Argyll and Bute Council None proposed. These do not require further legislative change.

Transcription

1 Council Responses CERB 2013 Council Response Question 31 Response Question 32 Aberdeen City Council The current legislative framework for allotments spans nearly 100 years and across several Acts. The terminology / definition of allotments lacks clarity across the Acts- both in terms of what an allotment is and its size. The exact regulative framework governing allotments is also not always clear,i.e what exactly are regulations in terms of local authority management of allotments. Ideally, the legislation would be brought up to date to clarify these points, perhaps included in a process of consolidating the legislation. In addition the Allotments legislation from 1892 is not in accordance with the usual repossession or debt recovery procedures. Instead, there is a complicated timetable for arrears cases. The rent must be 40 days in arrears, the Authority must give 12 month s notice, to expire in the winter season (between November and May). Rent cannot be demanded more than quarterly in advance and the small amounts due make this difficult and disproportionately costly for an Authority s Finance Services to administer. All these matter give difficulty in managing allotments efficiently and effectively. This would be an opportunity to consider and review the powers of Authorities to manage allotments. Failure to look after an allotment, use of the allotments for unsuitable purposes (there are many complaints of use allotments for pigeon lofts etc.), and the ability to resume possession of allotments where they are not being productively used should all be simpler and quicker, especially for lack of good husbandry). Such measures would address complaints by existing allotment holders. In addition to the above, (Q31) the notion of allotments is somewhat dated. The concept of allotments was appropriate at the time of their definition in the 1800 s to serve the urban poor. However, we live in a much more open, dynamic and innovative society and there are also now many initiatives that seek to deliver the outcomes that allotments were originally designed to deliver. The current framework for local authority is quite prescriptive, leading to it being restrictive. It is right to maintain an adequate legal framework for local authorities that seeks to ensure local provision of green/open spaces for food growing where the need /demand exists. But, exactly how that could be delivered, and by whom, should be more flexible and open to local need/design. There is a need for more thought at a national level on how exactly this could be achieved by having a conversation between the relevant expertise on allotment / community growing as well as asset managers, community development, health interests etc Argyll and Bute Council None proposed. These do not require further legislative change. City of Edinburgh Council The powers and obligations vested in the Council are to be found in the Allotments (Scotland) Acts of 1892, 1922 and 1950 and the Land Settlement (Scotland) Act The 1892 Act set out the local authorities duties is relation to allotment provision within its area. There is no definition of the term "allotment" other than by size, a person can only be tenant of an allotment or allotments to a maximum total area of one acre. It is clear however that the 1892 Act envisaged an allotment holder keeping farm animals on the allotment. The 1892 Act contains a well defined set of responsibilities, duties and land tenure lease agreements but no time frame for councils to fulfil these. Where representations are made by local residents to the effect that the Council needs to take action in terms of 1892 Act the Council is obliged to take these representations into consideration. Whether through enquiry following on such representations or through other means the Council concludes there is a demand for allotments it is obliged to acquire any suitable land which may be available- to be let as allotments to local residents. It is the lack of a

