Where open, landscaped amenity space and children’s play areas are proposed for adoption, the agreement of the District or Borough Council Leisure or Parks and Recreation Department is required. These areas should consist of space which provides opportunities for multifunctional activity by people of all ages and a range of physical and mental abilities, while enhancing the appearance of the development. All other ‘soft’ landscaped areas should remain in private ownership.

The Local Authority will adopt public open space, though this may be on the basis of a commuted sum agreed with and paid by the developer. The land will then need to be dedicated or conveyed to the Local Authority for purposes of maintenance. Section 299A of the The Town and Country Planning Act provides further detail around adoption provisions.