Page 7 - ALG Issue 1 2017

Goodbye Farm Terrace
– you will not be forgotten
The National Allotment Society (NAS) would like to praise the Farm Terrace allotment holders for their unstinting efforts in their attempt to save this historic site.
Unfortunately, we were all very disappointed with the judgement made in the recent Judicial Review, heard in the High Court in October 2016 by the Hon Mrs Justice Lang. This unfortunately brings to an end the use of Farm Terrace as an allotment site forever.
In these days when Government concerns are so focused on the health of the nation, we nd it extremely disappointing that Watford Council could not incorporate an allotment site into part of this hospital development. Social prescribing is becoming a more signi cant approach in the management
of health issues. It is unfortunate that the decision has not taken account of this, and the NAS see this as an opportunity lost.
For those members who are not aware of the history, Watford Council rst decided to appropriate the allotments in December 2012. The rst application to the Secretary of State by the Council was made in February 2013. Representatives from the NAS attended meetings in the region and submitted a detailed report to the Secretary of State (SOS) to try and prevent the loss of this historic site.
A decision was made to grant disposal in May 2013 and the NAS supported the Farm Terrace Group in their efforts to have this decision reviewed. Finally, a consent order was made in August 2013 that the SOS would undertake a full reconsideration of the application.
However, in September 2013 Watford Council made their second application to appropriate the land, and once again the NAS supported the group both with reports to the SOS and nancially. In December 2013 the SOS granted the disposal of the allotments once again. That decision was challenged by Judicial Review in early 2014, the results of which were in favour of Farm Terrace Allotment Association, as the Judicial Review was to challenge the decision of the SOS on ve grounds. The judgement for the claimants (Farm Terrace) was only on one aspect that the Council had not noti ed the SOS that the amount of housing on the site had increased signi cantly by the time of the SOS decision, the other four grounds were rejected by the High Court.
In December 2014 Watford Council
made their third application for consent to dispose of the allotment site. The Council were providing alternative land with an improved site and nancial compensation for all displaced allotment holders, whether they were relocating or giving up their plots. However, the application was made using ‘exceptional circumstances’ as all the Policy criteria had not been ful lled. Leading up
to the next decision which came in May 2016, the NAS had commented on a Compulsory Purchase Order for other land not concerning the allotments and a Council update in April 2016, all of which required detailed reports to be submitted by the NAS in support of retaining the allotment land. The SOS decision to dispose came in May
2016. Once again the Farm Terrace Group mounted another challenge, which the NAS supported, both nancially and by providing supporting impact evidence; this was done by the NAS Solicitors/Barristers and as mentioned above, this was heard in the High Court by The Hon Mrs Justice Lang.
Although the decision itself went against Farm Terrace, there are many useful comments within the Judgment that the National Allotment Society can rely on to protect allotment sites in the future. Within this judgement we now have a legal de nition for ‘exceptional’. This judgement has also con rmed that the underlying purpose of the Allotments Act 1925 is to control the disposal of allotment land and that the guidance affords greater safeguards against the appropriation because of the value placed on allotments by the Secretary of State.
It was outlined within the judgement that where the Secretary of State is asked to rely upon ‘exceptional circumstances’, that it is made plain that it is not for the Secretary of State to make out the case but rather it is for the Council to do so.
To ensure that a lot of the experience gained over the last few years is utilised, we are in the process of creating a ‘Campaigning Toolkit’ for our members and this will be available during 2017.
Happy New Year to all our readers.
Liz Bunting
Legal and Operations Manager
Legal
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