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Why was it so important to Challenge the Secretary of State's Decision? In July 2006, the Government Office for the South East (GOSE) announced that the Secretary of State for Communities and Local Government would grant consent for the disposal of South Street and Monks Way allotments, Eastleigh, Hampshire. The Association, its members, plot holders and many, many supporters have been fighting since the end of 2002 to prevent Eastleigh Borough Council selling off these two statutory allotment sites. We have fought very hard because we firmly believe that selling these allotment sites is the wrong thing to be doing at a time when there is so much interest in allotment gardening and when this activity has such a huge contribution to make to people's quality of life. We also firmly believed that these statutory allotments were well protected, particularly since the disposal criteria had recently been improved and apparently strengthened, and since the Government had (in 2002) stated quite clearly that it was committed to ensuring adequate protection is afforded to allotments. In its letter to all Local Authority Chief Executives, and with reference to the revised disposal criteria, the DTLR stated: "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." It was manifestly clear to us that Eastleigh Borough Council could not satisfy the five disposal criteria. Following a Public Inquiry held in April 2005, the Secretary of State concluded that Eastleigh Borough Council was unable to satisfy two of the five disposal criteria as follows:
There were also other concerns about the way in which the Public Inquiry Inspector and the Secretary of State had reached their conclusions, which appeared to be at odds with allotments policy and other recent Section 8 decisions. By all accounts, and set against the new criteria, which were supposed to improve protection for statutory allotments, and the Government's stated intent to ensure adequate protection, the Secretary of State should have refused consent for disposal. Instead, consent for disposal was granted. This decision sets a very worrying precedent that gives plot holders on statutory allotment sites across the whole country ABSOLUTELY NO CERTAINTY that they are safe from the threats of site disposal. It represents a U-turn in Government policy, is inconsistent with other recent Section 8 decisions and will leave everyone in the dark as to whether they have any chance of protecting their valued allotment plots. We would like your views and your support. Contact us today. |
