Allotments: further guidance for local authorities: analysis of consultation responses

Section 110. Offer to lease allotment

This section has the effect that a person on a waiting list is entitled to wait for a standard allotment of approximately 250 square metres or a smaller size (a "specified area") if it is requested. The standard allotment plot should be considered as 250 square metres plus or minus 5%. When a lease if offered for an allotment, the potential tenant should be made aware whether the land is leased rather than owned by the local authority, as different procedural requirements apply in relation to termination (see sections 128 and 129).

Q1: To what extent do you agree with this statement? [strongly agree / agree / neither agree nor disagree / disagree / strongly disagree]

226

100%

Comment

97

43%

Section 111. Duty to maintain list

This section places a duty on local authorities to produce and manage a waiting list in relation to the requests it receives to lease an allotment that the authority owns or leases. Where a request is submitted jointly, this should be regarded as a single request for the purpose of the waiting list and the first named person on the request should be considered the lead person (and will count as one person for the purposes of the duty in section 112). The form of the list is to be determined by the local authority but it should include the following:

Name of lead person

Address of lead person

Special requirements

Size of allotment requested, if specified

Information about distance from nearby allotment sites

Date added to the list

Q2: To what extent do you agree with this statement? [strongly agree / agree / neither agree nor disagree / disagree / strongly disagree]

224

99%

Comment

81

36%

Section 112. Duty to provide allotments

This section places a duty on local authorities to take reasonable steps to ensure (1) that the number of people on their waiting list does not exceed half the total number of allotments owned and leased by the authority; and (2) that a person on the list does not wait more than five years for an allotment. In respect of (2), as agreed during the passage of the Bill, that part of the duty will take effect later than the rest of Part 9. For local authorities which do not, when section 112 comes into force, own or lease any allotments, this duty applies when there are 15 people on the waiting list maintained under section 111. For local authorities which already own or lease allotments when the section comes into force, the duty applies when only one person is on the waiting list.

Subsection (4) provides that local authorities must have regard to the desirability of making available allotments that are reasonably close to where people on the relevant authority's waiting list reside. There is no definition of "reasonably close" but as a guide, allotments within a 5 mile radius, or within a 30 minute journey on public transport from where people on the waiting list reside is considered reasonably close.

Q3: To what extent do you agree with this statement? [strongly agree / agree / neither agree nor disagree / disagree / strongly disagree]

224

99%

Comment

114

50%

114. Access to allotment and allotment site

This section places a duty on local authorities to provide reasonable access to allotments and allotment sites that it leases to tenants. Reasonable adjustments should be made in order that all tenants, including those with a disability, have physical access to their allotment plot.

Q4: To what extent do you agree with this statement? [strongly agree / agree / neither agree nor disagree / disagree / strongly disagree]

225

100%

Comment

72

32%

115. Allotment site regulations 116. Allotment site regulations: further provision

Section 115 places a duty on local authorities to publish allotment site regulations within two years from the date this section comes into force, and section 116 makes further provision about the procedure local authorities are to follow in making such regulations. Local authorities should have consulted widely with relevant stakeholders within their areas prior to publication of new regulations. In preparing their regulations, local authorities should take into consideration any existing allotment site regulations already in place at independently managed sites.

Q5: To what extent do you agree with this statement? [strongly agree / agree / neither agree nor disagree / disagree / strongly disagree]

226

100%

Comment

78

35%

119. Duty to prepare food-growing strategy

When developing their food-growing strategies, it would be good practice for local authorities to consult, wherever possible, with Grow-Your-Own communities within their areas to understand how best to offer Grow-Your-Own opportunities and to assist with managing waiting lists.

Q6: To what extent do you agree with this statement? [strongly agree / agree / neither agree nor disagree / disagree / strongly disagree]

226

100%

Comment

88

39%

120. Duty to review food-growing strategy

As part of the review of the food-growing strategy, the local authority should compare the total number of people on their allotment waiting list with the total number of allotments in their area. They should also look at the length of time a person has been on the waiting list. If the number of people waiting for an allotment site is more than half the total number of allotments, or the person on the list has waited longer than 5 years to be offered an allotment, the local authority should make changes to their food-growing strategy and look at increasing Grow-Your-Own opportunities within their area.

Q7: To what extent do you agree with this statement? [strongly agree / agree / neither agree nor disagree / disagree / strongly disagree]

223

99%

Comment

98

43%

123. Delegation of management of allotment sites

This section allows a person (usually an allotment association) to request to take on some of the functions of a local authority. The functions that may be delegated are clearly described in section 123(3). If an authority agrees to delegate functions to a person, consideration should be given to whether a reduction in rent might be warranted.

Q8: To what extent do you agree with this statement? [strongly agree / agree / neither agree nor disagree / disagree / strongly disagree]

225

100%

Comment

86

38%

124. Promotion and use of allotments: expenditure

This section provides a specific power for local authorities to incur expenditure for the purpose of promoting allotments in its area and providing training to allotment tenants and potential tenants about the use of allotments. In exercising this power, local authorities should consider how best to promote allotments in their area. This can include linking with organisations such as health boards and housing associations to encourage non-growers to visit allotment sites in their areas in recognition of the wider benefits growing food has in our communities.

Special consideration should be given to how best to engage with communities in areas of multiple socio-economic disadvantage.

Local authorities should use waiting lists to understand the demand for allotments in their areas and may choose to offer funded training to those on the list who are going to be offered a lease. This will ensure that newly awarded plot-holders have the skills to begin growing their own food.

Q9: To what extent do you agree with this statement? [strongly agree / agree / neither agree nor disagree / disagree / strongly disagree]

225

100%

Comment

97

43%

Further Guidance

Q10: Do you think we have captured all those sections, relating to functions of local authorities that require further guidance?

218

96%

Comments

63

28%