4. THE EFFECTIVENESS OF STATUTORY PROTECTION OF ALLOTMENT SITES

  4.1 From the plotholder's point of view a recent Judicial Appeal and Court of Appeal judgments have demolished the long held belief that the 1908 Act,—Duty to Provide and Power to Dispose was linked to section 8 of the 1925 Act, has now been clarified upsetting current thinking by the Department of the Environment, Local Councils and Allotment Associations. Consequently perceived protection has been weakened.

  4.2 The current legislation is:

(a)   scattered over a number of Acts;

(b)   mixed up with small holdings;

(c)   much of it either repealed or out of date.

  The Law Reform Commission some five years ago started work on a Consolidation Act but this was abandoned because of the complexity and irrelevance of some provisions.

  The central plank of all allotment legislation "the duty to provide" has no sanction.

  4.3 Allotment holders are essentially gardeners and their societies a corporate extension of gardening providing such services as seeds, fertilisers, tools through distribution huts, shows, and educational activities.

  When faced with rationalisation or closure of their site they do not have the financial resources or the legal, statutory and planning expertise to defend themselves nor any entitlement to know that threatening processes are in hand between the Council and the Department of the Environment both of whom are well equipped with time, money, legal and specialist expertise to work through the complexities involved.

  4.4 The 1984 Private Members "Gardening Bill" introduced by Lord Wallace that sought to clarify, simplify and update the legislation was defeated and it is understood that in the view of the then government specific recreational interests are not suitable for legislation.

  4.5 If further legislation fails an option being pursued by Tom Hume of London Recreational Gardeners Association at the time of his death was to have two codes of practice agreed. One with and for the Department of Environment responsibilities and the other with Local Councils' Associations for Local Authorities the latter to be positive and promote best practices.

  Some of the important issues possible in the codes are set out in Appendix 1, not separated between Department of Environment and Local Authorities, nor set out in any priority order.

5. THE ROLES AND RESPONSIBILITIES OF DETR, LOCAL AUTHORITIES AND OTHER BODIES CONCERNED WITH THE PROMOTION, ALLOCATION AND MAINTENANCE OF ALLOTMENT LAND

5.1 Department of the Environment, Transport and the Regions

  The roles and responsibilities of DETR in relation to allotments is not well known or documented, with the exception of the Rural Affairs section which deals with applications by local Councils for Section 8 (1925 Act) approval to dispose or create and alternative use for statutory land.

  However other responsibilities such as town and country planning guidance papers and contaminated land do impinge on allotments and some clearer information on these and other relevant responsibilities from an allotment standpoint would be welcomed and allow interested allotment societies to consult and where appropriate respond to consultative papers.

  The process of Section 8 application is of great concern to allotment interests. There has been in place an informal system whereby the National Society receive copies of Section 8 applications which are then sent to regions for appropriate action. In many cases this is the first indication local allotment holders have that disposal or alternative use is proposed. Further comments on this will be included in the Local Authority section. The great limitation of Section 8 provisions is that it applies only to statutory land and does not affect temporary or private landlord provision which make up part of the Council's duty to provide.

  Officers in the DETR with knowledge and responsibilities have in our experience always been helpful in offering useful impartial advice on allotment procedures and planning issues.

5.2 Local Authorities

  5.2.1 Within the South East allotments are in the main provided by District and Borough Councils with a smaller but significant number provided by Town and Parish Councils who in some cases act as trustees for gifts of land for allotment uses. Some District Councils fully parished leave the provision to parishes. A small number are provided by charities, public utilities (water/rail) and private estates.

  5.2.2 The variations between authorities in the quality and standard of provision is large and the best are very good. Some have undertaken reviews of the need and use within their area and an important feature of one major review in Bexley was the tenants questionnaire to find out what they thought of the service, what changes might help and what improvements were desirable.

5.2.3 Provision

  We are not aware of any under provision and in cases where some rationalisation is appropriate, co-operation has been the response by allotment holders often in return for better facilities. Some brief details about activity in provision are set out below.

  There have been three new sites opened in the last five years, including one in Surrey and one in Kent to replace sites contaminated by toxic substances.

  Runnymede disposed of an allotment site in order to fund a package which enabled the acquisition of a large parcel of new land for use as recreational space and a new allotment site, which was designed in consultation with the old site society and now up and running as a self managed site. Relationships were tense during the silence and the confidentiality required during the land negotiations but once these were settled, full and open consultation was resumed.

  In Burwash, East Sussex, the County Council wish to sell a piece of land used as an allotment site for 40 years having declared it surplus to requirements for a new Primary School. Plot holders have registered a written request to the Parish who are inclined to wait and see. Planning applications for housing development have been referred back three times and are still at the time of writing, unresolved. Plot holders formed a society but so far have found the task of obtaining an alternative site daunting and disheartening. The site is large enough for part housing and part allotments because substantial areas are uncultivated—progressing.

  The South East Region Committee values the informal notification of Section 8 application as it's only way to know what is happening. In 1996 due to reorganisation and staff changes some eight to 10 notifications from eight District Councils were missed with a loss of 20 acres (320 10 rod plots) without any opportunity for the region to comment. A more official established procedure would help.

Maintenance

  Normal maintenance of fences, roads, toilets, in site common areas and vacant allotments poses substantial problems of cost and consequently in many areas there has been minimal expenditure over a number of years.

  High levels of vandalism increases the costs of maintenance and also the number of vacant plots as allotment holders become discouraged. Some sites are looking at "Plot Watch" schemes in consultation with Police forces but development is restricted through lack of funding.

  Many Councils are giving priority to different forms of delegated or self management whereby part or all of the rent is retained by societies who on a voluntary basis carry out some or all of the following; on going maintenance (but not replacement) of fences, water infrastructure, vacancy letting, cultivation control and rent collection.

Role of Other Bodies

  Most of the other bodies often linked to allotments, e.g., Royal Horticultural Society, Henry Doubleday Research Association, tend to relate to cultivation issues and do not concern themselves with provision, maintenance, or dispute matters.

  The National Society of Allotment Gardeners while active in a number of ways has not yet established itself as an authoritative "voice for allotment gardening" and the range of help and advice is limited by the expertise available, the geographical spread of its members and funding.

  Media (and the specialist gardening press) representation of non cultivation allotment matters are treated as new items.

  Throughout the country there are many local Councils who have been highly successful in reducing costs through controlled self or delegated management by societies, have improved facilities and have a high letting level. Research and publication of case studies aimed at successful and best practice would substantially assist many Local Authorities develop allotment sites.

  The Central Council of Physical Recreation does not consider allotment gardening as a recreation and this has prevented active allotment societies from receiving various funding available to other recreational interested.

European Dimension

  It is ironical that the area of allotment legislation so prominent in England during the late 19th and early 20th century should now be reduced to a small handful of unrelated provisions at a time when Germany and Luxemburg are in the process of enacting appropriate legislative backing for allotment and leisure gardens.