Allotments: a plot holders' guide

Types of allotment

There are two main types of allotment:

• Statutory allotments are parcels of land owned by the local authority specifically for use as allotments. These sites cannot be sold or used for other purposes without the consent of the Secretary of State for Transport, Local Government and the Regions.

• Temporary allotments are on land which is allocated for other uses but leased or rented by an allotments authority. Temporary allotments are not protected from disposal in the same way that statutory allotments are.

What can I do with my plot?

The conditions of tenancy for an allotment are stated in the tenancy agreement, which is signed by the allotment authority and tenant. Remember, your allotment is primarily for the growing of fruit and vegetables for you and your family.

All tenants have a duty of care to each other and also to visitors to the allotment site. Your allotment must be kept clean and maintained in a good state of cultivation.

What can't I do with my plot?

Any fruit or vegetables grown on your plot should be for you and your family's consumption. You are not permitted to run your allotment plot as a business; or sub-let your plot. 

Most Associations ban Bonfires as they can cause nuisance to neighbours and other plot holders.

You should not place barbed wire around your plot in such a position as will injure a third party.

How much rent is fair?

The law says that an allotment must be let at a rent that a tenant may be "reasonably expected to pay". The allotment authority will decide the annual rent taking into account the cost of managing the site, local needs and any special circumstances.

There is no statutory process of appeal about rent charges. If you are unhappy about the charges, you should take your case up directly with the allotment authority. The National Society of Allotment and Leisure Gardeners (NSALG) can advise.

What happens if the local authority wants to dispose of the land?

It depends if the allotment is statutory or temporary.

If an allotment authority wishes to sell a statutory allotment site it must have the consent of the Secretary of State for Transport, Local Government and the Regions.

The Secretary of State will first want to be satisfied of certain conditions as follows:

• the allotment is either not necessary and is surplus to requirements;
• the council will give displaced plot holders adequate alternative sites, unless this is not necessary or is not practicable;
• the council has taken the number of people on the waiting list into account; and
• the council has actively promoted and publicised the availability of allotment sites and has consulted the NSALG.

Government guidance also requires allotment authorities to consult with plot holders before they apply for disposal. If the application goes ahead, it will be dealt with by the respective Government Office for the Region.

If the application is successful, and allotment holders are displaced, the allotment authority is expected to provide one or more suitable alternative sites which should not normally be more than three-quarters of a mile from the centre of demand. They must be suitable for spade cultivation.

If an allotment authority ends a tenancy, the plot holder is entitled to compensation for:

• crops growing on the land in the ordinary course of cultivation;
• manure applied to the land; and
• up to one year's rent.

The Secretary of State's consent is not required for the disposal of non-statutory allotment sites, but the allotment authority will usually be required to give plot holders 12 months notice to quit before the land can be used for any other purpose.

Useful contacts (A-Z)

Amateur Gardening Magazine
Westover House
West Quay Road
Poole
Dorset BH15 1JG

Phone: 01202 440 840
Fax: 01202 440 860
Web site: http://www.amateurgardening.co.uk/

British Beekeepers Association
National Agriculture Centre
Stoneleigh
Warwickshire CV8 2LZ

Phone: 02476 690 682
Web site: http://www.bbka.demon.co.uk/

British Trust for ConservationVolunteers (BCTV)
36 St Mary's Street
Wallingford
Oxfordshire OX10 0EU

Phone: 01491 839 766
Web site: http://www.btcv.org/

Centre for Alternative Technology (CAT)
Machynlleth
Powys SY20 9AZ

Phone: 01654 705 950
Web site: www.cat.org.uk/

Community Composting Network
67 Alexandra Road
Sheffield S2 3EE

Phone: 0114 258 0483
Web site: www.othas.org.uk/ccn/
E-mail: ccn@gn.apc.org

Federation of City Farms and Community Gardens
The Greenhouse
Hereford Street
Bristol BS3 4NA

Phone: 0117 923 0483
Fax: 0117 923 1900
Web site: http://www.farmgarden.org.uk/
E-mail: admin@farmgarden.org

Henry Doubleday Research Association
(HDRA)
Ryton Organic Gardens
Coventry CV8 3LG

Phone: 024 7630 3517
Web site: http://www.hdra.org.uk/
E-mail: enquiry@hdra.org.uk

