Allotment Rules
(REVISION 2023)
1. Introduction
1.1 The Committee has the power to make rules in order to regulate the arrangements for the letting of individual allotments on the allotment site at Glebe Allotments, Stonham Parva (The Allotment Act 1908 Section 28).
1.2 When those rules are brought into operation, they apply to all such allotments, even if held under a tenancy agreement before the rules came into operation.
1.3 The Committee reserves its right to change the rules from time to time, but will make such changes known to tenants in advance in an appropriate manner e.g. through the website, email or letter. The Committee will supply a copy of any updated rules, free of charge to any person who requests a copy. Tenants will be expected to comply with any rule changes, following the consultation and notification process.
2. Eligibility Criteria and Allocation of Plots
2.1 To be eligible for an allotment a person must be 18 years or older.
2.2 When a plot is available for rent it can be rented out to an eligible applicant. Enquiries should be made to a Committee Member and a site meeting to view the vacant plot should be arranged. The allotment rules should be discussed and if the applicant wishes to take on the vacant plot they must be asked to sign a Tenancy Agreement before taking possession of the plot.
2.3. When there are no vacant plots available, the Committee will operate a waiting list. When a plot becomes available it will be offered to the person at the top of the list by a member of the Committee and a site meeting arranged. People will be given three weeks to accept the offer and sign a Tenancy Agreement. If they are unable to accept the plot then the plot will be offered to the next person on the waiting list. This process can be repeated until a tenant is found. If the first tenancy offer is refused the person will not lose their place on the waiting list. A second refusal will see them placed at the bottom of the waiting list or removed.
2.4 Residents of Stonham Parva wishing to take up an allotment will be placed at the highest point on the waiting list not occupied by another parish resident irrespective of others on the waiting list
2.5 All allotment plots are let on an as seen basis.
Allotment Tenant Responsibilities
3. Cultivation of allotment plots
3.1 The tenant of an allotment shall comply with the following conditions:-
a) The Tenant must use the plot as an allotment only and for no other purpose. The Tenant must cultivate the allotment wholly or mainly for the production of vegetable, fruit and flower crops for domestic consumption by themselves or their family.
b) The Tenant must keep areas not under cultivation for vegetables etc in a clean condition, free from invasive weeds and otherwise maintain it to prevent it deteriorating. Areas left to benefit wildlife are encouraged as long as the provisions in a) (above) are complied with.
c) If any Tenant has not adhered to the cultivation rules, a first warning letter will be sent outlining the issue(s) and giving the Tenant 4 weeks to rectify it/them. If no significant improvement has been made a Notice to Quit will be issued to the Tenant, giving them a further 4 weeks to rectify the issue(s) specified. Then if no significant improvement is seen to have taken place the Tenant will be sent a third and final letter informing them that their tenancy has ended.
d) New Tenants will have an initial 3-month grace period without inspection, They should aim to have at least 25% of their plot cultivated or in a clean and tidy condition after 3 months. Plots should be 50% cultivated or in a clean and tidy condition after 6 months, and 75% cultivated/clean and tidy after 12 months. If this is not achieved a tenancy may be terminated and the plot re-let.
e) The Committee will show flexibility in monitoring progress given the history of many of the abandoned plots. The important thing is that progress is made and plots are not allowed to deteriorate once tenanted.
3.2 Tenants must only use legal pesticides, fertilisers or chemicals on their plot. The tenant must take all reasonable care to ensure that other plots, paths, hedges and trees are not adversely affected, and must make good, or replant as necessary should any damage occur. The tenant must ensure there is minimal risk to members of the public, birds and other wildlife, with the exception of vermin or pests. No pesticides, fertilisers or chemicals to be stored on site except in approved containers.
3.3 Tenants are asked to take extra care if using chemicals, etc close to where someone is growing organic produce.
4. Boundaries
4.1 The Tenant of any plot is responsible for any perimeter allotment fence forming part of the plot boundary alongside the public footpath. It is important that the site fence alongside the footpath is maintained at all times to prevent injury to people using the rights of way. Any sheds or greenhouses or other structures should be sited away from the perimeter fence to allow for maintenance/repair.
4.2 The maintenance of any fencing erected between plots is the joint responsibility of the plot holders on either side. Fencing is not a requirement and any fencing erected should be appropriate to the site– eg post and chicken wire or corrugated sheeting
4.3 The Tenant shall keep every hedge that forms part of the boundary of their Allotment properly cut and trimmed.
4.4 New hedges may be planted on the inside of the plot boundary alongside the right of way, or along the field edge opposite. No new hedges are to be planted that create boundaries separating plots. New hedges must consist of native species typical of the area (Hazel, Field Maple, Hawthorn dominate). New hedges must not be allowed to grow taller than 1.5m alongside any public right of way.
4.5 No barbed wire or similar product shall be used to form any boundary on the allotment site.
5. Paths
5.1 The tenant shall be responsible for the establishment and maintenance of a grass path along the length of the plot as viewed from the public footpath.
