New Build Estates with Playgrounds - Are they for Residents Only?

GixerKate

The estate where I live is a new build estate from about 2/3 years ago, the roads and drains are to be adopted by the council at some point (sore point with us residents that it hasn't happened yet) and we pay an annual management fee for the green areas of the estate and the playground.  The playground is not maintained by the council at all and never will be.

We have had the delight of some local teenagers who do not live on the estate hanging around in the playground in a very anti-social manner who claim that its a public playground 'cos all playgrounds are public, my nan says so'.  This escalated yesterday and when we asked (very nicely) for the teenagers to leave the Nan appeared and stated that just because the playground was included in the plans when the estate was created doesn't mean its only for the residents now that its built.

I can't seem to find anything on a google search so thought I'd ask the collective mind on here, so...?

Flugelhorn

Not sure - have similar problem with large green area maintained by the management company and paid for by residents but many local youngsters and dog walkers seem to think it is common land 

user1977

I don't think there are any general principles about such things, and I've never seen signs saying "playground only for use by [x]". It's entirely up to whoever owns/manages the playground, but I assume none ever employ bouncers or other forms of access control...would you be happier if the antisocial teenagers were residents in the relevant development?

If they are being sufficiently antisocial you can of course ask the police to assist.

Flugelhorn

other problem I suppose is that the playgrounds are usually for those aged 12 and under so not teenagers 

mark_cycling00

It might be more complicated than you'd think. But the managing agent will be able to find out abd will have knowledge.

There are new estates along the Thames in London who own the top layer of paving of the Thames path. The estate has to maintain it but it's legally a public footpath. Even in this situation, many estates are able to close the path after dark to reduce antisocial behaviour.

In yours it's more likely you own the park and it's not public. But best to check 

SallyDucati

We have a small park/playground on our estate, but it is definitely for anyone to use and the management company has to organise public liability insurance.

If you dug out the planning application in might clarify.

eddddy

There isn't a 'general rule' about playgrounds. You need to find out the situation about that specific playground on that specific estate.

You could either...

• Ask the freeholder or the management company (whoever you pay the management fee to). They will almost certainly know who is allowed access to that playground . And they would also be the people you should alert about 'trespassers'.

Or

• Check the original planning application and planning approval for the estate. There may be a condition that a playground must be created for the general public to use. Or there may be a condition that a playground must be created which can be exclusively for the residents of the estate.

Edit to add...

Whatever the situation, you could suggest to the management company that they put up signs to clarify. e.g. "Residents use only" or "Children aged 12 or under only" or rules about behaviour etc.

Whilst I'm sure some people will disobey signs, it would give you something to refer to in your future discussions with 'nan'.

GixerKate

Cheers all, the police are involved in this and yes, the playground clearly states its for under 12s.  We have a meeting with the management company tomorrow so will see if we can get a resolution.

The land the playground is on is never going to be adopted by the council, its private land and I don't believe there is anything in the planning info but will check again.  

propertyrental

There must be a document that describes who owns the land, (the residents?) who manages it and who has to pay for the management. That would probably make clear the answer, though it may not.

When you bought your property, did you not have to sign something to agree to pay your share? Dig out your conveyancing documents and have a read to remind yourself (you did read them all at the time yes?)

DullGreyGuy

user1977 said:

I don't think there are any general principles about such things, and I've never seen signs saying "playground only for use by [x]". It's entirely up to whoever owns/manages the playground, but I assume none ever employ bouncers or other forms of access control...would you be happier if the antisocial teenagers were residents in the relevant development?

If they are being sufficiently antisocial you can of course ask the police to assist.

There are and it goes further... was a kick off in the news a few years ago because a new estate had a playground but it was only to be used by those in the regular flats, those who were in the affordable housing units were explicitly told they cannot use the playground. 

Ultimately its private land and so the owner of the land can decide who does and doesnt get to go on it (as long as its not based on a protected characteristic like race or gender).  The difficulty will be enforcing any rules... our local park when I was a kid had a "no ball games" sign on the wall which was often used for target practice with footballs/tennis balls etc

Emmia

Another approach is the gated squares option, which you see in London - these are smallish, enclosed parks with high fences and locked gates - only residents of buildings near to /surrounding the park have the keys for access.