2 Dundee City Council East Ayrshire Council The 1922 Act introduced the concept of the allotment garden. This is a smaller area of ground to be used mainly for the cultivation of vegetables for consumption by the allotment holder and his/her family. It would be helpful if a new act could define the size and use of an allotment garden (or plot). There do not appear to be any 1892 defined allotments of one acre in Scotland nor a desire/demand to keep livestock. The 1922 size definition of allotment garden is 40 poles. A new Allotments & Community Food Growing Act could bring things up-to-date by using metric measurement and limiting use to the growing of fruit and vegetables. However, to encourage pollination and allow the production of honey it should also allow the siting of bee-hives on allotment plots where these are deemed appropriate to the site. No local issues have been identified regarding legislation in this are. Greater consideration has been given to providing opportunity through the identification of land suitable for this purpose. The Council has developed a policy relating to allotments and is currently in discussion with two Groups regarding the lease of land for the creation of individual allotments. It is believed there are no issues associated with the existing legislation which may impact on these proposals. time-frame that is being used as a "loop-hole" by many councils to effectively stop the creation of allotments to meet demands. This loop-hole needs to be closed with an agreed period of time between community representation and construction, or perhaps through a legal obligation of plots per head of population or on the waiting list. Other than these matters, it is the lack of implementation of the Act, rather than the Act itself that is its principal problem. This is partly a reflection of its age, perhaps a new Act will put Council responsibilities to provide food-growing back on the agenda of local authorities. The Bill could bring things up-to-date by using metric measurement and limiting use to the growing of fruit and vegetables. It is clear that the 1892 Act envisaged an allotment holder keeping farm animals on the allotment. However, to encourage pollination and allow the production of honey it should also allow the siting of bee-hives on allotment plots where these are deemed appropriate to the site. Allotments are not for everyone, many communities/people finding that other Grow-Your-Own initiatives provide better food-growing models. As a key barrier to GYO initiatives is access to and security of tenure over land, the proposed community asset transfer/lease/right to buy provisions in the Bill could help to deliver this need, by putting certain areas land under community control. CEC would therefore support these measures where they pertain to community food growing land uses. There could be regulations allowing a local authority or community to take on a vacant/derelict piece of ground to provide temporary (or meanwhile) uses - including food-growing subject to suitable safeguards However it should be recognised that this may involve financial and community investment in the use of the land, which may lead to potentially community difficulties when and if the land use requires to be changed at the discretion of the landowner Short term leases could be provided for this purpose on the basis that it is better to use land that is not required at the moment for development for community use. It would be beneficial to explore the extension of legislation around allotments to include green open spaces in order to encourage greater community management and use of this community space including the development of community gardens and recreational amenity areas.

3 East Dunbartonshire Council East Lothian Council Updating and simplification of the legislation would be helpful both for the local authorities in order to clarify its responsibilities and for allotment holders. In the current legislation if there is a demand for and an opportunity then a local authority can, if it so wishes, provide allotments, but it does not have to. Where the opportunity has arisen, East Lothian Council has taken measures to provide allotments in accordance with statute. There should not be a specific timescale for allotment provision or specific number per head of population. There is too much local diversity of availability of land for this to be achievable. Simplification and updating the legislation would be helpful to communities considering taking forward their own projects. Any proposed obligation upon public bodies to provide allotments would have to take into account the availability of suitable land and planning restrictions, especially in urban environments. One option requiring consideration would be that Councils are required to set aside a very small percentage of their open space (cultivated land) for growing projects. Such an option could be considered through the consultation on the Local Plan Planning Policy could require the Local Development planning process to identify suitable land for allotments in each community. This could form part of the Local Development Plan consultation process. Possibly, there could be a requirement within planning legislation for developments of over a certain size to provide space for grow your-own projects. This does not just have to be in housing developments but would include business parks, industrial estates etc. East Renfrewshire Council Existing legislation is appropriate Legislation should allow such projects to be promoted on suitable sites. Falkirk Council Send our SASDG Glasgow City Council None at present. Discussions between Glasgow Allotment Forum and Land & Environmental Services, in developing an Allotments Strategy, have identified a clear need for Allotments Legislation to be updated. The legislation is years old, and that this results in a lack of clarity when local authorities are looking at Allotment law in the context of more recent legislative requirements (planning law; community planning legislation; and the national community empowerment, sustainability and health agendas). Legislation in relation to allotment should be updated as follows to reflect current needs and economic conditions. Any review/changes should take into consideration: Alternative models of community based growing food None at present. However, it would be helpful to have some national research on the demand for provision of allotments, with advice on, for example, community food growing projects, provision of new ones, size, layout, site suitability, constraints with regard to previous land use, and design. Glasgow City Council via its Stalled Spaces Initiative has become a successful model in the delivery of grow-your-own and various other themed initiatives. Over the past two years community projects have benefited by this approach. Across the City fifty projects have assisted amounting to 15 hectares of land being brought back into temporary community use. Much of this is in private ownership communities rely on the goodwill of landowners to enable use on a temporary basis and, to a certain extent, the intervention/facilitation by the local authority. Legislation could usefully be brought forward to assist communities in accessing/using vacant and/or derelict land for a variety of temporary uses, where the landowner has no immediate plans for its use. This

