the number of playing fields has reduced from 26,000 in 1992 to 20,000 in 2009 and so it is vital that we take action.

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Are you creating any new sites? Or are they all existing ones?
It is anticipated that the vast majority of the areas of land commemorating The Queen’s Diamond Jubilee will be existing sites – where they are valued and supported by local people it is very important that they are protected. However we also hope to help protect some brand new fields by safeguarding outdoor space within new housing estates, persuading private landowners to donate land for recreational use – especially in rural areas – and potentially through the conversion of public wasteland.

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Aren’t you just re-naming existing fields after The Queen?
Absolutely not: FIT exists to safeguard recreational areas through legal means by placing covenants on the land, meaning they have to remain in recreational use forever. Decades of urban development have seen the stock of fields reduce substantially. Once lost, recreational space cannot be reinstated. FIT’s aim is to safeguard existing recreational space for the future. The Queen Elizabeth II Fields Challenge will boost the existing stock of safeguarded space for the benefit of future generations.

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Once the 2,012 target is reached, will the programme end?
At the moment, the target is for 2,012 fields, but FIT has an ongoing programme of saving and enhancing outdoor recreational space, so we would always be interested in more.

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Is there a deadline for acquiring the 2,012 sites - 2012?
FIT will be working to secure as many Queen Elizabeth II Fields as possible by 2012 but some fields may come on line after this date if negotiations are protracted. As the Challenge heralds the beginning of an exciting decade of sporting events in the UK we are very happy that the project may extend beyond 2012. Where owners of nominated sites are interested in applying for funding then they may have an interest in the funder’s deadline.

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What is the role of the UK Government in this programme?
The previous and current governments have both been very broadly supportive of this initiative to protect outdoor spaces for sport, play and recreation in the landmark year of 2012. An endorsement of the campaign from Hugh Robertson, Minister for Sport and the Olympics is on our website. Furthermore, Sport England has announced a funding stream for protected sites under its Places, People, Play funding that is planned as a legacy for the London 2012 Olympics.

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Who are you targeting with this initiative?
FIT aims to engage the whole nation with this exciting legacy initiative. Initially we targeted the larger local authorities as their support for the project is absolutely the key to its success. We want each Local Authority throughout the United Kingdom to nominate several recreational spaces in their area that they would be happy to protect as Queen Elizabeth II Fields (to be known as a Queen Elizabeth fields in Scotland). We will then target the public at large by putting these nominated areas on our website www.qe2fields.com to allow the general public to express their support by way of a vote for their favourite local field. We hope that the public will be excited by the chance to be involved in creating a permanent and tangible legacy to benefit their community both now and in the future.

We also want to encourage any town, parish or community council; sports club, recreational charity; voluntary body or private landowner who might want to get involved with the initiative and so we will be accepting submission of individual fields to the scheme providing they meet the set criteria. This will provide a great opportunity to create some brand new fields.

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Why should Local Authorities get involved with this initiative?
Local Authority elected members and officers take many important decisions and The Queen Elizabeth II Fields Challenge presents an opportunity to safeguard a community facility that will not only benefit people today but also generations to follow, securing for communities access to outdoor spaces for sport, recreation and play. At a time when one in three children under 12 is overweight or obese, protecting and encouraging greater use of local parks and playing fields is vital. Local Authorities may see the project as a colourful and cost-effective way of celebrating Her Majesty’s 60 years on the throne in a way that lasts for future generations, as Prince William says in the film that he made when launching the project.

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What are the benefits to a Local Authority
We also hope that Local Authorities will see the great benefits that protecting these spaces will have in terms of addressing some of their key agendas around increasing physical activity, promoting social cohesion and improving the environment, alongside celebrating Her Majesty’s 60 years on the throne in a lasting way for their communities.

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How will people vote for their nominated field?
The public will vote and indicate their support for their favourite outdoor space through www.qe2fields.com. All outdoor recreational spaces nominated by Local Authorities will be uploaded to this site so that people can search for their area and cast a vote for the field they would like to be protected as a Queen Elizabeth II Field. Voting will commence later this year.

