allotment use ?? law??

[x1sjwebster]

Hi everyone this is my first but hopefully not my last post on this forum.I have just got of the phone to my local council official who deals with the allotments and have been told that i have been put on the waiting list which is fair enough my gripe is that there are several allotments that are being used in a manner that is as far as i am concerned not appropriate my understanding of allotment policy is that they should be used for growing mainly fruit and vegetables for consumption by the allotment holders family at least two of the plots here have been Incorporated into a farmers field and are drilled with wheat and another plot is rented by the house adjacent to it with no crops at all being grown just sprayed off every year to keep it tidy.Does anybody know if it would be worth my while taking the matter up with the re lavant authority?who would that be, has anyone been in a similar situation.I was of course quite prepared to wait till next year but am quite cross that the clerk told me i would have to wait for someone to give up there plot while they are being used in this way
any help gratefully received
Webster

[westsussexlottie]

Depends on the terms and conditions of the allotment and also who actually owns them and who adminsters them.

[Marianne]

Hi Webster,  I hope you get your allotment soon.

When I enquired about one month ago, I was told I was "outside the area" to qualify for an allotment and therefore they could not help me. 

I replied it was a shame I was not "outside the area" when it came to paying council tax.  You can't win and they are always right. 

As to your problem I would definitely take it up with the council and hear what they have to say.  I wish you sacks of luck!

 

[x1sjwebster]

Having done a search on the net have found the details of the allotments acts in which it states that an allotment is an area of land not more than 3 acres to be used for the growing of fruit and vegatables to be consumed by the tenant and his family? the tenant of the two allotments near me must eat a lot of bread to have to grow two acres of wheat.
As i understand it all allotments are owned by the local councils or parish and many where bought under compulsory purchase orders to allow familys to grow there own food when times were hard.

[gavin]

Hmmm - where's the [sick grin] smiley?

There are two sets of law applicable

- allotment law (definitions, tenancies, protections, compensation, management); http://www.sags.org.uk/HistLawAllot.php4 is a database of UK and Irish laws.

- planning law (perhaps much more important?) - http://www.odpm.gov.uk/stellent/groups/odpm_planning/documents/page/odpm_plan_606902.hcsp

The real problem is that not all allotments are allotments?  Not so daft as it sounds.  The basic classification

- statutory allotments (owned by a council, on land procured expressly for the purpose of providing allotments, covered by allotment and planning legislation);

- "temporary" allotments (also owned by a council, but on land procured for another purpose - often future cemeteries - and used as allotments in the meantime) - covered by planning legislation only;

- and "private" allotments (owned by a private landowner - a trust, individual, church comissioners, railtrack etc) - also covered by planning legislation only.

Not a great help to you?  Except to suggest that your starting point might be finding out who the landowner is, and what the status of the site is?

If it's a statutory allotment site, I suspect the council may well be way out of order?

Let it never be said that I am cynical.  BUT ... the further a council allow an allotment site to slip outside the legal framework, the easier it will be for them to show the secretary of state that an allotment site has fallen out of its original use ------ can you hear the sound of rubbed hands, and tinkling of coinage? 

And yet another allotment site disappears under a supermarket car-park?

Why the [sick grin] smiley?   I've just spent the last few days trying to put together a web-page which links the various resources on law applicable to allotments - and the very evening I loaded http://www.keirg.freeserve.co.uk/diary/links/law.htm on to the web, I come across something which goes far beyond my meagre knowledge!  Grrrr!

I'd get in touch with the support links I've listed (NSALG and ARI) ---- and I'd be VERY grateful for feedback on the page I've put together.

Good luck - Gavin

[slugcatcher]

Gavin
I have had a look at the link and I feel that it will be used very much.
It has a vast amount of interesting links and information and I will be using the site.
Another great addition

thanks
ron

[x1sjwebster]

have spoken to the head of the parish council and he has said that he will ask the farmer if he will give one of the allotments up and if not he will let me know when the next one becomes available even though they have to advertise them? new one on me thought you just put your name on a list if they have to advertise them what criteria do they use to decide who gets it .oh well seems like i will just have to wait and hope someone gives one up but i am not holding out much hope it is annoying as i have found out that there are even more lotties than i thought at a rough guess at least 15 quarter acre plots and that is after some have already been sold 15 plots and only 4 being used as they should be it is scandalous but what can you do?

[djbrenton]

If the allotments are "statutory" you might like to point out to the council that it is unlawful to change the use to agricultural without a planning enquiry, otherwise section 22 of the 1908 act applies  defining 'allotment gardens' as 'an allotment not exceeding forty poles in extent which is mainly cultivated by the occupier for the production of vegetables and fruit crops for consumption by himself or his family'

[littlegem]

advertisement, you'll be lucky, as i've mentioned on previous post, we applied for an allotment across from us, one blokes got five, even though not on council records, and was confirmed to me yesterday by his son-in-law, we are still on waiting list cos they reckon you can have as many as you want, even though they are originally for home consumption. who needs five to feed two people? councils are pants, and dont care!! thats my experience, fight all you want, they're not bothered!!!

