Allotment Disposal Criteria

Proposals to dispose of allotment sites are often met with fierce opposition from local communities who value this form of green, open space.  An allotment authority (usually the local authority) has a statutory duty to provide allotments in accordance with demand (Section 23 of the 1908 Smallholdings and Allotments Act (as amended)).  If an allotment authority wishes to dispose of allotment land that was purchased or appropriated specifically for the purposes of allotment gardening (statutory allotments), local communities may wish to oppose such proposals but are often unaware that consent is required from the Secretary of State (Section 8 of the 1925 Allotments Act) and that there is a clear set of criteria that should be satisfied before any consent can be granted.  As expanded in 2002, these criteria require the Secretary of State to be satisfied that:

A.     The allotment in question is not necessary and is surplus to requirement;

B.     Adequate provision will be made for displaced plot holders, or that such provision is not necessary or is impracticable;

C.     The number of people on the waiting list has been effectively taken into account;

D.     The authority has actively promoted and publicised the availability of allotment sites and has consulted the National Society of Allotment and Leisure Gardeners; and

E.      The implications of disposal for other relevant policies, in particular development plan policies, have been taken into account.

If these criteria cannot be satisfied, there should be a strong case for the Secretary of State to refuse consent for site disposal.  Demonstrating that these criteria cannot be satisfied would form the basis for a case against site disposal.

In February 2002, the Department for Transport, Local Government and the Regions (DTLR) wrote to all Local Authority Chief Executives in England, informing them that the Government was committed to ensuring adequate protection is afforded to allotments.  The letter made reference to the recently revised Planning Policy Guidance note PPG17: Open Space, Sport and Recreation, which also advocated that applications for consent to dispose of statutory allotments should be determined against improved criteria (those listed A to E above).

The letter from DTLR also states "These changes will help to provide better protection for allotments and will help to ensure that allotments which are necessary are not disposed of and that the future demand for allotments can be met."

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