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How can the public support the Challenge?
The public can support the Challenge actively in a number of ways including by supporting their outdoor recreational space to be protected and encouraging their Local Authority to sign up to the initiative. Donations from the public to the Challenge would, of course, also be welcomed! They will also be encouraged to volunteer on their local site via the web.

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Does FIT lobby Government for a change in the law?
FIT’s primary aim is to secure better access to outdoor space for sport, play and recreation for everyone, and so part of our core work involves campaigning to strengthen the statutory protection of outdoor recreational space. FIT have had considerable success lobbying government over the years and helped to secure greater protection for both school and community playing fields and will continue to seek enhancement of this legislative protection.

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Does FIT try to influence Local Authorities in their decision making?
FIT has worked very closely with Local Authorities since its formation in 1925, and continues to do so. We recognise fully the contribution made by many Authorities in terms of providing and managing playing fields and other forms of open space for local communities. We have had a positive impact in terms of recommending facility standards for sport and play, recreational planning matters including the widely used Planning and Design for Outdoor Sport and Play (aka The Six Acre Standard), direct protection of sites owned and managed by authorities (about 50% of the 1362 we protect) and indirect protection through planning and educational legislation.

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Why are some fields being put to a public vote? Why not protect all the nominated fields?
We want to create a real sense of public awareness and engagement around the project so that communities not only feel that something relevant and tangible is created as a legacy but that they have played a part in helping to create it. FIT’s model works very much on the basis of local ownership and management and so we are pleased to be able to extend this community involvement to the new campaign. Our goal is 2,012 fields protected by 2012 but, with sufficient funds, we’d be delighted to include more fields in the overall tally. It is up to the nominator of the fields to decide whether all fields nominated will become Queen Elizabeth II Fields. If a local authority wants to protect some of the sites it has nominated, then they can be put through the voting process.

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How is a field defined for this programme? What criteria need to be met?
FIT would like to emphasise that they will welcome a wide range of sites as candidates for nomination to the Queen Elizabeth II Fields Challenge. This range includes gardens, children’s play areas, bicycle trails, nature reserves, sports pitches and many other types of outdoor open space.

As further guidance, when selecting sites to go forward, Local Authorities should bear in mind the following criteria – criteria in line with FIT’s general policy on protection:

o The site must be owned by the organisation putting the field forward to become a Queen Elizabeth II Field.
o Evidence of ownership, and where relevant freehold interest, permitting the use of the site for outdoor, sport, play and/or recreation must be produced.
o Sites may be provided with facilities and equipment or used as general open space, and established for that purpose by way of planning requirements.
o Each site’s principal use should be outdoor sport, play or recreation. We aim to be flexible and therefore dedications including village halls and indoor leisure, heritage, cultural facilities that promote community recreation will be considered.
o Satisfactory evidence that the use or proposed use is a lawful use in planning terms.
o Generally the minimum size is 0.2 hectare (0.5 acre).
o Sites need to be accessible in terms of location.
o Sites need to be affordable for the local community.
o Sites should be open to the public, established charitably, be held by a sports club under the Community Amateur Sports Club regime, or held as Public Open Space.
o All sites will need local managers, who will be responsible for the quality of the facilities, their maintenance and development, improving participation and use and financial and operational sustainability.
o Sites must be compliant with existing legislation relating to sport, play or open space.

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Will FIT maintain the site?
No, maintenance stays where it is at the local level. Even though the deed provides that FIT may provide advice to aid the management and running of the site, the responsibility for all management and maintenance of the site remains with the Council. FIT has no ongoing obligations in respect of the maintenance and development of the site. The deed of dedication also places an obligation on the Council to maintain the land having regard to the guidance issued from time to time by the Charity Commission to Local Authority Trustees, there is a local government toolkit available at www.charity-commission.gov.uk/Library/toolkit. The Council will need to satisfy itself as to its duties as a local authority as well as its duties as trustees of a charitable trust and any conflicts may need to be referred to the Charity Commission.

