Council loses judicial review over decision to raise allotment rental charges

Leeds City Council has lost a judicial review of its decision to double the rents charged to allotment holders.

The Leeds and District Gardeners Federation challenged Leeds’ move to end its subsidy of the service, arguing that the council failed to consider any valuation evidence when setting the rent in breach of section 10 of the Allotment Act 1952.

The council’s decision, together with other cost cutting measures, would have the effect of reducing the loss to the authority of administering the allotment facilities from £133,000 per annum to nil.

The Federation argued that:

  1. the council misconstrued or misapplied s. 10 of the Allotment Act 1950;
  2. the council failed to take account of  relevant consideration, namely evidence indicating the rent a tenant may reasonably be expected to pay for the land if let for use as an allotment on the terms (other than terms as to rent) on which it is in fact let, as s. 10 requires it to do;
  3. the council took account of an irrelevant consideration, namely the council’s own financial position and its wish to eliminate the subsidy, which s. 10 precludes it from doing; and
  4. in any event, the council’s conclusion on the rent level to be set was irrational.

Leeds disputed the claim in its entirety.

However, HHJ Behrens quashed the decision. He said he found it difficult to see how allotment rents could be set “without some sort of valuation exercise” and “whilst the cost of providing the service may be a relevant factor it cannot in my view be the only factor in determining the rent”.

The judge held that the decision on the rents by Leeds’ executive board was unlawful, as s. 10 of the 1950 Act – “plainly a material consideration” – was not drawn to its attention.

HHJ Behrens said it was unlawful on ground 2 “and possibly ground 1”.  Counsel for the claimants (Richard Clayton QC) did not pursue ground 3 and the judge said ground 4 did not succeed.

A Leeds City Council spokesperson said: “We have tried to keep charges as low and affordable as possible and we’re pleased that the judge has upheld our position on the majority of grounds. We are disappointed to have lost part of this case on a narrow point of law.

“We will now be considering an appeal, while assessing the judge’s comments and bringing a report back to our September executive board.” 

The spokesperson added that the council would now need to consider the comments made by the judge in preparing for the council’s executive board to make a new decision on setting the allotment rental charges.

A copy of the judgment can be found here.