In recent decades there have been ongoing discussions regarding the planning of play areas – But all of the resultant developments neglected to address one particular aspect of play area planning for a long time: The correct assessment of play areas in development plans. Admittedly it is a dull topic, but it becomes exciting soon enough when residents start complaining. Then it becomes clear whether open spaces can actually be kept efficient and sustainable.
The focus is on the following open space categories: Playgrounds, schoolyards and football fields.
1.) Legal Provisions
Legal provisions can be found in Building and Emission Control Legislation.
The Noise Pollution Control Legislation is easy to grasp: The goal of guidelines pertaining to the Emission Control is to consider issues faced by users. Children’s noise created by children playing outdoors is subject to particular scrutiny, for instance, in play areas or on football pitches. Areas like these were created specifically for this purpose so that children can play undisturbed. If this is done the resultant noise is not viewed as noise pollution and the noise has to be tolerated by residents. This applies to all outdoor areas which are authorised for children’s activities, even for school playgrounds. With the correct permit, these may also be used for play activities outside school hours.
The Tenth law to amend the Federal Emission Legislation (Federal Law Gazette I p. 1474) came into force on 28/7/2011. The prevailing noise protection law was further developed with the legislation. The new § 22 Para. 1a of the Federal Emission Control Law states: “Noise created by children in day-care nurseries, children’s playgrounds and similar facilities such as, for instance, ball games pitches, is ‒ as a rule ‒ not harmful to the environment.”
Just because children have to develop freely ‒ even if this is linked to a level of background noise ‒ doesn’t necessarily mean that neighbours have to tolerate just any kind of noise from children. Inconsiderate behaviour isn’t considered the usual noise you would hear from children. What this means exactly will be explained in further detail.
The building legislation guidelines look more complicated: The building planning stage is THE most comprehensive planning stage where all issues should be addressed and reconciled. Play areas are ONE of many issues – but they are there, like others, to provide services for the public, namely in order to provide space for personalities to grow and develop. Green areas are, unfortunately, still deemed to be economically unviable and their lobby representatives ‒ the former green spaces departments ‒ were disbanded in many places. The local authorities themselves agree on the importance of the different issues involved. And open spaces are gradually being reduced while more and more building site applications are being accepted and approved. It is, therefore, just as important to establish open spaces correctly in the building planning stage before complaints and issues come about and, in the event of a serious issue, can even be given a usage ban.
For each leisure category the following topic areas always need to be clarified: The position in the space, the agreement in the land development planning stage, the emissions legislation and the duty to obtain a permit.
For all categories of open spaces, it is necessary that the positioning of the space ‒ within a building area ‒ is thought through and tested to prove that there is no alternative location available. If there is no statement in the written explanation for the B-Plan, this constitutes a lack of consideration and is subject to appeal within the framework of legislative procedures.
a.) Playgrounds
The planning design order has designated a “play bucket” to demarcate the area assigned for development. The basic assessment for this is that of public green areas in accordance with § 9 (1) 15; the respective parcel of land is clearly demarcated and the bucket is in a black box. Thus, the land retains its purpose as a playground.
Each neighbour can then see the distance from his house to a playground. The playground has legal safety as a result.
If you allow individuals to play in a green area without providing a playground it is sufficient to carry out this exact purpose in the public green area without any boundary or a box around the bucket. This is legally sound, but can lead to complaints and requests for the play equipment to be moved as there are insufficient regulations. It is preferable to define a larger area within the green area using the “chalk line” in order to make the project planning clear. As a result, the area is bestowed with the legal characteristics of a playground.
In respect to the Noise Pollution Legislation a playground not only has to be situated at the right location in the building area, but the equipment therein also has to be measured for its noise. A good planner does this automatically: No one would put a ropeway right next to inhabitants’ patios as the loud slamming noise would always lead to anger. Even if it seems obvious that only sound-proof equipment should be used – the location must also be considered carefully.
In addition, you must bear in mind that some equipment invites misuse; so it is particularly interesting for children to have the chance to roll stones through the tube slides. This means that the planner has to exploit all avenues of noise reduction because misuse isn’t covered by the emission control legislative in relation to children’s noise.