[x1sjwebster]

What we need is a allotment loving solicitor who would put together a letter to send to the respective councils explaining the error of their ways.
So someone out there who has a friend/relative who is a legal expert now is the time to get them involved in the allotment movement.
The other thing we could all do is start an allotment fund to finance a solicitor to send out letters to these councils if we do not do something there will eventually be no allotments left.
webster

[keen-allotmenteer]

Might I suggest that you or your gardening association (if you belong to one) joins the National Society of Allotment and leisure Gardeners ltd  link :  http://www.nsalg.org.uk/

They offer all sorts of advice on allotment matters.
You can get allotment insurance through the society.
And they have a seed list which comes out in lateSeptember/ October and the seeds are from 'E W King @ co'  good selection and prices that beat all the major seed catalogues and good quality seeds as well, many grown on there own farm at Coggeshall in Essex .

I would urge any allotment society or allotment holder(if you do not belong to a society) to join the NSALG. as I believe in strength in numbers.  My own Society N.M.G.S. in Manchester is a member.

Can I also recommend you obtain this book 
 http://www.shaws.co.uk/books/book_catalogue_listing.htm

The law of allotments, every allotment society should buy a copy

Regards John Tee

[busy_lizzie]

As well as the other things you have been advised to do.  How about a letter to John Prescott, Deputyy Prime Minister.  Can't do any harm and I think his office should be made aware if allotment sites are being abused. This sort of thing really makes your blood boil, it is so unjust and I am sure  very negligent.  Perhaps if your council is told that a letter has gone off to the Deputy Prime Minister they might start rethining their lax policy.  busy_lizzie

[x1sjwebster]

Thanks for all the interest in this i have already spoken to the various allotment associations and recieved very good advice from them but they seem to be as powerless as the rest of us when it comes to actually doing something to stop the local powers that be in riding roughshod over hundreds of years of byelaws and laws. The Toffe-nosed gits who administer the allotments seem to forget that they do not own them, I am waiting till the yearly inspection is done and hope to see some of the wrongs righted but am not holding my breath  at least two plots still have not been touched apart from being ploughed earlier in the year
x1sjwebster

[jaggythistle]

If your still not happy don't be fobbed off take it too the council ombudsman and don't give up making a noise......... they have to sit up and listen to you.

[supernan]

Oh look out head coming above parapet here.............. worked in Local Government for 10 years. So I know how they do avoiding tactics. Heavy workload at the coffee machine is the usual excuse.

Anyway the people who work at the Council are answerable to their bosses, the Local Councillor that you elected. Oh didn't vote, don't know who that is? Am I sounding sarcastic, well the didn't vote one and don't know are usual. I have sat as presiding officer at many elections and many people don't vote. So the people who work at the Council get away with lots of rule bending  because people don't join in or make a fuss. In other words Little Hitler Syndrome sets in.

So go get your evidence together and approach your Local Parish or District Council elected Officer. They will listen and should help your cause. Best bet is to ask for a meeting with the person working at the Council, Elected official and yourself and any supporters you can get together. This will then stop all the hiding behind letters, phones and associated he said she said things.

The ability to have these face to face meetings is a basic right and having the elected officer on your side is what you elected them for.

If this fails go to your local MP. Same applies you elected them they are there to represent you.

Oh you could try telling the employed Council worker that you are taking this course of action, they some times get into rapid action mode to prevent the complaint!!!

PS I have been asked to stand for my local Parish Council.

Right I am ducking now so you can start firing.

[katynewbie]

 
Lol Supernan......I know what you mean, I work in Local Government too!!!

I think there is also a rule which states that any question asked of a council by an MP MUST be answered within 7 days.

Might be another avenue to try if other things are not doing too well!!

Right.....ducks behind Supernan!!

[adamreith]

Yes the problem is the law is not enforced.  There are two sections of the 1908 Act which need using together: one which states that Councils have a duty to provide if 6 or more taxpayers ask for ground individually ( but keep a joint record for reference yourself?) and the other which states that the proceeds of sale of statutory allotment land should go primarily for allotment purposes - which would bring milllions to the movement if enforced.

We can blame the bureaucrats of course; but also ourselves for a century of forelock tugging complacency!  What have all these keen gardeners been doing all this time? "It'll see me out, thanks!"?
Anyway of you want to get together and start bringing pressure to bear, try  weBlog
http://allotmentrightsandwrongs.blogspot.com
which is just starting out.