4.45 pm
The Parliamentary Under-Secretary of State for Communities and Local Government (Mr. Sadiq Khan): I would like to begin by thanking the hon. Member for Manchester, Withington (Mr. Leech) for raising the important issue of allotment provision in this debate. I would also like to thank the hon. Member for Croydon, Central (Mr. Pelling) for his short but useful contribution.

Allotments are valuable green spaces, as has been said, and they provide many great benefits for communities. They play a vital role in connecting people to the process of food production and in promoting healthy eating. As was said during an intervention, there has
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been a revival in interest in “growing your own” fresh and cheap food, while reducing food miles. It may be a century since the Small Holdings and Allotments Act 1908 was passed, but allotments continue to provide benefits to their communities and to grow in popularity.

It has been commented that the age profile of allotment holders is growing younger. As far as allotments are concerned, I remember Arthur Fowler in “EastEnders”. Although we do not have statistics on the age profile of allotment holders, we know from anecdotal evidence that, for the reasons that I have given, allotment users and those on the waiting list for allotments are getting a lot younger.

For many years, the Government have recognised the importance of allotments. The provision of allotments and their protection is set out in statute, as has been said, and my Department also offers guidance. However, I need to say at the outset that the provision of allotments is the responsibility of local authorities. Someone either believes in devolution or they do not; we believe in it. We believe that it is right and proper for local authorities to be in charge of the provision of allotments and for them also to be charged with the task of being responsible for allotments.

Mr. Leech: I accept that point about devolution entirely; I am a strong believer in devolution. However, does the Minister not accept that, even within the devolution framework, local authorities must work within their statutory duties?

Mr. Khan: I accept the point that the hon. Gentleman is making, but he needs to be quite clear. During his short speech, he said that he wanted guidance, action and compulsion. That makes me nervous, as someone who believes in people power at the lowest possible level. I was not clear if he was suggesting that the Big Brother state in Whitehall should step in and intervene on every single local authority to bring court cases and court challenges. Is that the policy of his party?

Mr. Leech: I was not for one second suggesting that the Government need to go with a two-footed approach to this issue. All I was saying is that, if local authorities are ignoring the guidance and the legislation, ultimately the Government need to take some additional action if local authorities refuse to abide by their statutory duties.

Mr. Khan: Before I continue with the rest of my speech, I think that the hon. Gentleman and those reading the debate need to be clear about the role of Government and the separation of powers. We pass laws and make legislation, but a good question, one that is worth asking, is who enforces those laws? We empower citizens to have rights to bring actions, if they need to do so. During the course of my short response, I hope that he will see that there is already sufficient guidance and legislation if constituency MPs and councillors wish to utilise them. I shall refer to that guidance and legislation further during my short contribution.

Of course, the hon. Gentleman is right to say that section 23 of the Smallholdings and Allotments Act 1908, as amended, places a duty on local authorities, except for inner-London boroughs, to provide allotments where they consider that there is a demand for them in their area. If a local authority is of the opinion that
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there is such a demand, they are required to provide a sufficient number of allotments for letting to those residing in the area who want them. The community can and should influence the provision of allotments. Written representations may be made to the local authority on the need for allotments by any six resident registered electors, or persons liable to council tax, and the local authority must take those representations into account. That is provided for in section 23(2) of the 1908 Act. It is for the council to decide whether there is a demand for allotments in its area, and it has a statutory duty to provide a sufficient number of plots.

The hon. Gentleman has rightly pointed out that the legislation is more than 100 years old, but we do not believe in scrapping legislation simply because it is old, especially if it is good after amendment. The legislation means that allotments are uniquely protected. Under section 8 of the Allotments Act 1925, allotments cannot be treated as previously developed land. That makes it very difficult to dispose of or build on them. A council may dispose of an allotment only in exceptional circumstances, if it can fully justify to the Secretary of State, against robust criteria, that there is a need for a change.

We have discussed the roles of Government and Parliament. Our role covers disposal, and there are robust criteria for the Secretary of State to use when a local authority wishes to dispose of allotments. If the hon. Gentleman has an example in which his local authority, or a local authority near to him, has disposed of an allotment, I will be happy to ask my right hon. Friend to look into that.

Our guidance on open spaces supports the legal framework, and in 2002 we sought to strengthen protection. In 1998, a Select Committee inquiry into allotments concluded that the criteria for assessing the disposal of statutory allotments were too weak. As a consequence, they were strengthened and reinforced in 2002 by the revised planning policy guidance note 17 to ensure that the community’s need for the allotment in question would be taken into account, and that it would be considered surplus to need. That has had the impact of slowing down the loss of allotments. So, there was legislation in 1908 and 1925, a Select Committee report in 1998 and Government guidance in 2002, and far fewer allotments have been lost as a result.

Through PPG17 and planning policy statement 3 on housing, the planning system provides a robust framework for the protection and provision of all types of open space, including allotments. PPG17 advises local authorities to provide for all types of public open space. It expects them to undertake robust assessments of local need, to audit existing open space and to establish standards for new provision. Local authorities should use that information to plan how to meet their population’s future needs and to place standards of provision in their development plans. I hope that when local authorities prepare development plans, they will take into account the fact that younger men and women want to use allotments, perhaps as part of a lifestyle choice.

Mr. Leech: The Minister misses the point when he talks about the Government having strengthened the legislation to prevent the further sale of allotment sites.
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I accept that the legislation has been improved in that respect, but no action has been taken to deal with increased demand and the need for more allotments. This is not simply about preventing their loss.

Mr. Khan: I note the time and the tenor of the debate, Mr. Cook, and I do not want to cause offence, but I inevitably will. The hon. Gentleman cannot have it both ways. He does not want a Big Brother Government, but he wants us to intervene. He and his colleagues complain about developments on the green belt, but there is a demand for housing and finite space. Last time I checked, we were an island. He thinks that we should demand that local authorities provide more space for allotments because of demand, but supply and demand work in funny ways.

We believe in devolving powers down to local authorities, and that councillors—I used to be a councillor, and so did the hon. Gentleman—are the right people to devise and decide on development plans. I believe that communities have the skills, the advocacy and the intelligence to elect councillors who will deliver on local community’s needs. I do not believe that the Government, including those of us who are based in Whitehall and are not connected to Manchester because we are MPs for places such as Tooting, are the best experts to decide what should go on in his area.

If the hon. Gentleman’s points prove to be properly made and there is sufficient demand to justify the provision of more allotment space over the provision of more housing, schools, community centres or open spaces, he should make that argument to his local authority.

Mr. Pelling: As a south London MP and a former councillor, I agree entirely that it is important to give local authorities discretion. Nothing irritates more than the taking away of such powers. Would it help the Minister, in setting any future legislative framework, if I gave him more detail about the case that I have mentioned? Allegations have been made that the legislation, which we think might be satisfactory, is not being followed, because money is not being transferred in relation to statutory land. Would that guidance help with continuing policy?

Mr. Khan: As a new boy in week five of this job, I welcome advice, and I would be keen to look into such examples.

As the hon. Member for Manchester, Withington has pointed out, a local authority can use section 106 agreements to get the maximum possible planning gain for the local community. He has given good examples from his community in which the local authority has taken advantage of that facility. I repeat that it is the local authority’s responsibility to ensure that allotments are properly provided for and managed.

We have mentioned disposal. The Government and I believe in devolution and that local authorities are best placed to ensure that there is local provision. However, that does not mean that we cannot do anything, or that we will wash our hands of allegations of malpractice or of local authorities not discharging their duties under legislation, not following guidance or not keeping to the spirit of guidance.