CASEBOOK: Appeal cases - Housing: New build - Removal of play area ruled out despite nuisance

A proposal aimed at securing the removal of a children's play area on a housing estate in Ayrshire has been rejected on the grounds that it would lead to the loss of an important recreational resource.

An application to delete a condition requiring provision of the play area was made by a local resident whose rear garden formed one of its boundaries. He claimed that teenagers congregating in the play area often behaved in an anti-social manner, which harmed the amenity of many residents.

The reporter noted that the play area was intended for use by young children. However, she accepted that the swings were capable of being used by older children and expressed surprise that the council had approved their provision. She concluded that the play area should remain but recommended that the council should consider redesigning the area to remove those pieces of equipment which attracted older children.

DCS No: 48055876; Reporter: Karen Heywood; Written representations.

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