THE LEGAL
FRAMEWORK FOR
ALLOTMENT PROVISION
General
The allotments legislation has a long history, some of which
originates from the Nineteenth Century Inclosure Awards.[1]
The present legislative provisions are contained in the Small
Holdings and Allotment Acts 1908 and the Allotments Acts 1922-1950.
These place an obligation on allotment authorities to meet the
demands of local residents wishing to cultivate allotments and
to make provision for the acquisition, management and control
of allotment sites. An allotment authority is the district council,
Outer London Borough, or where there is a parish council (or meeting)
that council (or meeting). These will be referred to as "allotment
authorities" in this document.
Definitions
The term "allotment" is defined in the Allotments
Act 1925 as "an allotment garden, or any parcel of land not
more than five acres in extent cultivated or intended to be cultivated
as a garden farm, or partly as a garden farm and partly as a farm."
An "allotment garden" is defined in the Allotments Act
1922 as an allotment not exceeding 40 poles (or 1,000 square metres)
which is wholly or mainly cultivated by the occupier for the production
of fruit or vegetables for consumption by himself and his family,
and this definition is common to all the statutes in which the
term occurs. An "allotment garden" is what people commonly
mean by the term allotment, that is a plot let out to an individual
within a larger allotment field. Local authorities' duties and
powers now in general only extend to allotment gardens.
"Fuel or field garden allotments" were appropriated
for the use of the poor and are now mostly held and administered
by allotment authorities, although some remain under the control
of trustees. The rules under which they are let are governed by
the Inclosure Acts and the Commons Act 1876 and provide that plots
within such allotments are to be let to those who are less well
off. Their compulsory acquisition can require the consent of Parliament
if equivalent land is not given in exchange and all disposals
require the consent of the Secretary of State. Disposals for use
other than allotments are only permitted if suitable replacement
land is available. Fuel and field garden allotments will not be
considered further in this memorandum.
"Statutory" allotment land is land of which the
freehold or very long lease is vested in the allotments authority,
and which was either originally purchased for allotments or subsequently
appropriated for allotment use. "Temporary" allotment
land is rented by an allotments authority or owned by the authority
but ultimately destined for some other use. In such cases the
allotment authority and holder agree the terms of the tenancy
for the letting of individual allotment gardens, taking into account
the terms of the letting of the land to the authority and all
other relevant factors. Privately owned land can also be let for
use as allotments, and such land is free from any control by local
authorities under the powers conferred by the Allotments Acts
1908 to 1950.
Local Authorities' Duties to provide allotments
Where an allotments authority is of the opinion that there
is a demand for allotments in its area, section 23 of the Small
Holdings and Allotments Act 1908 puts the authority under a duty
to provide a sufficient number of allotments and to let them to
persons residing in its area who want them. Representations may
be made to the local authority on the need for allotments by any
six resident registered electors. Inner London Boroughs have a
discretionary power to provide allotments under section 55(4)
of the London Government Act 1963.
The allotments legislation does not lay down minimum standards
or a required nature or extent of allotment garden provision.
The Government has considered it appropriate that each local authority
should decide for itself what proportion of its resources to devote
to these purposes. Allotment authorities have room to exercise
discretion about the level of provision of allotment gardens and
facilities on site.
Acquisition of Land
Section 25 of the 1908 Act empowers allotment authorities
to acquire land by agreement or compulsorily or to lease land
for the purpose of providing allotments. The Secretary of State
is the confirming authority for compulsory purchase orders. Where
the council proposing to acquire land compulsorily is a parish
council, it must ask the district council to exercise compulsory
powers on their behalf.
Land acquired for some other long-term purpose may be used
temporarily for allotments. Such sites are not protected by allotments
legislation, but the allotment authority would need to come to
an agreement with the tenants, taking into account the proposed
use of the land and all relevant factors, and will usually be
required to give 12 months notice to quit before the land could
be used for another purpose. Where the land is required for building,
mining or any other industrial purpose, or for roads or sewers
in connection with these purposes, only three months notice is
required in accordance with the Allotments Act 1922.
Letting and management
A local authority may make rules as to the letting of allotments
and the conditions under which they are cultivated. Since the
amendment of section 28 of the 1908 Act by the Local Government
Planning and Land Act 1980, such rules no longer require the approval
of the Secretary of State. Section 10 of the Allotments Act 1950
requires that an allotment must be let at a rent which a tenant
may reasonably be expected to pay, but the local authority may
let the land at a lower rent if they are satisfied that special
circumstances exist. Most local authorities give a 50 per cent
discount to pensioners and the unemployed.
The National Society of Allotment and Leisure Gardeners (NSALG),
is the main body of the allotment movement in England and Wales.
From 1994-95 to 1996-97 the Department of the Environment part-funded
a National Allotment Survey, which was carried out in conjunction
with the NSALG. The NSALG study found the average rent for a ten
rod allotment plot in England to be £22 per annum, but with
great variation across the country.
The former statutory obligation on allotment authorities
to appoint allotments committees has been repealed— authorities
now determine their own internal management arrangements.
Termination
Provision will usually be made in tenancy agreements for
determination of the tenancy by either party. So far as a notice
to quit served on behalf of the Council is concerned, section
1 of the 1922 Act provides that an allotment garden tenancy may
be determined by the landlord by notice to quit only if at least
12 months' notice is given, expiring on or before 6 April or on
or after 29 September in any year.