Institute of Leisure and Amenity Management (ILAM)
ILAM House
Lower Basildon
Reading RG8 9NE

Phone: 01491 874 800
Fax: 01491 874 801
Web site: http://www.ilam.co.uk/

Local Government Association (LGA)
Local Government House
Smith Square
London SW1P 3HZ

Phone: 020 7664 3000
Web site: http://www.lga.gov.uk/

Mind (The National Association for Mental Health)
15-19 Broadway
London E15 4BQ

Phone: 020 8519 2122
Web site: http://www.mind.org.uk/
E-mail: contact@mind.org.uk

National Society of Allotment & Leisure Gardeners Ltd. (NSALG)
O'Dell House
Hunters Road
Corby
Northamptonshire NN17 5JE

Phone: 01536 266 576
Fax: 01536 264 509
Web site: http://www.nsalg.org.uk//
Email: natsoc@nsalg.org.uk

QED Virtual Potting Shed
Web site: www.btinternet.com/~richard.wiltshire/potshed1.htm

Royal Society for the Protection of Birds (RSPB)
UK Headquarters
The Lodge
Sandy
Bedfordshire SG19 2DL

Phone: 01767 680 551
Web site: http://www.rspb.org.uk/

Royal Society for the Prevention of Cruelty to Animals (RSPCA) Farm Animals Department
Enquiries Service
RSPCA
Wilberforce Way
Southwater
Horsham
West Sussex RH13 7WN

Phone: 0870 754 0203
Web site: http://www.rspca.org.uk/
E-mail: farm_animals@rspca.org.uk

Soil Association
Bristol House
40 - 56 Victoria Street
Bristol BS1 6BY

Phone: 0117 929 0661
Web site: http://www.soilassociation.org/
E-mail: info@soilassociation.org

SUSTAIN: The alliance for better food and farming
94 White Lion Street
London N1 9PF

Phone: 020 7837 1228
Web site: http://www.sustainweb.org/

Thrive
The Geoffrey Udall Centre
Beech Hill
Reading RG7 2AT

Phone: 0118 988 5688
Web site: http://www.thrive.org.uk/
E-mail: mailto:www.thrive.org.uk

(GO-L)
Riverwalk House
157-161 Millbank
London SW1P 4RR

Phone: 020 7217 3328
Web site: http://www.go-london.gov.uk/

 

Useful Link

http://www.shropshirecomposters.fusiveweb.co.uk/

 

A quick guide to the legislation on allotments

The legislation relating to allotments is quite complex. The areas that are likely to be of most interest to plot holders are summarised here:

Small Holdings and Allotments Act 1908

Consolidated all previous legislation and laid down basis for all subsequent legislation.

Placed duty on local authorities to provide sufficient allotments, according to demand. Also makes provision for local authorities to purchase compulsorily land to provide allotments. Established the framework for the modern allotments system.

Land Settlement Facilities Act 1919

This Act was mainly to assist returning servicemen and opened up allotments to all, not just 'the labouring population'. Made metropolitan borough councils allotment authorities for the first time.

Allotments Act 1922

This Act was established to provide allotment tenants with some security of tenure. It also provided tenants with greater compensation at the termination of their tenancy and limited the size of an allotment to one-quarter of an acre, specifying that it should be used mostly for growing fruit and vegetables.

Allotments Act 1925

Required local authorities to recognise the need for allotments in any town planning development. Established 'statutory' allotments which a local authority could not sell or convert to other purposes without Ministerial consent. This Act was intended to facilitate the acquisition and maintenance of allotments, and to make further provision for the security of tenure for tenants.

Allotments Act 1950

This included:

• amendment of the provisions relating to rents that may be charged for allotments;
• extension of period of notice to quit to 12 months for allotment gardens;
• compensation payable to plot holder at whatever season of the year a tenancy terminates;
• making plot holders who have allowed their plot to deteriorate through neglect liable to pay compensation on quitting; and
• allowance of certain forms of livestock (hens and rabbits) to be kept although this can be, in some cases, restricted by local by-laws.

Other legislation

The Local Government Act 1972 amended the allotments legislation in a number of matters of detail, for example, removing the requirement upon local authorities to establish allotments committees (contained in Section 12 of the Allotments Act 1925).

Other Acts which have impacted upon allotments include the Town and Country Planning Act 1990, the Local Government Planning and Land Act 1980 and the Acquisition of Land Act 1981.