Topic: Warning!!! You think your allotment site Statutory

[effort]

Allotments in Bolsover are not Statutory. The Council and their Solicitors say so!!  The allotment land was given to Old Bolsover Town Council in 1923 by covenant from Welbeck Estates. It is the interpretation by the Councils solicitors of the Covenant that leads to the conclusion the allotments are not statutory. However ALL the allotment sites in Bolsover are covered by the same covenant so it seems Bolsover no longer has any Statutory allotments.

Allotments have been on the Oxcroft Lane site since 1890ish.  The Council want to sell the site for building development to fund a swimming pool in the Town.  The CLG have dropped the disposal application because of the evidence provided by the Council and their Solicitors thus giving the Council a free hand to dispose of our site. The NSALG say we need to get expert local legal advice. We basically don't know what to do and funds are limited. We are hoping the current slump in the economy will save our site.

As for the covenant it says the land be used for allotments or "other bona fide public use". The Council believe selling the land to build houses for funds for swimming pool is a bona fide public use. If the allotment site was being used to build the swimmining pool this would be slightly more acceptable. The Council have stated that further allotment land on the site be sold to subsidise the pool in future if required.

This is a warning to allotment holders whose site has been obtained by covenant. I think this is scandalous and if the Town Council get the land will set a precedent and have dire implications.

The Councils Solicitor see no indication on the deeds that the land is Statutory, we believe the term Statutory Allotment came about in 1925 the covenant is dated 1923 so we hope to exploit this. Is there anyone who can corroborate this?

Thank you

[saddad]

Welcome to the site Effort...
Not much use on the legal aspects but good luck..  :)

[Barnowl]

I would have thought that the NSALG would provide the expert legal advice since this must have ramifications for allotments all over the country.

I'm not a lawyer but perhaps your fall back position would be to bring a case under Human rights legislation.

Is there a Community Legal Advice Centre near you?

[djbrenton]

I'd approach the Welbeck Estate to see if they want to side with you. If the original covenant is that the LAND must be used for allotments or public purpose, then selling the land for other use ( which is what would be happening) would contravene that covenant. How such money would be used is irrelevant, otherwise covenants wouldn't apply to land but the value of the land. The Welbeck Estate may well be prepared to object to the council's interpretation. Council solicitors tend to be very shaky on their law where allotments are concerned.

I'm in Bolsover several times a week and would be interested in finding out more if you want to meet up.