Starkholmes Allotments - new legal finding

A legal assessment of a request to Derbyshire Dales District Council to consider compulsory purchase of land currently used by Starkholmes Allotments Association has found that the council has no authority to make a decision on the matter.

The request was due to be debated this evening at a meeting of the District Council's Governance & Resources Committee, which will be broadcast live on the Council's YouTube channel from 6pm.



Officers had originally recommended the request be declined, but new findings since the report was published dictate that the District Council in any case has no power or authority to undertake a Compulsory Purchase Order on the land, which could be valued at as much as £1.7-million.

The Local Government Act 1972 stipulates that where a local parish or town council has duties under any of the allotment acts dated between 1908 and 1950, if the area has a parish council the overall responsibility for allotments in that parish lies with the parish council and the district council cannot take any action. The responsible authority in the case of the Starkholmes allotment holders, which have been served with a notice to quit by the landowner, is therefore Matlock Town Council.

However, district councillors will still debate this evening a proposal to pause a Community Asset Transfer to the Town Council of nearby land owned by the District Council - to the rear of Starkholmes Village Hall - as a possible alternative site for the allotments.

View the Governance & Resources Committee agenda [PDF].
A legal assessment of a request to Derbyshire Dales District Council to consider compulsory purchase of land currently used by Starkholmes Allotments Association has found that the council has no authority to make a decision on the matter.

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