CPRE Leicestershire

The importance of growing at least some of the food we consume on our own ground or a rented allotment is being thrown into sharp focus by the needs to address harmful climate change and to survive the economic downturn, though not necessarily in that order. The reduced ability to take holidays abroad, pay for energy bills or run private motorised vehicles is making trawling second-hand bookshops and charity shops a popular pastime these days! Gardening also fits this bill and with many allotment sites given up for development we are now finding that those allotment grounds still in use are becoming heavily oversubscribed with long waiting lists. Widespread demand for allotments first grew around the time of the First World War and saw similar growths in demand during the Great Depression of the 1930s and again during WWII and the period of rationing in the 1950s. That is, allotment gardening is once more beginning to fulfill a need rather than a want. Even if the demand meets purely economic needs the other benefits are really great - healthy exercise and growing fitness as well as vegetables - and it's fun too. Allotments also provide a social focus - wonderful too if you've got a shed in which to brew a cuppa or two up!

left: Preparing for zero food miles - not sure about zero emissions though!

right: Well-used allotment gardens in the middle of a housing estate in Melton Mowbray. A site potentially ripe for housing development? Not if we're correct in our assumptions...

The subject of allotment provision became a high profile issue for the village of Quorn here in Leicestershire when an application for 112 dwelling units, contained in six blocks of flats, was proposed for a village centre site in December 2008. The proposal site comprises ground originally given to the village by a benefactor for the purpose of allotment cultivation. Sadly, very few of the original allotments are now in use and the site now consists of a mixture of freehold plots, some of which appear to have been acquired purely as speculative investments. Hopefully, the Parish Council or the Local Planning Authority can acquire the site since local authorities have an obligation to provide allotments, where demand exists. Section 23 of the 1908 Small Holdings and Allotment Act refers and failure in meeting this duty allows prospective allotment holders to apply for a Judicial Review and Mandatory Order, via s.55 of the Civil Procedure Rules. Additionally, Planning Policy Guidance 17 defines open space to include allotments in Annex 3. This guidance is a material consideration when a local planning authority considers a planning application. The fact that PPG advice is a material consideration was given in J.A. Pye (Oxford) Ltd. V West Oxfordshire District Council and the Secretary of State [1982] JPL 377.

It appears that there are several means at the disposal of a local authority acquire the land in question for public amenity use, e.g. agreed acquisition, ‘compulsory hiring’ (as per ss. 25 and 39(2) of the 1908 Act, as amended by the 1981 Acquisition of Land Act) or by straightforward compulsory acquisition. The enabling sections of the 1908 Act are further supplemented by the Compulsory Purchase of Land (Prescribed Forms) (Ministers) Regulations 2004.

Section 39 of the 1908 Act, as amended by Schedule 29 of the 1972 Local Government Act, determines that a parish or community must represent the case for compulsory acquisition to the relevant principal authority, who then on behalf of the parish exercise the powers under s.25 of the 1908 Act. Unfortunately it is the local authority’s discretion whether or not to exercise these powers. However, if aggrieved the parish can petition the Secretary of State, More directly, it appears that there is also the option of the local authority acquiring the land compulsorily for allotments under the provisions of s.226 of the 1990 Town & Country Planning Act. This latter case applies if the land is required for a purpose in which it is necessary to achieve the interests of ‘proper planning’. There are obvious advantages if the land in question has no consent for built development. Of legal significance is the outcome of an Appeal Decision hearing held on November 27th 2003, which was in respect of a proposed development which would have resulted in the loss of unoccupied allotments for which there was a demonstrable demand. Appeal reference APP/W1525/A/03/1114823.

Another case of significance was the proposed disposal of allotment land at Prestbury in Gloucestershire. In a letter to Prestbury Parish Council, dated August 16th 2004, the Government Office for the South-West refused consent for the disposal of an allotment plot on the grounds that the necessary disposal criteria could not be satisfied. The details of that case are here.

Where development has taken place on allotment grounds adjacent to village or town centres sometimes a deal has been struck whereby new allotments have been provided by way of compensation. Unfortunately, these new allotment sites tend to be well away from where people live and car journeys are necessitated which of course is unsustainable. By necessity allotments need to be no more than a wheelbarrow's journey away. The case at Quorn is an interesting one and we will keep you informed when decisions are taken.

Planting and digging spuds.

Sweetcorn fresh from the allotment.

Well-kept allotments on the urban fringe at Aylestone.

Graham Stocks,
January 11th, 2009.