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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - This week

Privately owned allotments.

Brian Firth, modified 6 Years ago.

Privately owned allotments.

New Member Posts: 2 Join Date: 04/09/17 Recent Posts

Hi,

I am seeking clarification on the legislation governing privately owned allotments.

1) Are privately owned allotments/small holdings protected under the 1908 Allotments Act, or subsequent amendments, or am I correct in thinking that the Allotments Act only protects and governs `Statutory Allotments` that are owned by the local council.

2) Are privately owned allotments protected by the UDP designation, or am I correct in believing that the UDP protection only applies to `Statutory Allotments` and those under any form of tenancy or licence.  I understood that the principle of the UDP was not to create any additional protection on a specific area over and above that already in existence, as that would require a change in legislation or court order.

3) Does the local council have any authority over privately owned allotments or is their authority limited to Statutory Allotments.

4) Are the local council correct in applying privately owned allotments towards their target of available allotments in the area, or am I correct in thinking that the existence of privately owned allotments does not absolve the council from their Statutory obligation to provide adequate council land for such use.

5) If the local council concede there to be a shortfall of allotments in a defined area do they have the authority to insist that any un-used part of privately owned allotments be sub-divided and made available for rental, controlled directly or indirectly by the council.

An early response would be greatly appreciated.

Regards.

Brian Firth.