ALLOTMENTS GUIDANCE – AN OVERVIEW
WHAT HAPPENS IF THE LOCAL AUTHORITY WANTS TO DISPOSE OF ALLOTMENT LAND?
It depends if the allotment is statutory or temporary.
If an authority wishes to sell a statutory allotment site it must have the consent of the Secretary of State for Communities and Local Government.
The Secretary of State will first want to be satisfied of certain conditions as follows:
- The allotment is either not necessary and is surplus to requirements
- The council will give displaced plotholders adequate alternative sites, unless this is not necessary or is not practicable
- The council has taken the number of people on the waiting list into account; and
- The council has actively promoted and publicised the availability of allotment sites and has consulted the NSALG
Government guidance also requires allotment authorities to consult with plot holders before they apply for disposal consent. If the application goes ahead, it will be dealt with by the National Planning Casework Unit. Local authorities have been advised of the criteria for assessment in a letter to Chief Executives dated 27 February 2002 – see Annex A for details.
If the application is successful, and allotment holders are displaced, the allotment authority is expected to provide one or more suitable alternative sites which should not normally be more than three-quarters of a mile from the centre of demand. They must be suitable for spade cultivation.
If an allotment authority ends a tenancy, the plot holder is entitled to compensation for:
- Crops growing on the land in the ordinary course of cultivation
- Manure applied to the land; and
- Up to one year’s rent
The Secretary of State’s consent is not required for the disposal of non-statutory allotment sites, but the allotment authority will usually be required to give plot holders 12 months notice to quit before the land can be used for any other purpose.
Guidance on Allotment Policy and Casework
introduction
The Government is committed to ensuring adequate protection is afforded to allotments.
Section 8 of the Allotments Act 1925 requires that statutory allotment land can only be disposed of with the Secretary of State’s consent, which will only be given subject to certain criteria being met. Planning Policy Guidance Note 17: Sport, Open Space and Recreation clarifies this criteria against which applications for consent to dispose of statutory allotments are to be determined.
Statutory allotments are parcels of land acquired or appropriated by the Local Authority specifically for use as allotments. These sites cannot be sold or used for other purposes without the consent of the Secretary of State for Communities and Local Government.
Non-statutory or temporary allotments are on land which is allocated for other uses but leased or rented by an allotments authority. Non-statutory allotments are not protected from disposal in the same way that statutory allotments are although local authorities would usually give plot holders 12 months’ notice before the land can be used for any other purpose. Privately owned allotments are also not protected by the Act.
With effect from 1 April 2008 GOWM took on responsibility for handling all applications to the Secretary of State for disposals of statutory allotment land, as part of its National Planning Casework remit.
Government Control over the Disposal of Allotment Land.
General
The original legislation gave the relevant Minister extensive controls over allotment authorities, but the Local Government Planning and Land Act 1980 removed most central Government controls over their activities. Section 32 of the Small Holdings and Allotment Act 1908 provides that when an allotment authority is of the opinion that any land acquired by them for allotments is no longer needed for that purpose, or that some more suitable land is available, they may sell or let the land, or exchange it for other land more suitable for allotments.
The main remaining central Government control is section 8 of the Allotments Act 1925. This requires that local authorities seek the Secretary of State’s consent if they propose to sell, appropriate, use or dispose of the land for any purpose other than as allotments, land which was originally purchased or appropriated for use as allotments. Such land is known as statutory allotment land and legislation states that consent for disposal may not be given unless the Secretary of State is satisfied that either adequate provision will be made for displaced plot holders, or that such provision is not necessary or is impracticable. Temporary allotment sites are those which are situated on land which is rented or owned by an allotment authority but ultimately destined for some other use and these are not protected from disposal in the same way that statutory allotments are.
Section 8 confers a general discretion in dealing with applications for the disposal of statutory allotment land which enables matters other than demand and the provision for displaced plot holders to be taken into account. It is our general line that Councils should determine the best use of their land, but there may be instances where there is a particular reason why a site should retain its statutory allotment status.
Criteria for Granting Consent
The Secretary of State's consent will only be given if he is satisfied that:
- the allotment in question is not necessary and is surplus to requirement;
- adequate provision will be made for displaced plot holders, or that such provision is not necessary or is impracticable;
- the number of people on the waiting list has been effectively taken into account;
- the authority has actively promoted and publicised the availability of allotment sites and has consulted the National Society of Allotment and Leisure Gardeners; and
- the implications of disposal for other relevant policies, in particular development plan policies, have been taken into account.
These provisions are intended to provide a safeguard against the erosion of allotment sites through pressure on local authorities to provide land for other purposes. Local authorities have been informed of the revised criteria and what is expected before consent for disposal of allotment sites will be give.
Replacement Sites.
If allotment holders are displaced by a disposal, the allotment authority is expected to provide a suitable alternative site or sites. To be regarded as suitable, the new sites should meet the following requirements:
a.They should be suitable for spade cultivation. If there is any doubt, a commercial agricultural consultant should be asked to advise on this point. If it is suggested that works such as the provision of a water supply, drainage, fencing etc be undertaken, the local authority may, if all other points are resolved, be promised consent subject to the completion of the works. The formal consent would only be issued on the receipt of confirmation that the works had been completed.
- The proposed alternative land should not normally be more than 3/4 of a mile from the centre of demand (i.e. the homes of displaced plot holders), although this distance may be increased if the allotment holders are willing to travel further. In the case of an unresolved dispute, it may be necessary to ask the local authority to provide a map showing the distance allotment holders will have to travel.
Land leased for short periods (less than 21 years) should not, in the absence of special circumstances, be accepted as suitable alternative land because the lease would not provide the allotment holders with adequate security of tenure.
Demand for Allotments and Publicity
The number of people on a waiting list is one of the factors taken into account before granting consent for disposal. Ministers have been concerned that it is possible that demand may not exist because local people are unaware that allotments are available. In some cases it has even been suggested that the authority has actively created the impression that allotments are not available because the land is to be disposed of. Therefore, Ministers announced in March 1998 that, for those applications where the local authority's case for disposal rests substantially on an argument that there is no demand (or that the demand can be met elsewhere), the authority should provide information about the steps they have taken to publicise the availability of allotments in their area.
Sale Proceeds
Section 32(2) of the Small Holdings and Allotments Act 1908 requires an authority selling statutory allotment land to apply the proceeds to meet any liabilities associated with allotment land or to acquire, adapt or improve other land for allotments. Any surplus can be used for any other purpose for which capital money may be used, and we consider that this decision should continue to be taken at a local level. Anyone concerned about sale proceeds is advised to contact the authority concerned. The Secretary of State has no jurisdiction to investigate. In some cases, the District Auditor may be able to investigate.
Easements
The Secretary of State’s consent for an easement on/over statutory allotment land is not required if the use of the land for allotments is unaffected. Section 8 of the Allotments Act 1925 requires that local authorities seek the Secretary of State’s consent if they propose to sell, appropriate, use or dispose of the land for any purpose other than as allotments. Easements are most frequently required to lay services such a drainage gas, electricity or water underground though ducting or piping and the ownership of the land and use would remain the same as before. If use of the land for allotments will not be affected and no allotment holders will be displaced, consent is not required.
Orchards
Orchards are not covered by the Allotments Act 1925 but a council would require consent to appropriate statutory allotment land to orchard use.
Annex A
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