The Committee recalled that in 2021, a case was brought against the Council by residents, namely, the identification of a statutory noise nuisance in relation to the skateboarding facilities at Aviator Park (formerly the Marconi Sports Field), in Addlestone.

Residents sought closure of the skateboarding facilities because of the noise nuisance, whilst Members had sought for the facilities to remain, based on the wider benefit to residents of all ages.  Officers had sought to negotiate with the residents to reach a suitable compromise but this had not been possible to achieve.

Residents had then entered a legal process in relation to a statutory noise nuisance relating to the use of the skate park which reached a conclusion on 7^th September 2022, when the judge passed a final verdict.  This was in the form of an abatement order, the draft of which was noted by the Committee.  This restricted use of and access to the skatepark.

The Committee agreed that to comply with the notice it was not worth keeping the skate park in its current location.  Instead the option to improve and re-open the facility at Heathervale Recreation Ground should be taken, subject to identifying how this could be funded.

Officers detailed the costs which would be incurred in removing the skatepark from Aviator Park.  One indicative quote sought in November 2021 priced the work required in the sum reported.  The works would include removal of both the skate park equipment (ramp) along with the concrete square within the park.  Once clear, options for alternative use of the open space at Aviator park could be considered which the residents would find more acceptable.  This was a piece of work to be investigated in the medium to long term.  However, the Committee agreed that should the Council be unable to fund the replacement or reprovision of skate facilities, it was recommended that works to preserve the skatepark at Aviator Park be undertaken, on the basis that removing further recreational facilities, without alternative would have a further negative impact on residents.

On the basis of there being existing provision at Heathervale that needed replacement, the report completed by Maverick, provided to the Committee in full, and the initial feedback from Police colleagues, Members considered the opportunity to improve those facilities should be taken.  Therefore, it was agreed that approval of a supplementary capital estimate should be requested of Corporate Management Committee, in the sum reported, for the replacement of the skateboarding facilities at Heathervale Park. 

Members were advised that the sum requested for the removal of skateboard facilities at Aviator Park was unbudgeted and therefore Corporate Management Committee would need to approve a supplementary revenue estimate.  This was accepted and agreed accordingly.

The Committee further noted that there was no budget in the Capital Programme for  the replacement of skateboard facilities at Heathervale Park.  There was however a budget for play area replacements which could be utilised for this requirement.  This would leave a sum as reported, unbudgeted.  Therefore Members agreed to this course of action, and that Corporate Management Committee be requested to approve a supplementary Capital estimate.  Officers would investigate how to resource the additional sum needed.

An Equality Screening Assessment was being undertaken and referred to the Council’s Equalities Group for their comments, prior to consideration by Corporate Management Committee.  Officers sought to make Heathervale’s facilities accessible for as many users as possible.

The Committee discussed how potential anti-social behaviour could be addressed and instructed Officers to conduct a costed site specific survey with regard topotential provision of CCTV at Heathervale Recreation Ground.

Officers advised that they would look at leisure provision at Heathervale including future play equipment and activities, and other sites in the borough as part of the wider play area review to be considered by the Committee at a later date, via the Health and Wellbeing Member Working Party.

RESOLVED that –

            i)          Members recommend to Corporate Management Committee that:

                        a)         A supplementary capital estimate in the sum reported be                                 approved for the replacement of skateboard facilities at                                   Heathervale Park subject to Officers confirming financing                           arrangements; and

                        b)         a design and build contract with an estimated total                                            contract value of no more than the sum reported is                                           procured using the ESPO framework 115 Outdoor Play                             and Lot 6.1 in-situ concrete BMX/ skate parks;

            ii)         Members recommend to Corporate Management Committee that        a supplementary revenue budget in the sum reported be                approved for the removal of Aviator Skate Park; and

            iii)        Members recommend to Corporate Management Committee the                     full closure of Aviator Skate Park on a temporary basis, from                                   October 5^th 2022, until such time as the skatepark facilities are                     removed