Legislation
Current UK legislation, as enacted, can be accessed at the UK Legislation website. www.legislation.gov.uk/browse/uk
There is an outline of which legislation refers to allotments on the NSALG website, also with links to the UK Legislation website www.nsalg.org.uk/page.php?article=547&name=Allotment+Legislation.
The Small Holdings and Allotments Act 1908- deals with the Provision of Allotments, Powers of Councils and Acquisition of Land.
The The Allotments Act 1925- specifies that land purchased or appropriated by local authorities for use as allotments must not be disposed of without Ministerial consent. The Secretary of State must be satisfied that 'adequate provision will be made for allotment holders displaced by the action of the local authority, or that such provision is unnecessary or not reasonably practicable'. (Section 8)
An overview
The National Society for Allotment and Leisure Gardeners (www.nsalg.org.uk) provides a free leaflet on their website describing basic allotment legislation from their Legal Consultant "Allotments - The Basics"
Government response
Government responses to recent e-petitions on allotments also provide a summary of current legislation.
This quote is taken from the Government's reply to "allotments petition - June 2007".
Planning Policy Guidance 17 (PPG17) requires that local authorities make provision for all types of open space that may be of public value. It also requires local authorities to undertake robust assessments of local needs for, and audits of, existing open space, sports and recreational facilities and to establish standards for new provision. It is expected that by implementing the guidance in PPG17, local authorities should make adequate provision for allotments.
Furthermore, if an allotment authority is of the opinion that there is a demand for allotments in its area, it is required under Section 23 of the Small Holdings and Allotments Act 1908, to provide a sufficient number of allotments and to let them to persons residing in its area who want them.
Written representations may be made to the local authority on the need for allotments by any 6 residents on the electoral register or persons liable to pay council tax, and the local authority must take those representations into account (section 23(2) of the Small Holdings and Allotments Act 1908). The Council must assess whether there is a demand for allotments in their area. If the council decides that there is a demand for allotments; they have a statutory duty to provide a sufficient number of plots. In terms of the duty to provide under section 23 of the Small Holdings and Allotments Act 1908 there is no time limit for provision once it has been established that there is a demand.
Furthermore, if an allotment authority is of the opinion that there is a demand for allotments in its area, it is required under Section 23 of the Small Holdings and Allotments Act 1908, to provide a sufficient number of allotments and to let them to persons residing in its area who want them.
Written representations may be made to the local authority on the need for allotments by any 6 residents on the electoral register or persons liable to pay council tax, and the local authority must take those representations into account (section 23(2) of the Small Holdings and Allotments Act 1908). The Council must assess whether there is a demand for allotments in their area. If the council decides that there is a demand for allotments; they have a statutory duty to provide a sufficient number of plots. In terms of the duty to provide under section 23 of the Small Holdings and Allotments Act 1908 there is no time limit for provision once it has been established that there is a demand.
FAQ's
• Do Councils have a statutory duty to provide allotments?
Yes. If the council believes that there is a demand for allotments; they have a statutory duty to provide a sufficient number of plots. Section 23 of the Small Holdings and Allotments Act 1908.
Download a legal opinion on the statutory duty from the Legal Consultant at the National Society of Allotment and Leisure Gardeners Ltd www.nsalg.org.uk
• Do councils have to supply a minimum number of plots per thousand population?
No, there is no legal national minimum provision standard, but councils do have to audit allotments, set standards of provision, and assess their actual provision against these standards as part of Planning Policy Guidance 17 (PPG17).
Most allotment strategies quote the 1969 Thorpe Report which recommends a minimum provision equivalent to 15 per 1,000 households, but this is not legally binding.
It is estimated that since 1969 some 30% of the then available allotments land has been lost irrevocably. Hence, the NSALG recommends that the irreducible minimum provision today should be 20 standard (300 sq. yd) plots per 1,000 households.
The Survey of Allotments, Community Gardens and City Farms, carried out by the University of Derby on behalf of the Department for Communities and Local Government in 2006 showed that the national average provision was 13 plots per 1,000 households (although questionnaires were received on less than half of allotment sites in England which casts doubt on whether the findings presented in the report relating to sites are valid).
• Does the Council have to assess whether there is a demand for allotments in its area?
Local councils are required to audit allotment provision as part of Planning Policy Guidance 17. See resources page to get more information about this and download PPG17.
In addition, when assessing demand the local authority must take into account any written representations on the need for allotments by any 6 residents on the electoral register or persons liable to pay council tax. (section 23(2) of the Small Holdings and Allotments Act 1908).
• Who should provide allotments where there is a Town or Parish Council?
If there is a Town or Parish Council in a particular area, then the responsibility for allotments within the boundaries of that town or parish lies with them. The District Council, in this case, has no powers to act in any manner over allotments.
(Paragraph 9 sub-paragraph (1) of Schedule 29 to the Local Government Act 1972)
• If all the allotments in an area are managed by someone other than local government, does the council have any obligations?
Unless there is a Town or Parish Council the duty to provide sufficient allotments falls with the District Council in that area.
The fact that allotments may be provided in a geo-municipal area by a private landlord, or quasi-private landlord does not and cannot absolve the relevant municipal authority from the statutory and hence mandatory obligations of provision and letting (section 23 subsection (1) Small Holdings and Allotments Act 1908).
• My council says that it has no spare land for allotments, what can I do?
Your council can make an application for compulsory hiring under the Small Holdings and Allotments Act 1908 if it has no spare land. See "Allotments - The Basics" from the NSALG.
• Is it necessary to get planning permission for change of use from agricultural land?
Planning permission is not required for allotments on land previously used for agriculture. Councils are not always aware of this. See "Allotments - The Basics" from the NSALG.
• What size is an allotment?
There is no legal minimum size for an allotment. The Allotments Act 1922 defines 'allotment gardens' as 'an allotment not exceeding forty poles in extent which is mainly cultivated by the occupier for the production of vegetables and fruit crops for consumption by himself or his family'. (Section 22)
That said, it is generally accepted that the average plot is 300 square yards or 250 square metres.
• What facilities must the council provide on an allotment site?
There is no legal requirement for the council to provide anything other than land. However, guidelines and examples of best practice are offered to those responsible for managing allotments in a chapter on allotment facilities in Growing in the community: a good practice guide for the management of allotments.
This publication, from the Local Government Association, cannot be downloaded. It may be ordered from the following link:
Growing in the community: a good practice guide for the management of allotments