4 The Highland Council projects. Needs of our communities linking to health & wellbeing and carbon reduction. The protection of allotments sites. The provision of allotments or, at least, the provision of land by local authorities to allow communities to own, develop and manage an allotment project. Highland Council s support for allotments has seen 11 new sites established since 2007, a significant addition to the 6 sites in place before In the current programme, we aim to add further sites by Our programme also includes encouragement of community growing and we will be reviewing how we can support grow-your-own initiatives as well. Highland Council s allotments policy takes an asset-based approach to increasing allotment provision and realising the benefits for health, environment and communities. It aims to support allotment groups whether they are establishing sites on our own land that of our public sector partners or land held privately. In addition to the increase in allotment sites, the main objectives of our allotments policy are to increase biodiversity, promote the health benefits of allotments and to empower communities to establish and run allotments themselves. These were reported on in March The report can be seen at the following link: would need to include measures which would safeguard the rights of the landowner to use the land, as and when options for its re-use come forward. In terms of the planning system, the possibility of introducing a condition on a planning consent which would provide for the use of the site in question by the community (e.g. growing, art space etc) if the consented development hasn t commenced within a set period from the date of the planning permission being granted (e.g. 24 months) could be considered. As with above, this would need to include measures which would safeguard the rights of the landowner to proceed with the planning permission when circumstances became favourable to do so. Additionally, some consideration as to, in what circumstances temporary or permanent allotment provision might be considered, permitted development might also speed up the process for communities taking such projects forward. Further consideration should be given to the principal of Common Good, as it might provide a constraint upon local authorities leasing certain open spaces to third parties, even when that third party is a community group rather than a private concern. Some consideration of Common Good law, within the context of community empowerment, might assist communities in bringing forward such proposals. Apart from the issues discussed in the answer above, allotment legislation is sufficient and within the existing legislation, Highland Council has significantly increased the provision of allotments and will continue to do so. However, to encourage grow-your-own projects which do not fall within the current definition of allotments, it would be beneficial to include community food growing projects, which are not based on allotting plots of land to individuals, within a new definition.

5 4A60-806E-68003CD25B72/0/Item5racc912.pdf. At present, there are 225 allotment plots on Highland Council land and a further 120 plots on other land, with a waiting list of 154. We note that providing allotments within a specified timeframe may be proposed. This would ensure that demand is satisfied within a reasonable timeframe. There is, however, the potential to create a bottleneck on implementation of such a requirement. For example, Highland Council currently has demand for allotments which would require 22 new sites to satisfy. This number of sites is driven by the geographical separation of the communities requiring allotments. To provide all 22 sites within a single timeframe would present challenges and we would recommend that provision is made to account for this if timeframes for provision are introduced. The time taken to establish a new allotment site varies but is typically a minimum of 2 years from the point at which sufficient demand has been identified. Our recommendation would be to require that a minimum of 4 sites should be established simultaneously per Local Authority area. In instances where no suitable land is available under local authority ownership and other landowners are unwilling to lease or sell land, the costs of compulsory purchase can be high, especially if there is opposition to the purchase. If these costs are passed on to the allotment holders, they may affect the viability of the project. Simplifying the process of compulsory purchase in these circumstances would be helpful. Consideration should also be made to provide allotments on the basis of demand rather than by a prescribed number per head of population. Demand varies over time and between different areas, and provision needs to be able to reflect that variation. Provision of land for food growing could be supported by including community gardens, where they are used for growing food, and other community gardening projects within the definition of allotments and within any quota for provision. It would need to be clear from the definition of allotments, whether those provided by private landowners were included in a local authority s obligation to meet any quota Inverclyde Council No proposals to amend legislation. No suggestions for measures to support grow your own. Midlothian Council

