Under the Freedom of Information Act 2000, please provide me with the the following information:-
1) Provide the status (statuary or temporary or any other recognised definition) of the 8 allotment sites currently managed by Brentwood Horticultural Society.
2) Should the status of any individual site be statuary, please confirm the date when the site was notified to the Secretary of State (or a previous Government department) such that the individual site is confirmed to be provided with protection under
the Allotment Act 1925.
3) Should the status of any individual site be temporary (or other definition) please confirm the future plan and implementation date when the site would no longer be classed as an allotment.
I understand from the Act that I am entitled to a response within 20 working days from your receipt of this request. Some parts of this request may be easier to answer than others. Should this be the
Your request for information has been considered and the Council’s response to your questions is shown below:
Allotments are a statutory function and the Council’s Asset register should be conclusive of the land holding powers. I have referred to the Asset Register details and the Management Agreements for the Allotment sites which are not in the Parishes. Allotments which are in the Parishes and held and managed by the Parish Councils (as transferred by the Local Government Act 1972) - this reply does not refer to such sites. The Council website page on Allotments is in accordance with the Publication Scheme required by the Information Commissioner under Section 19 of the Freedom of Information Act 2000, and the Guidance from the Information Commissioner on Definitions. Your organisation is party to the Management Agreement referred to on the Council Web site for the sites you mention.
The Management Agreement is expressed to be made under the Allotment Acts. This is a legally binding declaration which is consistent with the Council’s asset register. There is no record of any other specific land holding power which might indicate that any allotment site is held temporarily. Of course there are land use policies in the Council’s adopted Local Development Plan which protect open land use, but that is not what you have asked. There is no requirement for the Secretary of State to be notified about allotments in the absence of applications for appropriation or disposal.
The sites need to be managed so that plots are allocated to residents. Allotment holders who are not residents should give up their tenancies if there is unsatisfied local demand.
Statutory allotments only cease to have that legal status after a valid appropriation or sale.