Allotment holders defeat Pickles for second time over major development

Allotment holders who faced eviction to make way for a major housing and hospital expansion project have won a judicial review over the decision by the Communities Secretary to allow building on the site.

Eric Pickles had conceded in August 2013 – in the face of threatened judicial review proceedings – that his original decision to grant consent for appropriation of the allotments under s. 8 of the Allotments Act 1925 was unlawful and should be quashed.

He took a fresh decision and concluded that although the land was not surplus to requirements, building on the allotments at Farm Terrace in Watford was in the public interest.

The land has been earmarked for a Watford Borough Council-led scheme to expand Watford Hospital and build approximately 700 homes.

Three individuals with plots at Farm Terrace won permission in April this year to challenge the Communities Secretary’s re-taken decision.

They advanced a number of grounds for their challenge. They succeeded on only one but this was enough for the High Court judge, Mr  Justice Ouseley, in Moore & Ors v Secretary of State for Communities and Local Government & Ors [2014] EWHC 3592 to quash Pickles’ second decision.

The judge agreed with the allotment holders that the local authority had failed to inform the Communities Secretary of a major change to the plans for the development that had been agreed before he took his decision.

Mr Justice Ouseley found that the change – which would have led to an increase in the number of houses – was material in the sense that it could have affected Pickles’ decision.

“The fact that the housing figures were likely to be increased without the allotment site, by more than the housing envisaged on the allotment site is significant and material; since it has not been contended that the increase included housing on the allotment site,” the judge said. “Family housing itself, regardless of viability, was also a main reason for taking the allotments.”

The Communities Secretary had been asked to grant consent on the basis of a reasonably clearly stated number of family houses and other residential units, Mr Justice Ouseley noted.

Adam Hundt of law firm Deighton Pierce Glynn Solicitors, who acted for the claimants, said: “The judge found that the council withheld potentially crucial information from the Secretary of State. Hopefully this judgment will….help ensure allotments continue to be protected from development for generations to come.”

Watford Council expressed disappointment with the High Court’s ruling, highlighting the judge’s comment that it was based on a “quite narrow ground”.

The authority said: “Given this ‘quite narrow ground’ the council will consider appealing and will most definitely ask the Secretary of State to make the decision again, addressing the issue Mr Justice Ouseley has referred to.

“We remain resolutely determined that the allotments are key to providing a scheme which will deliver on its promise to regenerate west Watford providing new homes, business and community facilities, and much-needed space for Watford Hospital. We are also confident that the Secretary of State will arrive at the same conclusion in re-taking the decision.”

Watford said it would, in the meantime, continue to work with its partners to progress other elements of the scheme. Work on a new link road is expected to start in the New Year.

In response to the ruling Minister for Communities Stephen Williams said: “This scheme has been supported by the local council, the local MP, Richard Harrington, and Watford’s elected Mayor, and would deliver new NHS hospital facilities, significant regeneration, as well as replacement allotments.

“The department took the decision based on the evidence provided by the council at the time. The High Court has rejected the legal challenges, apart from one narrow point of law on the council not updating the department on a potential change to the regeneration plans. There is no suggestion that this was the fault of the department. It is now up to the council whether they wish to put forward the application for reconsideration.”

Williams insisted that the Government actively supported allotments and food growing. “Since 2010, where this government has consented to the disposal of allotments, alternative plots have been provided, and the total amount of allotment provision has actually increased as a result,” he claimed.

“Surveys by the National Allotment Society show that over 2,000 new allotment places have been created in last few years, and allotment waiting times have fallen.”