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What is FIT’s View of Protecting Sites through Town and village Green Legislation?
Town and village green legislation is a further method of securing long-term protection for recreational land. Fields in Trust, however, favours protection through charity and/or appropriate deeds serving as contracts. The downside relating to village greens can include:

• Limitations on the provision of buildings and structures ancillary to sport and recreational use
• Limitations relating to leases and licences to user organisations involved in the management, maintenance and use of the green
• Lack of safeguards relating to the reapplication of proceeds following disposal and the provision of replacement land and facilities. The proceeds of disposal of charitable estate are required to be re-applied to the charity’s constitutional objects unless Charity Commission approval is otherwise obtained. No similar requirement applies to proceeds of sale arising from disposal of town or village greens.

FIT’s position is that it recommends protection by charity where sites are already registered as town or village greens; where sites are already registered and protected through charity then village green registration is unnecessary and may impact adversely upon the ability of trustees to act in the best interest of the charity: it should be opposed. FIT will be involved in objecting to any application for town or village green registration where it is already legally involved in protecting land for recreational use.

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Legal FAQs

What is the legal process for protecting these sites?
With some larger local authorities, where the public will select from a list of sites, we aim first to agree a Framework Agreement governing our joint commitments to matters relating to site identification, nomination and protection. Our objective is to protect sites in perpetuity through a Deed of Dedication (see below). Where, however, the local authority wants all the sites that they are nominating to be Queen Elizabeth II Fields then we will agree Deeds of Dedication immediately, bypassing the Framework Agreement.

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How flexible is the process?
FIT has developed a number of options which we hope will suit all landowners. These include establishing the site on charitable trusts or protecting it as a non-charitable site; protecting the land for general open space purposes, specifically for sport or games, or for outdoor and indoor recreational purposes, depending on present and foreseen circumstance.

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Will the specific field always be protected?
FIT does accept that on rare occasions communities change and land use changes accordingly. Parts of sites, or very rarely, whole sites can therefore be disposed of provided the disposal is of clear advantage, and in the best interests of the community, from a recreational perspective. The criteria which FIT applies to replacement facilities are that they should be of at least equal size, better quality and serve the same community in terms of catchment area. Additionally, and very importantly, the entire proceeds of any disposal should normally be re-applied to new sport, recreation and/or play facilities, with priority given to outdoor prior to indoor facilities.

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Can previously dedicated fields be included?
It depends on the terms of the dedication but where any site is dedicated as a memorial to one or more deceased people, FIT regards it as inappropriate for inclusion in the Queen Elizabeth II Fields Challenge.

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Will FIT take over the management of a field?
No, all the sites protected by FIT are locally managed. Local communities, landowners and users are in a far better position to know how local facilities can best be provided, used and enhanced. All aspects of management and maintenance are determined locally. FIT’s role is custodial and advisory. We see protection by these means as having a light touch but being absolutely effective. We ensure that the fact of protection of these sites is in the public domain and that any change of use or any buildings which fall outside the terms of protection need our specific advance consent.

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Can the site retain its current name or does it have to be renamed the Queen Elizabeth II Field?
It is not necessary for the sites involved in the scheme to change their names. We are very aware that many sites already have names that are instantly recognisable within the community through their long usage. Our recommendation is that the site would acquire Queen Elizabeth II Fields status, and receive any badging associated with this which would ensure there was no requirement for any actual name change. The King George V Fields are a good template for this. Many local authorities will be familiar with the King George V Fields in their area still being known by other names whilst also having the King George V plaques at their entrances.

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Do we have to get approval from FIT for any decisions we make about the site
All day to day decisions are the responsibility of the owner and/or managers. Fields in Trust only wants to know about any potential disposals, including wayleaves, leases, transfers and sales. Fields in Trust would also need to be consulted about any building works on the site that lie outside the agreed use of the site.

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If we want to put in a play area or teen shelter do we need permission
All day to day decisions are the responsibility of the owner and/or managers. Fields in Trust only wants to know about any potential disposals, including wayleaves, leases, transfers and sales. Fields in Trust would also need to be consulted about any building works on the site that lie outside the agreed use of the site.

