A Debate About Using a Hose Pipe

[lilyjean]

Is it true that you are not allowed to use a hose pipe on the allotment? I'm very confused, some say yes but our Parish Council says no......some very strong opinions! 

[lincsyokel2]

Depends on the Allotment. On the one im on we can use hosepipes to fill barrels, but not allowed to use them to water plots.

My solution is to use the hosepipe to fill the barrel whilst at the same time using a Wickes foul water barrel pump powered by a portable pertrol generator to water the plot with another hose....it isnt breaking the rules...........

[lilyjean]

Thanx for your reply. It was exactly how it was said at the meeting.Hose pipes are only to be used for filling water butts. I can only imagine it must a general rule for all allotment holders throughout UK. Two weeks ago we had a representative of the eastern region as our guest speaker. She suggested for us to seriously consider getting hold of 'dippers'. Is this to encourage tenants not to waste water?

[Vortex]

On both council run sites where I have plots we're freely allowed to use hose pipes.
In addition allotments are classed as agricultural land so they're exempt from stage 1 hosepipe bans that affect householders.

[grannyjanny]

We can use hose pipes but not at the moment .

[lilyjean]

Wow! this is an amazing site. Thank you for all your replies and support in this issue.

Vortex ~ when you say council run, are you referring to Parish Council? Ours is run by the PC but we've recently formed an association. I'm hoping that the decisions can be made by our own community. But in order to do this I wanted to make sure that I've got my facts right. It seemed to me with this hose piping brought about some very conflicting thoughts. 

[Squash64]

All council-owned allotment sites in Birmingham are only allowed to use the hose to fill water butts.

The Allotments dept. has a budget for water and this is currently overspent by about £12,000. 

It is quite hard trying to explain to some plotholders that there is not a bottomless fund of money and that we/the allotments dept have to live within our means.

We have put up notices at every standpipe on the site to remind people.

[lilyjean]

Thank you Squash64    It is so much easier to deal with concise rules with an explanation...everybody can then understand and accept them. My vision for us is to pull together as a community. Plenty of ideas to bash with for our first meeting! Thank you for the photos....something to consider   

[dtw]

We are allowed to use hosepipes, but not sprinklers.

The pressure is pretty poor if more than a couple of people are using them though, so that helps reduce the total amount of water used.

[shirlton]

Most of our plots have the 1000 litre butts. These have to be placed at the back of the plot preferably by the side of a shed so that the guttering can catch the rainfall.At the moment we are looking for a shower tray to go on the top of ours to catch any rain when it comes.

[Robert_Brenchley]

We're not supposed to use hoses except to fill water containers, but it would be perfectly legal to put a 1000 litre container up on posts, use a hose to fill it, and water the plot from that.

[Digeroo]

We were allowed to use hosepipe last year but some people seemed to rather hog it.  Now we can fill butts but otherwise it is watering cans only.  It has certainly improved the amount of water available especially in the evenings.   Using a hose does seem to spread it around somewhat.  But I did rather like giving my runner beans a quick daily spray all over the flowers. 

[Squash64]

We're not supposed to use hoses except to fill water containers, but it would be perfectly legal to put a 1000 litre container up on posts, use a hose to fill it, and water the plot from that.

But how would that be saving water?

[elvis2003]

why would anyone want to use a hose to water directly on to the plot? its strictly banned at our site

[shirlton]

We don't use anymore water than when we had the 3 small butts its just that we don't have to keep getting the hose out to fill the big one.

[caroline7758]

We don't have taps so no way of using hosepipes.

[flowerofshona2007]

Its free to use a hose to fill butts but we can pay £10 a year hosepipe license to use it, all plots that have paid have a licence on there number to say they have paid, we are self managed so have to watch the cost of the water.

[Unwashed]

There is nothing in the allotments legislation that bans the use of hoses.

S.76 Water Industry Act 1991 (as ammended by S.36 Flood and Water Management Act 2010) makes a long list of things that can be banned in a hosepipe ban, but whether or not water an allotment with a hose is banned depends entirely on exactly what the water undertaking actually banned.

That said, what I think we're talking about here is whether watering with a hose from a standpipe can be banned by the landlord.  Clearly some allotment sites make such a ban, but the question is whether the ban is enforceable.

On a site let under the Allotments Acts all rules are made under the Power created by S.28 Small Holdings and Allotments Act 1908 so you can't just make any rule.  Rules can define the conditions under which [allotments] are to be cultivated.  I guess that probably includes how you water.

A Rule banning hosepipes might possibly fall foul of the Unfair Terms in Consumer Contracts Regulations 1999.  Landlords can't impose any old condition on their tenants.  Group 18(h), Unreasonable ancillary obligations and restrictions of the OFT guidance says There is a clear risk of unfairness where terms put consumers at risk of incurring contractual penalties that are more severe than is necessary to
protect the real interest of the supplier.  My guess would be that the landlord does have a legitimate concern that hosepipes will be left on so I think a Rule only allowing butts to be filled isn't unreasonable, though I'd suggest a total ban on hosepipes goes beyound protecting the landlord's legitimate interest.

Remember though that a ban on hoses can't be introduced without notice.  If the tenancy agreements says the landlord can add any old arbitrary rule then that is certainly unenforceable because of UTCCR, so the landlord has to give notice to end the tenancy and offer a new agreement at the termination, and on Allotment Acts sites that's going to be the tenancy aniversary after September 2011, and otherwise on the tenancy aniversary after the contractual notice, or 6 months by default.

Personally I think we make too many Rules.  I'd be surprised if water was used at more than £1.50/pole on average for a site, and it doesn't seem unreasonable that this cost be recouped in the rent.

[Gillysdad]

We have over a hundred plots on our site. One tap between two plots. Hosepipes to water the plot are allowed. The water bill at the end of the season is divided , and added to the allotment rent. We currently pay £50 per year. I think we are one of the luckier sites.

[Digeroo]

Last year that amount would have been more than enough.  But this year things are very dry.  I think I am going to use considerably more.  

But I do not understand why there should be more concern about leaving hosepipes on for spraying than for filling butts.  

The water bill at the end of the season is divided

  How much do you normally have to pay.  Some people seem to use a great deal more water than others.