6 North Ayrshire Council Comment check Disposal Government Land statement is this true? The Allotments (Scotland) Act of 1892, 1922 & 1950 and the Land Settlement Act 1919 which identifies how allotments can be provided and managed is outdated and not fit for purpose. There are a number of more recent pieces of legislation and guidelines that are more relevant today that would enable communities to establish allotments and community gardens and these can be used to inform and support this proposed Bill. Current legislation and guidelines that could inform or support the new Bill are as follows: The Local Government Committee Inquiry into Allotments in 2003 recommended that the use of allotment provision should be considered in future planning guidelines. As a result of this concern the Scottish Government incorporated reference to the protection and provision of allotments within the Scottish Planning Policy SPP11, Physical Activity and Open Space. This policy cites statutory equal opportunities obligations should be taken into account in planning for open spaces and physical activity, including the duties under the Disability Discrimination Acts of 1995 and 2005 to promote disability equality. The Local Government (Scotland) Act 2003 Powers to Advance Well-Being encourages local authorities to respond to the needs of the communities and to work in partnership. This piece of legislation can be used as a means to furthering allotment provision. Allotments in Scotland: Guidance Notes for Scottish Councils (CoSLA 2007) give further guidance on Councils legislative powers to acquire, manage and develop land for the purpose of allotments. The Allotment Act as it stands identifies that if local authorities don t have land they can force others to sell land. This is managed today through Compulsory Purchase Orders. If land acquired in this way is given up by the community group/allotment society and in effect becomes surplus to the Council s needs the land would be managed through the Disposal of Surplus Government Land and the Crichel Down Rules. This means that land was compulsory purchased would be offered back to the former owner or successors. A similar type provision exists within the Allotments (Scotland) Act of North Ayrshire Council makes provision for allotments and would not wish any additional burden to be placed upon local authorities to manage allotments directly. An Allotment Policy, as is currently in place at NAC, is the appropriate mechanism for this. North Lanarkshire Council No comment No comment Orkney Islands Council Perth and Kinross Space for allotments should be protected from closure or, where they must be closed to facilitate other projects, adequate replacement should be made for those closed at another nearby location. This will protect the number of allotments rather than see them decline in number. The legislation needs to be amended to provide communities with more power to identify and take forward appropriate sites for allotments. In addition it needs to support easier transfer of land, for example through the Housing Revenue A requirement for Councils to identify land for this purpose if it is requested by a community. This may ensure that Councils could take a proactive lead role in working in partnership with community groups to identify suitable areas. Planning legislation could include a presumption for the transfer of unused land to allotments; currently some land owners are reluctant to release land in and around settlements where they may have future development potential. Also some allocation of land during the

7 Renfrewshire Council Account. At present the process is very laboriousinvolving letters to Ministers, etc. There is currently a duty on Local Authorities to provide allotments at a time when resources are over stretched and reducing. The onus should be on the community to develop their own allotments but with the assistance and support of the Local Authority who should have powers to help including allocation of land. The principal legislation relating to allotments dates back to 1892.There is also a COSLA Guidance Note for Scottish Councils on Allotments. There probably hasn t been any need to address the legislation due to the use of allotments dwindling after the second world war. The Allotments (Scotland) Act 1892 needs to be repealed and completely new legislation drawn up. This new legislation should reflect the roles and resources of local authorities in the 21st Century rather than the 19th Century. It is completely unrealistic to expect Councils to set up and directly manage allotments in every community where a coordinated campaign is effective enough to result in 6 letters quoting the provisions of the 1892 Act. In addition the new legislation must recognise how much society and communities have changed in the 130 years since the existing legislation was enacted. It should be couched in terms of placing duties on Councils to assist community groups to identify, locate, secure tenure to, develop and manage their own community growing spaces. However, due to the current economic climate, it is likely that demand for spaces to grow food locally will increase. Therefore, it is the correct time to consider reviewing the legislation. As the legislation currently stands a number of requirements are placed on local authorities. Councils have to consider representations received from 6 or more residents requesting that the Council takes action to provide allotments. If following enquiry, the council concludes that there is a demand for allotments, the Council is required to acquire any suitable land that may be available. Councils are given compulsory purchase powers for this purpose and the power to carry out improvement works to land to be used as allotments. If the council provides allotments, it must have allotment regulations setting out the conditions on which allotments are provided eg rent and period of let and these regulations must local development plan process would be helpful should community groups wish to come forward. If local authorities are wishing to dispose of land to reduce their asset liabilities, there should be a process to make that simple for example a block planning application or permitted development rights to change the land to allotments or to community groups for grow your own. Individual site applications are costly and time consuming The legislation could be extended to include powers for local authorities to either release its own stalled land for community growing purposes or to temporarily gain rights over privately owned land which has been on the Vacant and Derelict Land Schedule for extended periods but which shows no likelihood of being developed and is suitable for growing purposes. It would be helpful to have something in the process that communities need to go through make it incumbent upon the local authority or other public sector owner of land to make the process straightforward and clear. Issues to be addressed include: The need to ensure that future development opportunities are not compromised. Responsibility and resources required for management and maintenance implications e.g. insurance, water rates, access, rental/lease agreements etc. Securing water supplies to vacant sites for community growing projects is excessively complicated at present and Scottish water seem to be very uncooperative. Lease lengths need to match the requirements stated by the main grant aiding organisations, perhaps years. Public bodies perhaps need to have stipulated duties to identify sites for community growing projects proactively, rather than just wait for community groups to come to them with requests to grow on specific pieces of ground?

