QUOTE (blackdog @ Jun 8 2013, 10:51 AM)
How do the planning laws affect the situation - does provision of an alternative site overcome the normal protection of allotments? Do privately owned allotments have the same protection as local govt owned sites?
There are two levels of protection for allotments: land that councils acquired specifically for allotments have the highest protection (under Section 8 of the Allotments Act 1925) and can't be sold or used for anything else without the permission of the Secretary of State. Private allotments never have this level of protection. The weaker protection is from Planning Policy Guidance 17, which doesn't exactly protect sites but it does mean that alternative provision has to be provided if allotments are to be developed.
QUOTE (blackdog @ Jun 8 2013, 10:51 AM)
The parish may have the power of compulsory purchase - but they are unlikely to have the cash. Were they to decide to use this power how much would they have to pay? As building land they must be worth big money, as allotments relatively little.
Councils always seem to get confused about this. They do indeed have the power to buy the freehold, but as you say the capital investment can be high. The much more useful power is the one to compulsorily rent the site - the only capital cost is the legal fees, and I have a feeling they're borne by the county - it's a power the parish ask the county to exercise on their behalf.
There's a statutory procedure for arriving at the right rent, but as I understand it the power allows the council to rent the land at a value that reflect the land's present use - so it's not renting a potential building site, it's renting an allotment site. If the planning authority had already passed plans for developing the site then that would likely change the valuation, but because of PPG 17 the planning authority can't actually pass those plans until the allotments have been accommodated, and the allotments can't be accommodated until the developer agrees to rent them to the parish.
That said planning isn't my thing and it's possible that PPG17 doesn't apply now, and that would change the situation.
However, don't forget that a parish council has a positive legal duty to provide sufficient allotments - it's actually the
only duty on a parish, and most ignore it to some degree, but a parish doesn't have any choice but to provide sufficient allotments - and sufficient means enough plots for everyone who wants one to have as big a plot as they want - so no rationing, and no waiting lists!
QUOTE (blackdog @ Jun 8 2013, 10:51 AM)
Any idea where they are proposing to site the replacement allotments?
I don't know.