The Government's response is below:

'Allotments are valuable green spaces and community assets. We are entirely committed to allotments for all the benefits they provide communities, including the opportunity to grow fresh produce in line with current thinking on healthy eating, organic food, exercise, fostering community cohesion, enhancing biodiversity, and providing educational opportunities and health benefits.

The provision of allotments is the responsibility of local authorities. Under existing legislation (the Smallholdings and Allotments Act 1908) there is a duty on local authorities (except for inner London boroughs) to provide allotments where they perceive a demand for them in their area. If an allotment authority is of the opinion that there is a demand for allotments in its area, it is required, under Section 23 of the Small Holdings and Allotments Act 1908, to provide a sufficient number of allotments and to let them to persons residing in its area who want them.

Written representations may be made to the local authority on the need for allotments by any 6 resident registered electors or persons liable to pay council tax, and the local authority must take those representations into account (section 23(2) of the Small Holdings and Allotments Act 1908). The Council must assess whether there is a demand for allotments in their area. If the Council then decides that there is a demand for them, they have a statutory duty to provide a sufficient number of plots. In terms of the duty to provide under section 23 of the Small Holdings and Allotments Act 1908 there is no time limit for provision once it has been established that there is a demand.

Furthermore, statutory allotments are protected via Section 8 of the Allotments Act 1925 which requires that local authorities seek the Secretary of State's consent for disposal or appropriation to another use. Consent cannot be given unless the Secretary of State is satisfied that certain criteria are met. Clarified criteria were issued to local authorities in February 2002.

Statutory allotments are only sold off if the Secretary of State (via Government Office) gives consent. Consent is not given unless the Secretary of State is satisfied that:

* the allotment in question is not necessary and is surplus to requirement;
* adequate alternative provision will be made for displaced plot holders;
* the number of people on the waiting list has been taken into account;
* that the authority have actively promoted and publicised the availability of sites and have consulted the National Society of Allotment & Leisure Gardeners; and
* the implications of disposal for other relevant policies, in particular development plan policies, have been taken into account

In addition to the legislation, the planning system through Planning Policy Guidance note 17 Planning for Open Space, Sport & Recreation, 2002 (PPG17) and Planning Policy Statement 3 (PPS3) provides a robust framework for the protection and provision of urban green spaces including allotments. PPG17 requires local authorities to make provision for all types of open space that may be of public value. It also requires local authorities to undertake robust assessments of local needs and audits of existing open space, sports and recreational facilities and to establish standards for new provision. It is expected that by implementing the guidance in PPG17, local authorities should make adequate provision for allotments, which are specifically included in the PPG17 typology. On the basis of these assessments and audits, local authorities should plan to meet future needs of their population (e.g. linked to new housing developments) and can place standards of provision in their development plan.

PPS3 says that local planning authorities should have clear policies for the protection and creation of open space, and new housing developments should incorporate sufficient provision where such spaces are not already adequately provided within easy access of the new housing.

Local planning authorities can also negotiate agreements with developers to provide allotments before granting planning permission under section 106 of the Town and Country Planning Act 1990 ('s106 agreements' or 'planning obligations'). In addition, they may be able to impose conditions, which require developers to provide new allotments in certain cases if this is necessary to make the development acceptable in planning terms, and if it is viewed as reasonable in relation to the development.

Over the past year we have worked closely with the Local Government Association to revise the good practice guidance. The new edition of 'Growing in the Community - a good practice guide for the management of allotments' reflects the major developments in the allotments movement since 2001 and has some examples of current good practice, showing innovative use of allotments benefiting all sections of the community. The guide includes a section on allotment provision and provides an up to date policy framework, and a guide to allotments legislation. A free copy of the Guide was sent to all local authorities in England. This guide will, we hope, help local authorities to make full use of the legislative protection afforded to allotments.

Community empowerment also has a real effect. We are of course interested in empowering communities to take action. This is set out in the Local Government White Paper, the Local Government and Public Involvement in Health Act 2007 and the Community Empowerment White Paper; Communities in Control; Real People, Real Power, published in July 2008. Taken together, these provide communities with a framework to ensure local government prioritise the issues important to them. Community empowerment is already central to protecting allotments under current legislation and we are working to ensure that community empowerment mechanisms can benefit all green spaces, including allotments. Through the Community Empowerment White Paper, we are providing new opportunities for citizens to hold their local providers to account for the quality of services and facilities, and places greater charge for local authorities to be responsive to citizens.