CHAPTER III.

ACQUISITION OF LAND BY ALLOTMENT AUTHORITIES

Councils can acquire land for the provision of allotments and allotment gardens in three different ways:

(i) by purchase or hiring by voluntary agreement ; (ii) compulsorily under an order for purchase or hiring;

(iii) by entry upon land.

Strictly speaking the procedure under (iii) is not acquisition, as the council merely enter on and occupy the land. This power can only be exercised for the purpose of providing allotment gardens.

Acquisition by voluntary agreement.-For the purpose of providing allotments borough, urban district or parish councils may by agreement purchase or take on lease land whether situate within or without their borough, district or parish (section 25 (1) of the Act of 1908).

The form of lease printed on page 18 is equally applicable to cases of voluntary hiring by a council with the omission of paragraph 8.

Under Section 40 (5) of the Small Holdings and Allotments Act, 1908, a person having the powers of a tenant for life within the meaning of the Settled Land Acts 1882-1890, may grant the settled land or part thereof to a county council for the purpose of small holdings in perpetuity at a fee or other rent secured by condition of re-entry or otherwise as may be agreed upon. Under section 9 of the Act of 1922 this power is extended to the acquisition of land by the council of a borough or urban district for the purpose of providing allotments, and the council may covenant to pay the fee farm or other rent. Any acquisition on this basis must be a voluntary arrangement between the council and the landowner.

In a case where a local authority have agreed with the

owner to acquire land for allotments and the land is let to a yearly tenant or a tenant from year to year, the council can at any time after such agreement give not less than fourteen days' notice to the tenant and can then enter on and take possession of the land subject to the payment of compensation to the tenant as if the council had used compulsory powers to acquire his interest (section 2 (2) and (4) of the Act of 1919). This enables councils to obtain early possession of land which may be let to a tenant whose tenancy could not be determined by notice to quit except after the expiration of a year or more.

Compulsory acquisition under an order for purchase or hiring. If suitable land cannot be acquired by agreement on reasonable terms a parish council may represent the case to the county council, who may, on behalf of the parish council, exercise powers of compulsory acquisition (section 39 (7) of the Act of 1908). The borough and urban district councils are themselves empowered to acquire land compulsorily for allotments.

A county, borough, or urban district council may make an order for the compulsory acquisition for allotments of any land except

(a) any park or home farm attached to and usually occupied with a mansion house if the land is required for the amenity or convenience of the mansion house;

(b) any garden or pleasure ground or any land required for the amenity or convenience of any dwelling-house;

(c) the whole or part of a holding of 50 acres or less in extent or of an annual value not exceeding £50 for the purpose of income tax, where it is shown to the satisfaction of the council that the holding is the principal means of livelihood of the occupier, except when the occupier is a tenant, and consents to the acquisition.*

* It has been thought desirable to iuclude this paragraph under the heading of land in respect of which a council may not make a compulsory order. Strictly speaking, however, the effect of section 16 of the Act of 1919 is that a council may make an order (which will not until 31st December, 1922, require the Ministry's consent) in respect of such land, but they cannot carry the order into effect and acquire the land so long as the council are satisfied that the land is the principal means of livelihood of the tenant.

(d) land owned by a local authority, the site of an ancient monument, etc., and in certain circumstances, woodland. (Section 41 of the Act of 1908, as amended by section 16 of the Act of 1919.)

(e) any land which forms part of the trust property to which the National Trust Act, 1907, applies (section 28 (4) of the Act of 1919). The council of the National Trust hold, for the benefit of the nation, places of historic interest or natural beauty.

Further, as regards land which has been acquired by any Corporation or Company for the purposes of a railway, dock, canal, water or other public undertaking, compulsory acquisition can only proceed by way of a hiring order subject to a condition enabling the corporation or company to resume possession of the land when required by them for the purpose (not being the use of the land for agriculture) for which it was acquired by them (section 8 (2) of the Act of 1922).

Pasture land is also conditionally exempt from compulsory acquisition. No land can be hired compulsorily which at the date of the order is pasture land if it is proved to the satisfaction of the Ministry that arable land which is equally suitable for the purpose of allotments to the pasture land proposed to be hired is reasonably available for hiring by the council (section 8 (4) of the Act of 1922). It will be observed that the onus of proof that equally suitable arable land is reasonably available rests with the parties who object to the hiring of the pasture land by the council.

