A group of allotment holders have won a landmark victory to save their plots from redevelopment. The case, which disputed the development rights to a 118-old-site in Watford, attracted attention for its widespread significance to related property law and the implications for similar sites around the country.
The historic Farm Terrace allotments were defended by a group of gardeners, blocking a second decision by the Communities secretary, Eric Pickles, to allow the site to be built on.
Initially, ministers ruled to grant permission to an earlier application, but this was overturned by the high court. The latest ruling came from a judicial review of that verdict, siding with the plot-holders.
Sara Jane Trebar, a representative for the group, said: “This is a huge victory, not just for allotment holders but for the average person who feels let down by their councils and government. It shows that it is possible to fight injustice and win.”
The new verdict means the 128 plots will not be ripped up to build housing and a car park. It is believed to be the first time the courts have overturned a decision to allow development on allotments.
Pete Baillie, another of the group’s members, said: “I have lived in Watford all my life and I just knew that to take this lovely place and turn it into houses and a car park was totally, totally wrong.”
The group’s two-year campaign was funded by small donations made by gardeners and allotment groups around the country. The legal team acting on behalf of the group said the decision “strikes a very important below” for others in a similar position.
Allotments are protected under the Allotments Act 1925, in which councils can only develop statutorily protected allotment land with the permission of the secretary state, subject to strict criteria. However, claims are rarely turned down.