Under the Smallholdings and Allotments Act 1908 there is a duty on local authorities to provide allotments where they perceive a demand for them in their area. Where an allotments authority is of the opinion that there is a demand for allotments in its area, section 23 of the 1908 Act puts the authority under a duty to provide a sufficient number of allotments and to let them to persons residing in its area who want them.
Legislation does not lay down minimum standards or a required nature or extent of allotment garden provision. The Government consider it appropriate that each local authority should decide for itself what proportion of its resources to devote to these purposes. Allotment authorities therefore have room to exercise discretion about the level of and time scale for provision of allotment gardens and facilities on site.