As regards commons and open spaces, a grant or inclosure of common purporting to be made under a compulsory order made by a council is not valid unless it is made with the consent of the Ministry under section 22 of the Commons Act, 1899. Any land which is or forms part of a metropolitan common or which is subject to regulation under an order or scheme made in pursuance of the Inclosure Acts, 1845 to 1899 or under any local, Act or otherwise or which is or forms part of any town or village green or of any area dedicated or appropriated as a public park, garden or pleasure ground or for use for the purposes of public recreation cannot be appropriated or acquired by a council for allotments except under the

authority of an order for compulsory purchase. Any such order will require to be confirmed by the Ministry who are required to hold the same inquiries as are provided under the Commons Act, 1876, and the order if and when confirmed will be provisional only unless and until it is confirmed by Parliament. Any consent by the Ministry to the appropriation for allotments of part of a common other than of the kinds mentioned above must be laid before Parliament, and if a motion is carried in either House within twenty-one days dissenting from such appropriation the Ministry's order shall be cancelled (section 28 (1) and (2) of the Act of 1919).

Subject to the exceptions stated, land can be acquired compulsorily whether situate within or without the administrative area of the local authority making the order.

The first step is for the council to endeavour to acquire suitable land to satisfy any demand for allotments by negotiations with landowners and tenants. If the negotiations for voluntary acquisition fail, the council will have no alternative but to consider the exercise of their compulsory powers of acquisition. Having selected the land they will decide first whether to purchase or hire.

In this connection it may be observed that the powers of compulsory hiring have been specially framed and adapted to meet those cases where land has a present or prospective building value. These powers enable councils to obtain a perpetual tenancy of land at a fair rent without regard to any value which the land may possess for building, mining or other industrial purposes, but subject to the landlord's right of resumption when he requires the land in good faith for such purposes. Moreover the rent cannot be raised against the council in consequence of their own improvements.

After coming to a decision as to the making of an order, the council should first satisfy themselves that the land is not protected from compulsory acquisition (see above). This may in some cases prove a matter of some difficulty. For instance, no definition is given in the Acts of the expression "home farm." This is usually taken to mean a farm which is part of a large estate, but being attached to a mansion house is usually occupied with the mansion house. If such a farm were temporarily let it

might still come within the definition of a home farm, but an ordinary farm comprising a farm-house in which the farmer resides is not a "home farm." Some difficulty may also be experienced in deciding whether land is required for the amenity or convenience of any dwellinghouse. Councils should, however, after careful consideration of all the circumstances, decide whether an order should be made, and in arriving at a decision should have regard to the area held or occupied in the locality by any owner or tenant, and should avoid, if possible, taking an undue or inconvenient quantity of land from any one owner or tenant.

If the order is for purchase the form should be as set out in the appendix to the Small Holdings and Allotments (Compulsory Purchase) Regulations, 1919 (see page 123). This form is quite straightforward, and should present no difficulties.

If the order is for hiring it should be remembered that land can only be hired compulsorily for a term of not less than 14 years nor more than 35 years (see 39 (2) of the Act of 1908), but the council may by giving the landlord not more than two years nor less than one year before the expiration of the tenancy notice in writing, renew the tenancy for such term, not being less than fourteen nor more than thirty-five years, as may be specified in the notice. In such case the rent for the period of renewal will, in default of agreement, be determined by an arbitrator under the Acquisition of Land (Assessment of Compensation) Act, 1919 (see later); but the other terms of the tenancy will remain as before (section 44 of the Act of 1908 and section 7 (2) of the Acquisition of Land (Assessment of Compensation) Act, 1919).

The schedule attached to the form of order for hiring must contain a form of lease. The lease contained in the schedule to the form of order appended has been drawn up by the Ministry and contains all necessary details, covenants, etc., although it may need amplification and amendment in some cases to conform to local customs or conditions.

FORM OF ORDER FOR COMPULSORY HIRING.

1. The Mayor, Aldermen and Burgesses of the Borough of Urban District Council

or the

are hereby empowered to put in force as respects the land