Even if this is all observed, there is still a pitfall in the planning of children’s playgrounds: In some Federal States they are subject to building regulations. The extent of the permit requirement varies; the equipment in approved playgrounds, however, may not require a permit. Otherwise, they are also structural facilities and are possibly subject to planning permission.
b.) School yards
Planning law assessment: With respect to schoolyards it isn’t all about green areas, because a large part of it is dependent on the intended use; rather, it concerns “areas for communal use” in accordance with § 9 Para. 1 No. 5 German Building Code. With the intended purpose as a “schoolyard”, permission would be granted for usage in the morning – as intended – and is to be tolerated by neighbours. This does not, however, apply to usage in the afternoons and evenings; i.e. the simultaneous leisure use of the areas. Despite the reduced opportunities for children and teenagers to play, this would still result in the meeting and playing after lessons possibly being prohibited.
Therefore, it is also recommended to carry out the assessment of the schoolyard as a play area (“bucket”) in order to ensure legal compliance. Otherwise inhabitants do not have to put up with the afternoon noise made by children and can take action due to the error made.
It is a fact that the intended use of school yards involves use in the morning and at midday (break times). However, this means that inhabitants – in view of the noise – can expect peace and quiet later in the afternoons and in the evening hours and also in the holidays. Of course, according to § 22 Federal Emission Control, all measures must be taken in order to avoid negative influences. Classic examples of this are rattling gates or fences, where noise must be reduced using construction measures. The same applies in that schools are only allowed to be constructed and run on the correct areas which are carefully considered and have been evaluated against other available sites; certainly, their location being next to residential areas is particularly essential for primary schools.
If afternoon or evening usage on the areas is permitted, this should be identified as a playground in the construction plan. The subsequent management is then undertaken as per children’s playgrounds. Generally speaking, when the schoolyard is only identified as such and not as an additional play area, it can still be used as a children’s playground.
c.) Football Pitches
Basically, in the construction planning assessment of football pitches, the central planning principle of the comprehensive problem-solving must be observed to offset public and private issues (on the one hand, consideration of the issues relating to sport/leisure/youth development and, on the other hand, tranquillity/atmosphere in residential areas). For this reason it is important to know if the “ball games space” is to be officially classed as a football pitch, sports grounds or as a ball games area of a playground. And this is definitely problematic to categorise.
Provided there is ample room in the available play space, ball play areas are always a welcome inclusion in the planning stage. A casual “kick-about” on this kind of ball games area is recognised as a fundamental component of a dedicated “playground”, in particular providing the fact that users are children up to the age of 14. Children’s noise pollution is recognised as being within the legal framework permissible in a children’s playground. They are no longer considered as noise as per the current legal situation.
The legal situation is quite different if an area such as this is used by teenagers and young adults for the purposes of play and sport (Administrative Court of Karlsruhe; resolution of 21/08/2008, 6 K 1563/06, cf. Judgment Higher Administrative Court North Rhine-Westphalia of 6 March 2006 – 7 A 4591/04), if solid gates are installed, based on solid ground, and dimensions are made available, taking into account older teenagers’ urges to exercise. A fence is not part of the criteria.
If a ball games area has the purpose of being more of a play and sports activity area for teenagers and young adults, it is no longer considered a playground and is to be either recognised by the leisure noise directive of the respective States or the Sports Facilities Noise Regulations and is subject to the respective provisions (Emission Guide Values).
In order to avoid greater problems, the distance between the football pitch and the respective neighbouring property should be kept as great as possible. In addition, sound-insulated ball-catching fences are to be used and the usage hours are to be reduced to a reasonable level – e.g. pursuant to the provisions of the German noise pollution prevention regulation. This prevents many (legal) disputes in the preliminary stage.
In order to be able to differentiate between a football pitch and a sports pitch, the former must be considerably smaller than a football pitch: Standard dimensions of 68 m x 105 m, min. 40 m x 90 m. The DIN 18034 (old version) is set out in point 5.3.2 being approx. 20 m x 40 m. If the company wants to avoid a football pitch being considered sports facilities, it has to be (considerably) smaller than a small playing field (20 m x 40 m).
With the construction of a football pitch, you also have to consider that ‒ as experience has shown ‒ the larger the football pitch, the older the users are.
Conclusion
The legally correct planning and assessment of play areas isn’t rocket science, but it needs to be prudently considered. Only then can you rely on the long-term maintenance of areas in order to give them the appeal factor.
Children and youngsters rushing here and there, screams of pleasure, high spirits and laughter ‒ as soon as a trampoline park opens its gates, it takes no time at all until the visitors arrive.
Fall protection surfaces vary in terms of cost, minimum installation thickness and cleaning and care requirements. It should be noted that the most important property of these surfaces is the safety-related shock absorption. This is the surface's ability to reduce the impact energy that occurs when a child falls from a piece of play equipment. It prevents a critical, even life-threatening, injury.
