4. THE EFFICIENT USE OF ALLOTMENT LAND

  If allotment land is to be efficiently used it needs to be fully occupied.

  For this to happen, allotment tenants need better security of tenure and protection under the Acts. At present, tenants of private, temporary and statutory sites alike are limited to just 12 months notice to quit. Allotment tenants are reluctant to spend on improvements when their plot can be taken away at such short notice.

  All too often, tenants are under a constant threat from development, and this in itself leads to vacant plots and dereliction.

  We also believe the current definition of an allotment garden under the 1922 Allotments Act (dating from the 1980s) is too restrictive, and needs to be widened to include all forms of gardening other than by way of trade or business.

  Allotments provide a sustainable use of land, an ecological oasis, and often a green lung in an otherwise urban sprawl.

5. THE EFFECTIVENESS OF STATUTORY PROTECTION FOR ALLOTMENT SITES

  The allotment legislation having originally been set up for the provision and protection of allotments has been so watered down over recent years by amending legislation or other, seemingly unrelated, legislation that it is now difficult, if not impossible, to work to.

  Legislation has been enacted specifically relating to allotments, but some councils are now referring to other Acts of Parliament as their authority, i.e., Local Government and Housing Acts, Compulsory Purchase Acts, etc.

  The Society's recommended amendments to legislation are included in Appendix 7 but in particular, a Council's ability to dispose of statutory allotment land only where it is superfluous or unsuitable is no longer applicable due to the High Court decision in The Queen v Secretary of State for the Environment - ex parte - Gosforth Allotments and Gardens Association Limited.

  The Small Holdings and Allotments Act 1908 S 32 requires the proceeds of sale of statutory allotment land to be used initially for allotment purposes, but the Local Government and Housing Act now restricts the useable part to just 50 per cent. As the Council will be required under The Allotments Act 1925 to make alternative provision for displaced plot holders this limitation on expenditure could make it impossible for a council to carry out this statutory obligation.

  See case histories, Cardiff County Council and Wyre Borough Council.

  See Appendix 7 Proposed new legislation recommendations.¹

  The current Allotment Acts are not working as originally intended, but the only way to prove this is through the courts which is costly. This is however counter productive and would utilise funds which would otherwise be better used on allotment provision.

6. THE ROLES AND RESPONSIBILITIES OF DETR, LOCAL AUTHORITIES AND OTHER BODIES

  The Society has always had a good working relationship with the DETR, but the statutory responsibilities of the Department have diminished over the years. The sole responsibility now is to oversee Section 8 applications seeking to dispose of Statutory Allotment land.

  The Department advise that they are not able to give any interpretation of allotment legislation or definition as to its meaning, and we are now left with having to obtain expensive legal opinion.

  Local authorities are the main providers, but while there are some excellent allotment minded councils, others pay scant attention to their statutory obligations. This we believe is partly caused by the lack of direction in the Allotment Acts, and allotment provision requires a set of standards by which local authorities may compare their own provision.

  Planners, developers and local authorities pay too little attention to the needs of allotment gardeners when they consider new housing developments. While such plans always include provision for parking, schools, health care, shops, recreational/allotment space is often ignored.

  Allotment gardens are all too often seen for their monitory value only while the needs of the allotment gardeners are ignored.

  See case histories Blackpool Borough Council, Cardiff City Council, Wyre Borough Council

  In 1969, the Departmental Committee of Inquiry into Allotments (Thorpe Report) submitted their report to Parliament, but none of these recommendations were incorporated into legislation. A summary of the recommendations is included in appendix 8.[1]

  The National Society needs to be in a position to discuss allotment matters with representatives of Parliament to resolve problems which arise in interpretation of allotment legislation.

  The Society, in asking for improved legislation, see the need for local authorities and the Society to adopt a minimum standard for allotment provision and facilities, by which all allotment provision and administration could be measured. Once agreed, and approved by the local authority representative bodies this could be incorporated into the legislation.