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Select Committee on Environment, Transport and Regional Affairs Minutes of Evidence


Memorandum by the National Society of Allotment and Leisure Gardeners Ltd (AL 22) (continued)

APPENDIX

CASE HISTORIES

BIRMINGHAM

  A recent application for consent to dispose of 2.37 acres of allotment land highlighted that the site has an extensive boundary with a recreation ground, the fencing being subject to repeated vandalism. As a result, all the plots on the recreation ground site are vacant.

BLACKPOOL BOROUGH COUNCIL

  The Council are proposing to double the rents to £60.00 per annum without any explanation or justification for such a rise. As the proposed rent is almost three times the National average and 40 per cent higher than the highest in Lancashire the Society does not consider the proposed rent to be "reasonable" as required under the Allotment Acts.

CARDIFF COUNTY BOROUGH COUNCIL

  The Council proposed to set up a "self management scheme", where the allotments holders through their associations would take some of the responsibility for administering their sites.

  The Allotment legislation permits councils to appoint allotment managers, or let allotments to a co-operative formed for the purposes of the promotion of allotments, but in practice this has not been done.

  The National Society is supportive of the principals of self management, but, Officers of the allotments federation, supported by the Council set up a Private Limited Company who then took over the tenancy of all the allotment sites in Cardiff.

  The council now have no control of the allotments (or Limited Company) except under the terms of the tenancy agreement. The Articles of Association of the Company do not allow for the appointment or removal of the Directors, who have sole control of the Company so it cannot be said to be operating as a co-operative.

  Many of the Allotment sites in Cardiff have their own societies, but, the Directors of the Company are refusing to allow the elected officers of one society attend any meetings thereby denying them proper representation.

DEAL, KENT

  The District Council declared this fully occupied site as surplus to requirement and moved all the tenants to other sites. Three years later, the Council applied for consent to dispose as the site was derelict.

  In looking into this further, it transpired that the Council was holding a two year waiting list of potential plot holders despite declaring the site surplus, and were refusing to advise those wanting allotments of the vacancies on this site.

HIGH WYCOMBE, BUCKS

  The Parish Council lease land from a Trust for use as allotments. The Trust have now received Notice from the District Council who wish to purchase the allotment site, compulsorily if necessary, for an access road to a new Park and Ride scheme. If the allotment land is taken away, there will be no other land available for allotment purposes and the Parish Council will no longer be able to fulfil their statutory duty to provide.

KETTERING BOROUGH COUNCIL

  The Borough Council completed a survey of allotment provision in 1987, and highlighted 17 acres of allotments as being suitable for development, despite only 7 acres being vacant.

  In referring to the vacancies, the Council stated that there were identifiable reasons for them including low maintenance priorities, and loss of land for the A.14 (A1-M1 link road).

LLANHARAN ALLOTMENTS WALES

  The Parish Council rent allotment land from a private landowner who subsequently sold the land to a developer who has applied for planning consent.

  The Land is designated in the local plan for allotment purposes, as there is no other land available in the vicinity for allotment use.

  The District Council applied for Compulsory Purchase powers and this was subsequently granted.

  Upon the issuing of a Notice to Treat, the Developer applied to the District Council Planners for a certificate for alternative development on the basis of a hypothetical situation, with which the Planners have had to agree.

  Despite the C.P. Order, the land is now valued at £160,000 for two acres, and the Parish Council are left with a statutory obligation to provide, but no means to do so.

NOTTINGHAM CITY COUNCIL

  Nottingham City Council provided a number of allotments sites, but they are all of a temporary nature.

Although the Council at the present time have a good record with regard to their allotment provision, there is none the less, no ministerial protection from disposal.

RECTORY ROAD ALLOTMENTS

  The Council wish to dispose of this statutory allotment site, and applied to the Secretary of State for his consent to disposal, offering to relocate the displaced allotment holders on non statutory Town Moor. Consent was granted.

  Our members objected and the matter went to the High Court for Judicial Review, but the Court and Court of Appeal agreed with the Secretary of State that to all intents and purposes the Tenants were not at any disadvantage.

  The result of this case means that a statutory allotment site has been lost, and the replacement site can be taken away at any time without requiring consent under the Acts.

  Two other Town Moor sites have already been lost within the past 2 years.

TRAP GROUNDS ALLOTMENTS, OXFORD

  The site is on reclaimed land once used as a Victorian rubbish tip. Over a period of several months bottle diggers invaded the site and proceeded to dig craters across the site looking for victorian artifacts, but destroying crops in their search.

  The culprits were apprehended in the act by the Police, but the Crown Prosecution Service refused to take any action as they felt they had insufficient evidence to support an action for criminal damage.

WYRE BOROUGH COUNCIL

  The Council have transferred two of its statutory allotment sites to a housing association without the consent of the Secretary of State to its disposal. The Housing Association now wish to build on part of the allotment site, and as they are not an allotment authority are not required to seek consent.

  The Society had approached the Department of Environment for help and guidance, but have been advised that the Department are unable to assist as it is up to the Council to decide whether it needs consent.

  Wyre Borough Council are now attempting to take the land back, but after over one year they have not done so. The Department of Environment have stated that it may be necessary to obtain the Secretary of State's consent to do this.

  In the meantime, the housing association are proposing to double the rents.

  

January 1998


 
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Prepared 3 April 1998