LITTLEHAMPTON ALLOTMENT  & LEISURE GARDENS ASSOCIATION

Affiliated to the Royal Horticultural Society and the National Society of Allotment

   and Leisure Gardeners Ltd.

 

 

Home

 

 

 

 

 

 

 

 

 

 
 
headoffice

legal

Allotments : Provision and Letting (England & Wales)

(Part 2 of an occasional series on the Allotments Acts 1908 - 1950)).

On several occasions I have been party to a telephone conversation, part of which has been "I wasn't aware that there was a NSALG".

I am comforted by the fact that NSALG was (and I was) mentioned by name in Parliament, in a Debate on Allotments in Westminster Hall, House of Commons, on November 5th 2008 - of all days ! NSALG was quoted by John Leech, LD Member for Withington, Manchester, as follows :

"In strict Legal theory, if there be a single person on a waiting list for an allotment, the municipal authority in quo is in breach of the provisions of section 23 subsection (1) Small Holdings and Allotments Act 1908 in respect of provision and letting of allotments ".

It is not generally known that the obligations of provision and letting of allotments which s.23 (1) imposes are absolute : they admit of no argument, challenge or defence. Authority for this seemingly provocative statement derives from the provisions of section 25 Small Holdings and Allotments Act 1908. This section confers powers of compulsory acquisition of land for allotments on municipal authorities.

Clearly, from the foregoing, compulsory purchase of land for allotments is an option, but not an option, generally speaking, favoured by NSALG. Where land is to be acquired compulsorily for allotments, the compulsory hiring of land, provided for in section 39 subsection (2) of the Act of 1908 is preferred. The minimum period during which a compulsory hiring may run is 14 years ; and

we are all well aware that a great deal can happen in such a time period. Moreover, the Landlord Paramount retains a reversionary interest in the land so hired, which is the principal reason for this preference.

The question is begged, however :

"What happens if a municipal authority fails or neglects (for whatever reason) to provide and let within s.23 (1) ?"

`What, indeed' is the short answer to this question. There are no sanctions in the Allotments Acts 1908 - 1950 which can be brought to bear on a recalcitrant allotments authority in Breach of Statutory Duty - a point which was neatly 'side-stepped' by the Minister in the Westminster Hall Debate ! We are left to seek what relief we may ; and for once the Legal Maxim ubi ius, ibi remediem - where you find the Law you find the remedy - seems sadly lacking in force.

There are, I think, two potential remedies which might obtain against a municipal authority unwilling to fulfil its Statutory obligations under s. 23 (1) ; one potential remedy in Substantive Law and one in Procedural Law. Neither is straightforward or simple, and so I propose to deal with these as Part III of this occasional series, in Issue 1/2009. "Allotment and Leisure Gardener".

Bryn Pugh BA (Law) LL.M., Legal Consultant, NSALG