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Where the land is registered at the Land Registry, a restriction is registered on the Register of Title. This prevents dispositions being registered without Fields in Trust’s consent. Do we need the owner’s consent to the deed of dedication.
According to Land Registry guidance, consent would only be needed for a registrable disposition. The deed of dedication just deals with the equitable title to the land, not the legal title, and so it will not count as a registrable disposition. The restriction should therefore not be a problem.The owner not only has to consent to the Deed of Dedication , it is only the owner who can enter into the Deed and therefore the owner’s consent is a first priority.

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Will FIT take over the ownership of the site?
No, all fields will remain in the ownership of the existing freehold owner.

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How will the site be protected?
Deeds (commonly called Deeds of Dedication) will be entered into for each site; these are legally binding contracts which will ensure the protection of the site in perpetuity. If the deed creates a charity both charity law and FIT will ensure the protection, if the deed is non-charitable FIT will ensure the protection.

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Are we being asked to sell the relevant land?
No. Legal ownership of the land does not change, but there is a transfer of beneficial interest. However, under the Charitable Deed, the land is held on trust for the inhabitants of a specific area and is to be known as a ‘Queen Elizabeth II Field’. Whilst ownership remains with the Council/its current owner, it should be noted that the establishment of the charitable trust of land by the deed of dedication would be a disposal of the beneficial interest in the land for the purposes of triggering land registration. Therefore if the land is unregistered you will be obliged to submit an application for first registration of the land to HM Land Registry.

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Why is the National Playing Fields Association a party to the deed?
‘National Playing Fields Association’ is the constitutional name for ‘Fields in Trust’, a registered charity and incorporated by Royal Charter, and is the name under which the charity enters into contracts and deeds. National Playing Fields Association is a party to the dedication so that it is able to oversee the scheme and ensure that the obligations under the deed are fulfilled by all parties, on behalf of the community which has the benefit of the dedication.

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How long does the trust last?
Charitable deeds normally establish protection in perpetuity, though trusts can be time limited. Non-charitable protection is the same. FIT’s preference is for protection in perpetuity.

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Why are we being asked to register the trust as a charity?
Charitable trusts are subject to various controls under charity law. Charity trustees have a statutory duty under the 1993 and 2006 Charities Acts to register their charity with the Charity Commission when their gross annual income is more than £5,000. Some charities are exempt or excepted by law from registration, but that does not apply to FIT or the trusts created by these deeds of dedication. Note that even if the charity has a small income and so is not required to register, it will still be subject to the jurisdiction of the Charity Commission and the constraints of charity law. Once dedicated, the land will be what is referred to as ‘functional permanent endowment’ that is dedicated to delivering a specific charitable purpose. We would note that if the income of the charity from all sources exceeds £5,000 you will need to register it with the Charity Commission. The form for doing this and advice about it can be found on the Charity Commission website:

http://www.charity-commission.gov.uk/Start_up_a_charity/Register_a_new_charity/default.aspx

If you would like to consider protecting under a non-charitable deed this is possible. The relative advantages and burdens of both methods are explained below.

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Do we have to use the site as ‘public playing field and recreational ground’ only?
No. Depending on the site’s current and possible future use, the user clause can be amended by agreement. For example, it could include reference to ‘open space’ or to ‘a community hall’.

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How will the charitable deed restrict our dealings with the dedicated site?
The charitable deed contains restrictions on the legal owner in respect of the dedicated site. It is important to FIT that it is has the ability to approve (through the consent mechanism in the deed, which requires FIT to act reasonably) any disposal of the site or erection of structures or buildings on it, which fall outside of the permitted use. Buildings that are ancillary to the site’s use are not just allowable, but encouraged, by FIT and do not require our consent. If the owner does wish to dispose of the land which is charitably protected, this may be possible with the consent of FIT provided that the land is replaced by another dedication and the disposal complies with section 36 of the 1993 and 2006 Charities Acts.

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How will the non-charitable deed restrict our dealings with the dedicated site?
The non-charitable deed contains similar restrictions to those within the charitable deed. The non-charitable deed contains restrictions on the legal owner in respect of the dedicated site. It is important to FIT that it is has the ability to approve (through the consent mechanism in the deed, which requires Fields in Trust to act reasonably) the erection of any building or structure on the Property the use of which falls outside of the permitted use. Buildings that are ancillary to the site’s use are not just allowable, but encouraged, by FIT and do not require FIT’s consent. If the Council does wish to dispose of the land, this may be possible with the consent of FIT provided that the land is replaced by another dedication and the disposal is done in accordance with the standard disposal policy of FIT. The criteria which FIT applies to replacement facilities are that they should be of at least equal size, better quality, and serve the same community in terms of catchment area. Additionally, and very importantly, the entire proceeds of any disposal should normally be re-applied to new sport, recreation and/or play facilities, with priority given to outdoor prior to indoor facilities.

