Challenges facing green space: is statute the answer?

Abstract

PurposeAgainst a backdrop of austerity, characterised by public-sector funding cuts and a devolutionary agenda, this paper aims to explore how legislation might address two inter-related challenges which public urban green space (“greenspace) faces in England and Wales, namely, responsibility for provision and identification of supporting funds. It focuses on two proposals: first, the introduction of legislative powers to enable local authorities to create user-charging schemes, and second, the imposition of a local authority statutory duty to provide greenspace.Design/methodology/approachAdopting a traditional doctrinal approach, this exploratory study provides a synthesis and analysis of statutory materials.FindingsWhile the study considers debates around user-charging schemes, it suggests that the imposition of a statutory duty to provide greenspace would provide a more equitable and effective solution.Research limitations/implicationsThis paper calls for further research to establish the detail of such a statutory duty and how it might operate in practice.Practical implicationsThere is an appetite amongst local authority stakeholders in England and Wales for such a statutory duty to better enable them to access the requisite underpinning funding.Social implicationsImposing a statutory duty would help in protecting the well-established social, economic and environmental benefits associated with greenspace.Originality/valueThis multi-disciplinary research considers the inter-relationship between two key greenspace challenges: responsibility for provision and funding. It identifies and evaluates a potential model for imposing a greenspace statutory duty, which could address some of these issues.