The law relating to allotments is contained in the Small Holdings and Allotments Act 1908 (SHAA 1908), the Allotments Act 1922 (AA 1922), the Allotments Act 1925 (AA 1925) and the Allotments Act 1950 (AA 1960). General planning laws also apply to allotments.
Under SHAA 1908, councils are under a duty to provide a sufficient number of allotments if they are of the opinion that there is demand for allotments in their borough, urban district or parish. They are also required to let such allotments to residents of their boroughs, districts and parishes who wish to take on an allotment.
SHAA 1908 gives councils the power to compulsorily purchase land for the purpose of providing allotments.
If six or more residents, who are either on the electoral register or who are liable to pay council tax, in any one borough, urban district or parish make written representations to the council as to the provision of allotments, the council is under a duty to take their representations into account when deciding whether there are a sufficient number of allotments available.
However, where a council is of the opinion that there is demand for allotments in their borough, urban district or parish, they are not obliged to make land available for allotments within a specific time limit.
In addition to their duties under SHAA 1908, local authorities are required to assess the need for and audit their provision of allotments in their area as part of Planning Policy Guidance 17. Under Planning Policy Guidance 17, local authorities should not allow allotments to be built on unless an assessment has been undertaken and that assessment clearly shows the allotments are surplus to requirements.
Under SHAA 1908, councils have the power to make such rules as appear necessary or proper for the purpose of regulating the letting of allotments, and for preventing any undue preference in the letting of allotments. A council can, for example, make rules as to eligibility of tenants and make rules as to how their allotments should be cultivated.
Under AA 1950, allotment holders have the right to keep hens and rabbits on their allotments for personal use and to erect and place such buildings or structures on the land as is reasonably necessary for keeping such animals. However, this right does not authorise the keeping of such animals in such a place or in such a manner which would be prejudicial to health or be a nuisance.
Under AA 1950, a landlord is entitled to compensation if an allotment holder allows the allotment to deteriorate.
Under SHAA 1908, an allotment cannot be sublet unless the council’s consent has been obtained.
The Allotment Acts gives allotment holders some security of tenure. Their tenancies cannot be terminated unless:
In certain circumstances, an allotment holder is entitled to compensation under AA 1922, where his tenancy is terminated.
Under AA 1925, a local authority cannot sell, use or otherwise dispose of land which it acquired for use as allotments without first obtaining the consent of the Secretary of State for the Department for Environment, Food and Rural Affairs. The Secretary of State can only give such consent if s/he is satisfied that adequate provision will be made for allotment holders displaced or that such provision is not necessary or reasonably practicable.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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