The Government has published disposal guidance for allotments (mainly applicable to statutory sites). Some points of interest…

Allotment disposal: statutory criteria

1.5 Councils cannot dispose of statutory allotment land without the Secretary of State’s consent. Section 8 of the Allotments Act 1925 states – “Where a local authority has purchased or appropriated land for use as allotments the local authority shall not sell, appropriate, use or dispose of the land for any purpose other than use for allotments without the consent of the Secretary of State”.

How does the council show that “the allotment in question is not necessary and is surplus to requirement”?

3.3 This criterion assumes that the site is either not being used or suffers from low occupation. Where a large site only has a few occupants on it, the site could generally be deemed to be surplus to requirements. Councils still must show that adequate alternative provision will be made for any displaced plot-holders unless this is unnecessary or not reasonably practicable.

3.4 The Secretary of State will consider the following when seeking to establish whether or not councils have met these criteria:

• Number of plots (if cultivated) and their size
• Number of existing plot holders
• Number of people on waiting list for that site
• If the waiting list has been closed and at what number

Is it true that consent will depend on consultation with allotment holders?

3.12 There is no specific requirement to consult with allotment holders although it is good practice to do so. It is likely that allotment-holders will send their views to councils (by email or post) regardless of whether or not a formal consultation exercise isconducted. The Secretary of State may want to see such correspondence to ensure he has a full understanding of the situation.

There is one site where nobody wants a plot but elsewhere there are lots of people waiting for plots. How should a council reconcile this situation?

4.4 The lack of demand for that particular site could be because it is not seen as suitable by prospective allotment holders. For example, it might not have suitable disabled access or adequate security or storage facilities. The council should seek to establish with existing or potential allotment-holders what the concerns are, and engage them in ideas on how to improve the site. It may not be practicable to improve the site so if the council sells the land, it may be able to use funds from that sale to acquire, adapt or improve other land for allotments (Section 32 of the Small Holdings and Allotments Act 1908).

Allotment disposal guidance: Safeguards and alternatives (PDF)