Allotment status help please?

[Storm]

Our allotment is on council ground that was formally used as gardens for a children's home but has been allotments now for at least 30 years. some older residents in the village say it is even longer than that.

The council are dragging their feet about calling them statutory (and therefore protected to some degree from development) saying that there is no legal clause in any allotment law that says that once land has been continuously used as allotments for 25-30 years, that they become statutory.

their claim is that the land, though used as allotments for years, was never actually formally legally assigned as allotments (they still have it registered as play grounds and gardens) and therefore it is exempt from any law governing allotments. we are there by their kindness and grace.

can anyone advise on specific law (a link or reference would be great) that will clarify if:

a) allotments *do* become statutory after a certain period of continuous use.

b) is the council's claim that the land was never formally allocated as allotments a legal "get out" and we don't have a legal leg to stand on.

the land is a prime "brownfield" development site - the views are fantastic and it's in a "much sought after village" (as estate agents would say)

we don't want our hard work in clearing the jungle that was there before to all come to nothing....


can anyone help???

[Paulottie]

How many plots are there? Are they all occupied? and who assigns them?
Do you pay rent to the council?
Do you have a tenancy agreement?
Are these the only allotments in the area?

If yes, then they are being used as allotments and so they are allotments! and thus whatever was not said 30 years ago is irrelevant. If there is a proven need for allotments the council must provide them. Their only chance to move you is if they provide an alternative suitable site. Then you must have a years notice and compensation etc. etc.

Do they actually have, or do you suspect development plans for the site?

Get googling! Allotment law is quite interesting and complicated. To research I suggest you could look at allotment acts 1922, 1925, and 1950 although there might be some joy in Town and country planning act 1990, local gov act 1980 or Aquisition of land act 1981.

I'm no lawyer perhaps you would be wise to contact nalsag. for advice.

[Snadger]

How many plots are there? Are they all occupied? and who assigns them?
Do you pay rent to the council?
Do you have a tenancy agreement?
Are these the only allotments in the area?

If yes, then they are being used as allotments and so they are allotments! and thus whatever was not said 30 years ago is irrelevant. If there is a proven need for allotments the council must provide them. Their only chance to move you is if they provide an alternative suitable site. Then you must have a years notice and compensation etc. etc.

Do they actually have, or do you suspect development plans for the site?

Get googling! Allotment law is quite interesting and complicated. To research I suggest you could look at allotment acts 1922, 1925, and 1950 although there might be some joy in Town and country planning act 1990, local gov act 1980 or Aquisition of land act 1981.

I'm no lawyer perhaps you would be wise to contact nalsag. for advice.

I agree wholeheartedly with the last sentence (as well as other stuff as well of course!)

NSALG------National Society for Allotment & Leisure Gardeners.

These guys are well versed in allotment law and would be of great benefit methinks!

Contact them as you've got nowt to lose! Google it!

[Tam]

National Society of Allotments and Leisure Gardeners Limited there you go !

[Two_Sheds]

"Only 'statutory' allotment sites have legal protection: the Allotments Act 1925 provides that the Secretary of State must be asked for consent before a 'statutory' allotment site can be disposed of by a local authority. For 'temporary' and private sites, only normal planning procedures apply if the owner wishes to change the use to which the land is put."
House of Commons - Environment, Transport and Regional Affairs - Fifth Report

[Paulottie]

Well found TS... but its not all is depressing because the council may well still be required to provide an alternative under their obligation to provide allotments and this is not always easy or cheap for them to achieve. I think this was consolidated in the 1908 act (to provide sufficient allotments according to demand.) if your allotments have been well used then you already have proven demand.

Sorry NSALG got my letters muddled, there is another society from the west country SWCAA(Ithink?) that may be able to help too.

[Storm]

How many plots are there? Are they all occupied? and who assigns them?
Do you pay rent to the council?
Do you have a tenancy agreement?
Are these the only allotments in the area?

thanks for all the help and advice. i will check out the links provided.

at present, there are about 22 plots, all but one occupied. there is a waiting list and plots are offered to the person at the top as they become available. at present people contact me, i show them round and if they want the plot then it's theirs. i notify the council to whom each plot holder pays their rent. many of us do not yet have agreements as this is what we are arguing with the council about. 3 plot holders have been there a long time and have agreements that differ wildly from the ones us "newbies" are being asked to sign. basically we sign our rights away. there are other allotments in the area - the other very local ones are owned privately. the next nearest council ones are several miles away so that means getting in the car every time i want some parsnips for tea!

there is no issue with us using the land as allotments. however as Two Sheds says, only statutory ones have protection and the council are steadfastly refusing to acknowledge that such status applies to our plots. we are trying to find some clause somewhere that will mean that these plots *are* statutory so we can plan for the long term.

as for development plans, we live in an area where there is pressure to build houses. it is considered a "nice" place to live. this land has a massive commercial value over and above the £14 p.a we pay in rent as development land. the council's insistence on differing contracts for new plot holders only fuels suspicion...

[SarzWix]

We're in the same position on our site Storm, although we were told last year that the allotments were getting 'Statutory' status when they were passed over to the administration of the Parish Council, the district council is now saying we can only have a lease on the land instead. We thought our plots were safe as this area has been allotments since the 1st WW, and the land was (supposedly) bequeathed for the purpose, but somehow (don't quite understand the legalities) the land is owned by the district council now. It's a mess. And the council keep trying to include the land in the Local Development Framework
I would second the suggestion of getting in touch with NSALG, also get the Parish Council (if you have one) involved, local MPs and councillors onside, and any environmental pressure groups you can think of.

[Hazel at the Hill]

as for development plans, we live in an area where there is pressure to build houses. it is considered a "nice" place to live. this land has a massive commercial value over and above the £14 p.a we pay in rent as development land. the council's insistence on differing contracts for new plot holders only fuels suspicion...

Possibly the development pressure for new builds has abated somewhat, given the current climate. It would be good to get your plots on a proper footing, tho' - as others have said, the NSALG is perhaps your next port of call

[Storm]

Possibly the development pressure for new builds has abated somewhat, given the current climate. It would be good to get your plots on a proper footing, tho' - as others have said, the NSALG is perhaps your next port of call

Indeed. but economies bounce back and we want to make sure we have plots in 5, 10, 15 years time! will check out the NSALG

We are in a similar position to you Sarzwix. the land is owned by the county council and they insist on using the phrase "Land used as allotments" instead of "allotments". It feels like they don't want to comit to calling them allotments so that it will be easier to change the usage in future.



i am confused by the legalities as well but i have the distinct feeling that i am being mucked about