Topic: Out of area plot holders

[sarahbell]

We're quite near the border so have people from across the border wanting plots. So far we've been saying no.

But I've just read in the rents thread::::

.but doubled now. I now live 'out of area' so pay double,

Now to me that sounds a very interesting idea.

The point I can see about authorities being protective of their plots is that the council is paid for by the people of that area (council tax anyway which I know isn't the only source of funding for local authorities).

When I think it's wrong is if it's not reciprocal: ie: non-Manchester people can't have Manchester plots, but Manchester people can in theory get plots in the boroughs around.

Maybe some FOI requests might show just how many people on one authorities plots aren't from that area.

It'd be a PITA for areas like Ashton where I don't think they have any legal allotments - but for areas with long local waiting lists it might be interesting to see how much out of area hogging is going on.


On your site how many plot holders are from that authority area?

[kt.]

Our plots are for those who live within our catchment area.  If a tenant moves outside the catchment area, they lose the allotment by default and this is the same for many sites around our area.  I am not aware of any site in our areas which allow outside persons to have allotments.  We have reallocated 2 allotments this past year by enforcing this rule.  We have a waiting list and have only been allocating 1/2 plots for 3 years to try to reduce it. 

[Unwashed]

They frequently do, but it looks to me from reading Sections 23 and 27 of the Small Holdings and Allotments Act 1908 that councils aren't actually allowed to let plots to non-parishoners if there are parishoners on the waiting list, and that a council is obliged to terminate the tenancy of non-parishoners to make room on site.

A council is obliged by Section 10 of the Allotments Act 1950 to set its rent "at such rent as a tenant may reasonably be expected to pay", with the proviso that "land may be let by a council as aforesaid to a person at a less rent if the council are satisfied that there exist special circumstances affecting that person which render it proper for them to let the land to him at a less rent."  Note that there is no power for a council to charge non-parishoners more rent, it's only possible to charge parishoners less rent, but that would depend on living in the parish being a "special circumstance" and given that the duty to let allotments only extends to parishoners that argument's a non-starter because it would defeat the purpose of Section 10, so it looks like charging non-parishoners double is unlawful.