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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