Topic: APPEALING A SITE MANAGERS DECISIONS

[moment]

can anyone tell me if there is a body above your local councils` allotment site manager-to appeal against their decision/judgement regarding your new half plot?
i have recently been awarded a half plot by my local council-so space is preciouse to start with. on this plot are my other half plot owners` shed, and compost heap. which the site manager tells me is to be left where they are.  i dont agree that these should remain on my plot just because this is how it has been for years.i firmly believe his shed and compost heap should be removed to his own plot-especially with these `half plots` we are having to accept now.so i would like to appeal against this-does anyone know how i go about this please-and will this place my ownership of my long awaited half-plot in jeopardy at all?

[saddad]

Too right... he should have the half with the shed an heap...
 >:(

[Emagggie]

You don't happen to be in Essex do you moment? ;D This sounds just like the actions of someone I am aquainted with ::)
How about ringing the local council offices to find out who to speak to next?
Can't see why it should jeopardise your plot if you've paid your rent and intend to work it.

[Digeroo]

I think you should put your compost heap and a pumkin or two on the other half. ;D

[SMP1704]

Moment - one question, how many rods or poles are you paying for? has the space for the shed and compost heap been deducted?  If that is the case, it's not really on 'your' plot.

I'm the site sec and work with the Council's allotment officer to carry out cultivation inspections etc and 'land grabbing' is a constant problem and in most cases it is people with the most weed infested plots ???  We are on to it now but trying to fix the historical plot shifts is taking longer.

You are right land is precious and in a ideal world, your neighbour would play fair and move his/her stuff on to their half but real world tends to be a bit more complicated.

[Unwashed]

Hi Moment

Yes, your tenancy is subject to English Law (you're in England or Wales, right?).  At the end of the day your allotment officer would have to enforce any decision in court.  It sounds like your council have split a full plot and left the previous tenant on one half while her shed and heap are on the other half.  Your council are entitled to lease you whatever area they want, and if they've told you that your plot doesn't include the heap and shed then you have no complaint.  Did they make it clear when you rented the plot that it didn't include the area under the shed and heap?  Did they write this into the tenancy agreement?  How much area do you pay rent for, and are you actually paying rent for the area under the shed and heap?

[kt.]

I am allotment site manager for our site.  I would of done one of 2 things:

1)  Whoever has the other half would need to move their belongings from what they do not pay rent for.
2)  If they did not wish to move the shed etc, then they would have to take the half that has the shed and pile on it.  with The long term tenant.

Our tenancy agreements also state that anything left on a newly allocated plot will belong to the new tenant if not removed within 28 days.  Anybody wishing to appeal my decision has the right to do so with the town council.

[moment]

to all of you who have been kind enough to reply to my post.thank you all.to answer some of your questions-the allotted space for my neighbour to house his shed andcompost dump on is within what i have been allotted and not extra.there is yet another shed which is almost falling down of corrugated tin which i was promised by the site manager would be removed `if her man could manage to get it down`to remove it-this has also not yet been removed-and i dont think it will ever be-even though i have my permission in to erect mine.is there a time limit on the council removing other peoples rubbish for a new tenanat and can they say they `cant manage to get this old shed down and removed?? :-\

[Squash64]

Does your council have an Allotments Officer?  If so, I would ask him to come and have a look at it.
It does seem a very strange arrangement to me.

[Old bird]

If you were told specifically that the shed stayed put by an "official" then you either turn down the allotment and wait for a full one to become available or take what is on offer.

Sounds a bit mean - but if it has been the status quo for several years - then that is probably be how it stays.

Old Bird

[Unwashed]

There is no obligation on the council to lease you a plot in a fit condition.  Sometimes they'll arrange to clean up a plot, but there's no reason why they should.  If you don't want the derilict shed it's up to you to remove it.

Why do you think the shed and heap are on your plot?  What's yours is defined by what the council tell you, and if they've told you that the heap and shed aren't yours then there you go.  They might well be sitting on the rectangle that you regard as your plot, but that doesn't make them yours.  It's a bit unusual, but not totally unreasonable if it was the simplest way to get a tenant to give up half of their plot - a decision that you have benefitted from.  Enjoy what you have.