Topic: Allotment legislation is staying

[kt.]

All this recent talks of government possibly doing away with allotment responsibilities has been confirmed as a no go and allotments are safe.

http://www.communities.gov.uk/issuesandresponses/newsroom/18929701

[Unwashed]

That's not what the statement says at all.  

The statement says that the statutory protection of allotments under the 1926 Act was never up for discussion, and that's right, it wasn't.  So statutory sites will continue to require the Secretary of State's permission for a change of use whatever other decisions are made.  I didn't read the Independent's article, but I have seen talk of this protection going and it was simply a misunderstanding and it's helpful for the department to clarify that.  Councils have always been able to hand over their sites to self-managing associations and that doesn't change.

What was up for discussion, and what the statement confirms is still up for discussion, is the S.23 duty under the 1908 Act for non-London parish councils to privide sufficient allotments.  Actually if this duty is removed it'll make zero difference because every parish council with parishoners waiting for an allotment is already in breach of their duty, and are they bothered?  But it might possibly see a repeal of the (almost never used) power to compulsirilory rent land, and whether it does or not it'll likely make it even more difficult to get parish councils to provide new allotment sites, and that's not good for the movement.

[pigeonseed]

A law is only as good as its enforcement.

[arunginny]

Just received this email update from the ‘burdens’ team in government, looks like allotments are safe and councils are still required to provide them :) :

“Thank you for your recent email about the review of statutory duties placed on local government.
Until now, there has been no comprehensive list of the legal duties placed on councils. To remedy this, the Government agreed with the Local Government Association (the national body representing councils) that such a list should be compiled so that everyone is clear what legal obligations local councils have and check whether the duties are still relevant.
There is no implication that any particular duty on the list is being considered for removal. The review is as much about ensuring vital duties are retained as it is about removing unnecessary burdens. Any changes to statutory duties which come about as a result of the review will subsequently be properly considered and consulted on where necessary.
The Government will not remove statutory protections for allotments or vital frontline services and, as such, there is no intention to remove local authorities’ statutory duties to provide allotments or to remove the requirement for local authorities to seek the Secretary of State’s agreement to use statutory allotments for other purposes.
Yours faithfully
Statutory Duties Review Team “

[Unwashed]

Yes, I got that too.  This is the important bit:

there is no intention to remove local authorities’ statutory duties to provide allotments

That's the bit that would appear to have been under review, so this is encouraging.

Bear in mind though, that for politicians there is a world of difference between "there is no intention to" and "we won't", but for now the pressure appears to have paid off.

[pumkinlover]

Thanks for posting - I haven't had a response so it is good to hear.  I think the response seems as good as we are likely to get! :)

[shirlton]

We should be so thankful for this ;D

[Digeroo]

I am still not convinced though that they will not try and find ways of minimising the cost of allotments to the councils.    I am not sure that the statutory requirement to provide allotments is worth the paper it is printed on.  If they do not provide them what precisely can you do about it.

[Unwashed]

I am still not convinced though that they will not try and find ways of minimising the cost of allotments to the councils.    I am not sure that the statutory requirement to provide allotments is worth the paper it is printed on.  If they do not provide them what precisely can you do about it.

You have to challenge it via judicial review.  Six local council electors need to ask their parish council to provide allotments and then when the council says no they need to apply for leave to review that decision in the high court in the light of the S.23 duty in the Small Holdings and Allotments act 1908.  I can't think that anyone other that the NSALG has the resources to mount such a challenge, but they won't.

[saddad]

Yes, I got that too.  This is the important bit:

there is no intention to remove local authorities’ statutory duties to provide allotments

That's the bit that would appear to have been under review, so this is encouraging.

Bear in mind though, that for politicians there is a world of difference between "there is no intention to" and "we won't", but for now the pressure appears to have paid off.

A certain party had no intention of raising tuition fees... even pledged not to... look where that got us...  ::)