Forgive me if I am going old ground but I live in a small village in South East Wales and am one of a number of people who would like to start an allotment. Am I correct in thinking that the local Community Council has a duty to allocate a site if more than six people request it, if not has anyone any ideas as to how to go about things? - regards javelin.
Yes, a Community Council has a duty under S.23 Small Holdings and Allotments Act 1908 to provide sufficient allotments, and there's no particular need to petition the council because they only need to know that there is demand for the duty to exists, but it can be a useful bit of formality to present a formal S.23(2) request signed by six resident parlimentary electors. The Community Council have the power to request their county council to compulsorily hire suitable land on their behalf and as the going agricultural rate is well shy of £1/pole there's rarely any reason why the council can't do its duty. However, forcing the council to do their duty takes a judicial review so, duty or not, in practice it's impossible to force a reluctant council.
It would be a very good idea to meet a couple of councillors and get them to support the idea. If you can show the council how it need cost them no money they'll likely be more interested in supporting you, so you should be prepared to manage the site yourselves, which is probably a good thing anyway. And bear in mind that the duty on the council is to provide the land, they have no duty to prepare it or even fance it, so you need to present a strategy for that too.
Some councils can be increadibly helpful and supportive, and some can be increadibly hostile. Best of luck.
yes good luck
Good luck with your project. Don't forget to contact the Lottery for a grant if you do self manage it.
Neil
Thanks for the replies so soon. Unwashed - could you elaborate on " formal S.32(2) request" ie is this a standard form and if so where does one obtain it?
Do you live in Argoed? They have been trying for years to get the Caerphilly County Borough Council to provide allotments If you are or live in another village in the Caerphilly area I`ll tell you now you have got a massive fight of your hands as Caerphilly Council do not want to bother with allotments. They are trying to offload the whole lot to a private setup
Hi Javelin
S.23 Small Holdings and Allotments Act 1908 (http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Allotments+Act&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1154233&ActiveTextDocId=1154240&filesize=5479) is:
23.
Duty of certain councils to provide allotments.
(1) If the council of any borough, urban district, or parish are of opinion that there is a demand for allotments in the borough, urban district, or parish, the council shall provide a sufficient number of allotments, and shall let such allotments to persons resident in the borough, district, or parish, and desiring to take the same.
(2) On a representation in writing to the council of any borough, urban district, or parish, by any six registered parliamentary electors or persons who are liable to pay an amount in respect of council tax resident in the borough, urban district, or parish, that the circumstances of the borough, urban district, or parish are such that it is the duty of the council to take proceedings under this Part of this Act therein, the council shall take such representation into consideration.
So there's no prescribed form, but there need to be at least six of you who live within the parish boundary of the Community Council and you all need to be on the electoral roll.
So something like:
Clerk to the Council
Dear Sir
We the undersigned, being resident in the parish and registered on the electoral roll, hereby make representation to the Community Council under S.23(2) Small Holdings and Allotments Act 1908 that there are insufficient allotment gardens available to residents of the parish, and we respectfully request that the Community Council takes such steps necessary to provide allotment gardens sufficient to satisfy demand.
Signed: [signatures, names, and addresses of six resident parlimentary electors]
That's the formality, but I think it would be a very good idea to first meet a couple of local councillors and propose to them that the council work with you to provide allotments, and that you use the S.23 request as a formality so as not to get their backs up.
You need to be prepared to do most of the work yourself though. Ideally the Council will advertise its intention of providing allotments and invite those interested to form a site association which will then do the leg work. And if you know of a suitable piece of land, that will help a lot, though it is also possible that the parish, borough, or county council already own suitable land.
if you pm me your email, I'll send you a 'power point' about allotments, law, setting one up, funding, etc.
rgds, Tony
Hi Powerspade, sorry for delay but now we live farther east towards Chepstow. Our CommunityCouncillors have just dismissed the idea of allotments on the basis that it is too expensive and they " have the right to say no". Sounds to me like a good starting point.