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How will the charitable status of the trust restrict our dealings with the dedicated site?
Section 36 of the 1993 and 2006 Charities Acts state that no disposal of charity land can be made without an order of the Court or the Charity Commission. It does provide a statutory self certification system for disposals without such an order provided the requirements of sections 36 and 37 are strictly followed. One of the important restrictions which still require an order is disposals to connected persons. This would arise for example, if the Council as charity trustee were to dispose of property to itself in its capacity as a local authority. As a matter of charity law the dedicated site is ‘functional permanent endowment’. This means that even if there is a power to dispose of the land under section 36 the proceeds of sale must be reinvested in an appropriate replacement facility. If the proceeds are to be used for any other purpose, a scheme of the Charity Commission will be necessary. The reason for this is that in not replacing the dedicated site the Council would be making changes to the original charitable purposes of the charity. In law that needs a scheme of the Charity Commission. If further information is needed we suggest that you discuss this with the Charity Commission or refer to the latest guidance note (currently CC28) on its website www.charity-commission.gov.uk.

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What is the General Disposal Consent 2003 (the GDC)?
The GDC was issued pursuant to s.128 of the LGA 1972 and permits a local authority, in certain circumstances, to dispose of an interest in land, at undervalue, without the Secretary of State’s consent. A disposal at undervalue must in the council’s opinion be likely to contribute to the achievement of the promotion or improvement of the social, economic or environmental well-being of the area or the residents or persons present in its area. The entering into of a trust constitutes a disposal of beneficial interest in land for nil consideration and therefore the trust needs to fall within the GDC if specific Secretary of State consent is going to be avoided.

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What do the statutory references in the deed mean?
The deed requires compliance with certain statutory provisions which can be briefly explained as follows: Section 111 LGA 1972 deals with subsidiary powers of local authorities providing for powers to do anything which is calculated to facilitate, or is conducive to, the discharge of any of their functions. Section 2 LGA 2000 permits local authorities to take any steps they consider are likely to promote or improve the economic, social or environmental well-being of the local community, subject to restrictions in section 3. S127 LGA 1972 deals with disposals of land held by parish councils. S.128 deals with the disposals of land with the consent of the Secretary of State rendered unnecessary by GDC.

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Should I seek legal advice in relation to entering into the deed?
If the landowner feels that advice is needed then we would suggest that it does so. While FIT is happy to assist you in understanding the purpose of the deed, this is a potentially complex area of law and the Council should ensure that it understands the obligations of the deed and seeks any legal advice necessary to enable it to enter into the deed. The National Association of Local Councils can provide additional legal advice to its members.

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Financial FAQs

What are the costs?
The only costs are a) registering the Deed of Dedication at the Land Registry (maximum £150) b) installing a plaque provided by FIT and c) any opening ceremonies/celebration events to field owner might wish to host. FIT will pay the legal costs of completing the deeds of dedication but if the owner of the site wishes to employ a solicitor they will need to pay those fees themselves. We will ask the owners to provide evidence of ownership: if the land is registered then we will ask them to provide up to date Office Copy Entries of the title of the land, including the title plan, as held at the Land Registry.

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Why is the value of the property important?
If a local authority disposes of an interest in land for consideration less than its value (an ‘undervalue’) and such undervalue exceeds £2 million, consent of the Secretary of State is required, even where it falls within the GDC.

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What if the disposal does not fall within the GDC or is at an undervalue of more than £2 million?
It is for the Council to satisfy itself as to whether the GDC is applicable to the particular disposal and if the £2 million threshold is exceeded. In the event that the disposal does not fall within the GDC or is at an undervalue of more than £2 million, the Council should seek consent from the Secretary of State.

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