Allotment disposal guidance: Safeguards and alternatives

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Allotment disposal guidance: Safeguards and alternatives.  Department for Communities and Local Government. January 2014 

1.1  Allotments are valuable community spaces that provide people with the opportunity to enjoy regular physical exercise; meet new people in their neighbourhood; and benefit from a healthier diet, regardless of income. Therefore, there are many legal and policy safeguards in place to make sure that their disposal is properly and thoroughly handled by the Secretary of State.

1.2  This document is a guide to how such disposal decisions will be handled by the decision makers involved. Information and advice is provided on the criteria used to assess whether local councils (hereafter “councils”) can be granted consent to dispose of land used for allotments. The guide’s main purpose is to help councils decide whether to apply for consent to dispose of allotment land and to provide clarity on how disposal applications will be assessed.

1.2  This guidance applies to all land a council has purchased or appropriated land for use as allotments and where the land has not been designated for another purpose prior to its use as allotments. This is known as statutory allotment land. A council may be a parish or town council, a district council, a metropolitan district or metropolitan borough council or any other unitary council. The guidance outlines the Government’s interpretation of the law. It is not an authoritative statement of the law, as this can only be provided by the courts.

1.3  While this guide is mainly for councils, it may also be helpful to others interested in allotments such as tenants of allotment gardens and the National Allotment Society who local councils are required to consult before applying for consent to dispose of allotment land. Anyone unsure of their legal rights or obligations should consult a lawyer.

This guidance is divided into four broad areas:

  1. Allotment disposal: statutory criteria
  2. Allotment disposal: policy criteria
  3. Alternatives to disposal
  4. Making your application: next steps and timeline

For full text click here: Allotment_disposal_guidance_-_Safeguards_and_alternatives

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