Topic: ALLOTMENT EVICTION - PLEASE HELP!

[55david]

Please can anyone help?

I am being evicted from my allotment by the town council under Section 30, paragraph 2 of the Small Holdings & Allotments Act 1908 (I live more than 1 mile from the town boundary)

The eviction order ended on 11/12/12 and the council wrote to me on this date stating that they will instruct a bailiff on the 2nd week of January '13 to take down my shed & remove all my chattels off the site

It's a long story and I've taken advice from the NSALG all through this matter, basically the council attempted to change the allotment rules without the required minimum notice period of 12 months and attempted to enforce a non existent rule regarding shed sizes - there is no restriction in the present rules - the rule states that permission will not unreasonably be withheld

I have been trying to get permission for an 8' by 16' shed since Sept '11, the council responded by quoting a 'new' rule whereby sheds cannot be bigger than 8' by 10', I questioned this quoting the existing 'present' rule and it's escalated from there - the legal advisor at NSALG said the council have been extremely unreasonable on 2 counts;
1) The length of time it has taken to gain permission
2) Attempting to enforce a non existent rule

The council threatened me with eviction under section 30 back in February '12 if I continued to question them and their rules - I have stood up for my rights since then & the result was being issued with 2 eviction orders - I appealed the 1st, the council issued a 2nd, ignoring pleas from myself, my carer and the Allotment Society

I suffer from Bipolar Disorder, panic attacks and other mental health problems and the allotment was extremely beneficial in improving my condition.  I began renting it October '09 when I lived in the town (a requirement when applying for an allotment)

Unfortunately I began to suffer from constant, unbearable anti social behaviour, which was very detrimental to my health, this lasted almost a year.  In Sept '10 I was moved by the borough council into sheltered accommodation, the town council were informed of my condition and the reasons for the move and were happy to allow me to continue renting my allotment and take my money for over 2 years since then

Despite support from my Allotment Society and support of local people for me to keep my shed the size it is (there are other sheds on the allotments the same size and bigger already there) and my allotment as long as I want, plus an appeal against the eviction due to the circumstances under which I was forced to move from my home to where I am now, which is just over 2 miles from the town boundary, the council have gone ahead with the eviction

I believe it is victimisation because I have successfully stood up to them and they have had to send all the allotment holders a letter stating the new rules do not come into force until April 2013, despite making them all sign the agreement last March/April and attempting to enforce them immediately - the council are using any excuse to get rid of me as they know it will not end here - there are other issues with the new rules too

Can they just send in a bailiff any time next week without going to court?

If they do this are they breaking any laws and what can I do?

[daveyboi]

To be frank unless you have a lot of money for legal court battles you are on a loser I am afraid.

You are quite likely being treated unfairly and being victimised.

But with this shed issue the council planning department could deem this as requiring full planning as being out of the scope of permitted development. This below is a cut of the Local Government Association guides on allotments

"Planning permission may also be required for sheds
and greenhouses, particularly if they are large or on
a permanent base. However, the erection of sheds or
other buildings by a local authority may be ‘permitted
development’ that does not require a planning application
to be made. Where substantial buildings are to be
included in a new site they will be subject to the Building
Regulations, but some buildings may also be partially
exempt as agricultural buildings used exclusively for
storage.
Given these uncertainties, therefore, it is advisable to
consult the planning authority in advance of development.
They should be sent a full plan of what is proposed,
to ensure that planning permission is duly sought if
it is deemed to be necessary"

From what you say above the council has decided that 8 x 10 is within permitted development where as your size would require full planning permission. Or at least a certificate of lawful development. I hazard a guess that you dealt with the allotment dept of the council but really needed to apply to the planning dept.

[55david]

I have already been down the planning route and do not need planning permission

As stated, this 8' by 10' rule does not exist at present so even if planning is required this is a future requirement, not a current one

There are several sheds already on the allotments the same size or bigger than mine so the council have set a precedent now

[daveyboi]

I have already been down the planning route and do not need planning permission

As stated, this 8' by 10' rule does not exist at present so even if planning is required this is a future requirement, not a current one

There are several sheds already on the allotments the same size or bigger than mine so the council have set a precedent now

If you have a written statement from the planning department that you do not require planning or a lawful develpoment certificate then you do have a good case to fight them with.

Unfortunately the precedent would only be of help to you in an appeal against the refusal of a refusal of planning permission.

[55david]

I forgot to mention that none of the other allotment holders have asked for permission, they just built their sheds & the council said nothing

[Unwashed]

David, I think you're screwed.  It sounds very much as though you've been unfairly victimised and that the council can't lawfully evict you, but to assert your rights it'll cost you more money and stress than you can afford.  I really think in your situation the best strategy is to walk away and find some peace.  I'm very sorry.

[marcitos]

May be worth contacting the Equalities & Human Rights Commission for some advice as it may possibly be disability discrimination. MIND legal advice are also useful. If they are helpful go & see the CAB. If you have home insurance that covers legal stuff see a solicitor.