8 Scottish Borders Council South Ayrshire Council be approved by the Scottish Ministers. That latter requirement should be removed as unnecessary. Any change to the legislation could provide for councils to act in a more pro-active way to identify suitable sites rather than to wait to be approached by residents. This could be part of the council s asset strategy. There could be a duty to gauge local demand for allotments and to then consider the extent to which that demand can be met.this could be expressed as part of a duty to bring forward a strategy to make land available for community use, including allotments. It should also be made possible for councils to allow associations of tenants to manage their own area of allotments. Consideration should also be given to protecting existing allotment sites from alternative developments. The Planning Act already contains a definition which includes activities such as horticulture, fruit growing, seed growing, market gardens and nursery grounds i.e. agriculture. If a new category for allotments was to be introduced, a change to primary legislation would be required. None needed. In our view the best approach is to treat allotments as community asset transfers (see answer to question 22) in which appropriate land owned by the public authority is either leased or transferred at nominal sums to allotment associations, who in turn at their cost create the allotments (obtain planning consent, provide fencing, paths, water and electricity supply etc) and thereafter manage them, allocating allotment plots to individual allotment holders. A number of operational issues may be resolved through legislation or through local lease arrangements e.g. where plot holders wish to have livestock/animals (chickens, pigs, bees etc) on their plots. Various issues could arise from animal keeping that could raise health and safety, allergies to bee sting or situations where animal food would attract vermin. Planting a tree at an allotment can cause tree roots to spread under the plot, making it impossible for the next plot owner to grow any vegetables in the nearer future. Waiting lists and reallocation of plots should be transparent; however local authorities have to protect personal details of people who put their names on waiting lists. If a plot holder dies, rules are needed on whether a plot should be inheritable (spouse or None needed see answer to 31. We support grow your own projects and would welcome their continued development. A legislative approach seems unlikely to be fruitful.

9 Stirling Council West Dunbartonshire Council West Lothian Council Western Isles Council Comhairle nan Eilean Siar children) or if joint tenancies should be allowed, and who could qualify for a joint tenancy. Legislation should be relaxed to enable new allotments to be set up on appropriate vacant land owned by the Council, in consultation with communities and taking into account any local development plans. From its perspective, West Lothian Council is not aware of a requirement to change existing legislation on allotments. N/A to Outer Hebrides No The main measure that could be considered for inclusion in legislation to support communities taking forward grow-your-own projects would be the use of appropriate temporary spaces whilst more permanent spaces are being identified. From a local authority s perspective, it is important that temporary sites are regulated and do not inhibit future alternative use and development. N/A to Outer Hebrides