Stopping Your Allotment From Being Sold By The Council

To stop your allotment from being sold by the council, you'll need to understand the relevant legislation and local policies, and potentially involve the Secretary of State. Councils need consent to dispose of statutory allotment land, and you can push for them to make adequate provision for displaced plot holders. You should also ensure that the council is following proper procedures, including consultation with plot holders, and explore alternative options like finding a replacement site. 

Here's a more detailed breakdown:

1. Understand the Legal Framework:

·         Allotments Act 1925:

This act requires the consent of the Secretary of State (in England) for a council to dispose of statutory allotment land for other purposes. 

·         Conditions for Consent:

The Secretary of State must be satisfied that adequate provision is made for displaced allotment holders or that such provision is unnecessary or not reasonably practicable, according to the Allotment Act 1925. 

·         Council's Obligations:

Councils should have procedures in place for handling allotment disposals, including consulting with plot holders before applying for consent. 

2. Engage with the Council:

·         Review Documentation:

Familiarize yourself with your tenancy agreement, site policies, and any relevant council documents related to allotment management. 

·         Seek Clarification:

If you're unsure about the council's plans, request information about the proposed sale and the reasons behind it. 

·         Formal Complaint:

If you believe the council is acting improperly, document your concerns and consider making a formal complaint. 

·         Negotiation:

Engage in discussions with the council, potentially with the help of an independent mediator, to explore alternative solutions. 

3. Explore Alternatives:

·         Replacement Site:

If the council is selling your allotment, inquire about the possibility of securing a replacement site of similar size and quality, within a reasonable distance.

·         Alternative Uses:

If the council is considering alternative uses for the land, explore whether a portion of the land could be retained for allotments. 

4. Consider Collective Action:

·         Group Involvement:

If other plot holders share your concerns, consider working together to present a united front to the council.

·         Seek Support:

Explore whether your local allotment association or a regional representative/federation can offer support and guidance. 

5. Seek External Help:

·         Secretary of State: If you believe the council is acting against the law or without proper regard for allotment holders, you can raise the issue with the Secretary of State. 

·         Legal Advice: If necessary, seek legal advice to understand your rights and options. 

 

By understanding the law, engaging with the council, exploring alternatives, and potentially seeking external support, you can increase your chances of stopping your allotment from being sold or ensuring that adequate provision is made for displaced plot holders.