Statutory allotments
Statutory allotments are parcels of land acquired or appropriated by the Local Authority specifically for use as allotments. These sites cannot be sold or used for other purposes without the consent of the Secretary of State for Communities and Local Government.
Non-statutory allotments
Non-statutory allotments are on land which is allocated for other uses but leased or rented by an allotments authority. Non-statutory allotments are not protected from disposal in the same way that statutory allotments are.
Selling a statutory allotment site
If we wish to sell a statutory allotment site we must have the consent of the Secretary of State for Communities and Local Government.
The Secretary of State will first want to be satisfied of the following conditions.
- The allotment is either not necessary and is surplus to requirements.
- We have given displaced plot holders adequate alternative sites, unless this is not necessary or is not practicable.
- We have taken into account the number of people on the waiting.
- We have actively promoted and publicised the availability of allotment sites and have consulted the National Society of Allotment and Leisure Gardeners.
Government guidance also requires us to consult with plot holders before we apply for disposal. If the application goes ahead, it will be dealt with by the respective Government Office for the Region.
If the application is successful, and allotment holders are displaced, we are expected to provide one or more suitable alternative sites which should not normally be more than three-quarters of a mile from the centre of demand. They must be suitable for spade cultivation.
If we end a tenancy, the plot holder is entitled to compensation for:
- crops growing on the land in the ordinary course of cultivation;
- manure applied to the land; and
- up to one year's rent.
The Secretary of State's consent is not required for the disposal of non-statutory allotment sites, but we would usually be required to give plot holders 12 months’ notice to quit before the land can be used for any other purpose.
Please note: Bury has no plans to dispose of any statutory or non-statutory allotment sites.