Compensation on termination
Section 2 of the 1922 Act provides that where a landlord
terminates a tenancy of an allotment garden, the tenant is entitled
to compensation for crops growing on the land in the ordinary
course of cultivation and for manure applied to the land. In addition,
by virtue of section 3 of the 1950 Act, compensation of up to
one year's rent is also payable. Tenants of allotments other than
allotment gardens are eligible for compensation under section
47 of the 1908 Act when their landlord is an allotment authority
whether the tenancy was terminated by the landlord or the tenant.
Provided the landlord did not prohibit the improvement, compensation
is payable for the planting of certain fruit trees and bushes,
various plants and also vegetable crops which continue to be productive
for two or more years. Instead of claiming under section 47 of
the 1908 Act, tenants may claim compensation under section 2 of
the 1922 Act. They may also remove any fruit, trees and bushes
planted or acquired by them for which they have no claim for compensation.
Any toolhouse, shed, greenhouse, fowl-house or pigsty built or
acquired by the tenant may also be removed.
Whilst tenants of allotment gardens are not entitled to compensation
under section 47 of the 1908 Act, similar rights could be incorporated
into the tenancy agreement.
Allotment Societies and Associations
Instead of letting and managing themselves, some allotment
authorities lease allotment sites to local societies or associations
under devolved management agreements. In such cases the local
society or association is then responsible for letting the plots,
collecting the rent, site maintenance and day to day administration,
so the allotment authority's administrative responsibilities are
minimal. This can have considerable advantages for allotment authorities,
but the membership of the local society can change quickly, and
the legal responsibilities of a lease may be best shouldered by
a permanent and responsible body.
Finance
Local authorities are empowered by section 53(4) of the 1908
Act to borrow money for the purpose of acquiring, improving and
adapting land for allotments. The amounts a district council can
borrow for these purposes and the means by which they can borrow
are regulated in the same way as borrowing for any other purposes,
and the same can be said for parish councils, although their borrowing
is subject to different statutory controls.
A district or parish council are empowered by section 32(1)
of the 1908 Act to sell or exchange land no longer needed for
allotments (see below). Section 32(2) requires a council making
such a disposal to apply to proceeds to meet any debts or liabilities
associated with allotment land, or to acquire, adapt or improve
other land for allotments, and, if there is a surplus, allows
them to use it for any other purposes for which capital money
may be used.
The statutory requirements that allotment authorities keep
separate allotment accounts and that revenue receipts in such
accounts should only be used for allotment purposes were removed
in the 1980 Act. Revenue income and expenditure is therefore treated
in the same way as other revenue. While information on capital
spending on allotments is not collected by the Department, a record
is kept of revenue spending by District and Borough Councils.
In 1996-97 total expenditure was £8.44 million, total income
£2.61 million, and net current expenditure £5.84 million.
Information on expenditure by Parish Councils is not held by the
Department.
Government Controls over the Disposal and Appropriation of
Allotment Land.
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 1908 Act provides that
where an allotment authority are of the opinion that any land
acquired by them for allotments is not needed for the purpose
of allotments, 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, which provides that the Secretary
of State must consent to the disposal of land by a local authority
which they have purchased or appropriated for the use of allotments,
if they propose to sell, appropriate or use that land for a use
other than allotments. Such consent may not be given unless the
Secretary of State is satisfied that either adequate provision
will be made for displaced plotholders, or that such provision
is not necessary or is impracticable.[2]
This provision acts as a safeguard against the erosion of allotment
sites through pressure on local authorities to provide land for
other purposes. The number of people on a waiting list is one
of the factors that is taken into account before granting consent.
Applications under section 8 of the 1925 Allotment Act are
dealt with by the Department of the Environment, Transport and
the Regions in the Government Offices. Although there is no legal
requirement to do so, the Department informs the NSALG of all
applications under section 8 in order that they can make representations
on their members' behalf.
Between 7 May 1997 and 13 January 1998, the Secretary of
State for the Environment, Transport and the Regions gave his
consent, under section 8 of the Allotments Act 1925, for the disposal
of 47 statutory allotment sites. During that time there were no
refusals of consent under section 8.
TRENDS IN
SUPPLY AND
DEMAND FOR
ALLOTMENTS
The original motive behind the provision of allotments was
largely philanthropic. Many of the Inclosure Acts in the late
eighteenth century included provision for allotments, so that
agricultural workers would have a supplementary means of sustaining
themselves and their families by growing food. In the nineteenth
century, provision was made in urban areas so that labourers and
industrial workers moving to the towns might have the opportunity
to grow food. Local authorities were first placed under a duty
to provide allotments towards the end of the nineteenth century.
The number of allotments expanded rapidly during the First
World War, and made a significant contribution towards food production.
Following the War the number fell as land temporarily used for
allotments was returned to other uses, but grew again rapidly
during the Second World War when allotment gardening again made
a major contribution towards food supply as part of the "Dig
for Victory" campaign. The number of plots in England and
Wales reached a peak of nearly 1½ million during the early
part of the War as additional land was requisitioned for allotment
use.
The Thorpe Report contains detailed chapters on the number of
allotment plots since the later part of the nineteenth century.
The total number of plots in England and Wales in various years
are given in the following table, with totals drawn from graphs
where it has not been possible to find the underlying figures.[3]