5.2 No hard surfaced paths are permitted.
6. Bonfires
6.1 Bonfires are permitted providing they do not cause a nuisance to neighbouring residents and other plot holders. Under the Environmental Protection Act 1990 it is an offence to cause a nuisance through the generation of “smoke emitted from premises so as to be prejudicial to health or a nuisance”. Therefore the tenant must conform to the following requirements:
* Bonfires must be made safe prior to the plot holder leaving the site. In effect this means that only embers should remain and the area around a dying fire must be wetted to prevent fire from spreading
* Only burn when suitable weather conditions permit, to avoid causing a nuisance (wind drift)
* Only burn organic matter and dry vegetable matter that has been produced on your own plot.
* Do not light a fire when wind drift will cause smoke to blow across the cemetery.
* Do not burn materials such as plastic, rubber, carpet, large quantities of wood or roofing felt and flammable liquids such as old sump oil must not be burnt or used to light fires.
* In the event of a reasonable complaint, from another tenant or member of the public, regarding a nuisance being caused by the bonfire, the fire must be extinguished.
7. Children
7.1. Accompanied children are welcome on site though Parents and Carers are reminded that allotments are not playgrounds but a working environment containing potential dangers. Parents and Carers are responsible for the behaviour and wellbeing for any children brought on site, should remain on the tenant’s plot at all times and not cause any nuisance to neighbouring plot holders.
7.2 The Allotment Committee are not responsible for the safety of children on tenanted plots and will endeavour to keep untenanted plots and community areas in a safe condition.
8. Dogs
8.1 Tenants shall not bring or cause to be brought onto the Allotment Site a dog, unless it remains on the Tenant’s Allotment Garden. Any faeces to be removed and disposed of offsite by the Tenant.
8.2 In community areas dogs must be under close control and placed on a lead if requested by other users. All dog faeces must be picked up and disposed of off site.
9. Livestock
9.1 The Tenant shall not keep any animals or livestock on the Allotment other than chickens and bees. A maximum of 20 chickens is permitted.
9.2 The condition for keeping chickens on site are that the tenant must
a) Register your chickens with Department for the Environment, Food and Rural Affairs (DEFRA) (or such government department or agency that may replace DEFRA)
(b) Comply with all animal welfare legislation for free range animals
(c) Make sure that you have adequate housing, diet and water (bearing in mind that there is no running water on the allotment site)
(d) Ensure that food is stored securely and protected from vermin
(e) Arrange for them to be checked at least once a day
(f) Provide the Committee with two emergency contact telephone numbers
(g) Comply with any restrictions or regulations imposed by the Department for the Environment, Food and Affairs (DEFRA) (or such government department or agency that may replace DEFRA in respect of such or regulations)
(h) Dispose of carcasses in accordance with legislation and do not bury them on your allotment (or elsewhere on the allotment site)
(i) Remove all livestock and related equipment at the end of your tenancy
9.3 Livestock must be kept so that they are not prejudicial to health or a nuisance to other plot holders.
10. Buildings and Structures
10.1 Each allotment plot is restricted to one shed and one greenhouse. Where old sheds are present then these should be used rather than erecting a new one.
10.2 All sheds and structures on allotments, whether erected by the tenant or in situ on the allotment plot on commencement of tenancy, must only be used in connection with the use and management of allotment plots.
10.3 Polytunnels and fruit cages must not be erected without permission from the Committee.
10.4 Sheds and structures (including fruit cages, polytunnels etc must not cover more than 1 quarter of the allotment plot and must not be erected on a permanent base.
10.5 The Tenant shall keep all sheds, greenhouses, polytunnels and other structures in good repair to the satisfaction of the Committee. If the Committee is not satisfied with the state of repair – in that it poses a risk - it may require the tenant to remove the shed or structure forthwith.
10.6. Oil, fuel, lubricants or other inflammable liquids shall not be stored in any shed except in an approved container with a maximum capacity of 5 litres for use with garden equipment only.
10.7. The Committee will not be held responsible for any loss from sheds, greenhouses or other structures present, or erected on site by the tenant. Tenants are advised not to store valuable equipment on site.
10.8 When a tenant ceases their tenancy on a plot, they will be expected to remove their shed and structures from the allotment site before their plot is re-allocated. Such shed, structure or belongings shall be removed by the end of one month from the end of the tenancy, unless otherwise agreed with the Committee. Following the end of this period, any remaining shed or structure on the plot will revert to the ownership of the Committee and will subsequently be offered for use by the new tenant or disposed of by the Committee and costs charged to the outgoing tenant.
10.8 Tenants are permitted to install compost bins or structures intended for the same purpose and to erect a water storage system.
11 Other Matters
11.1 The tenant is responsible for the conduct and activities of anybody they allow on the allotment site.
11.2 The tenant shall not deposit, or permit to be deposited any refuse, rubbish or any extraneous matter on their plot, or any other part of the allotment site. All arising’s from the permitted allotment activities shall either be composted on the plot, burnt or removed from the allotment site.
11.3 The tenant shall not cause or permit any nuisance or annoyance to any other tenant, or obstruct or encroach onto other plots or paths.
11.4 The tenant shall not take, sell or carry away any minerals, gravel or clay from the allotment site.
11.5 No asbestos material shall be brought on site for any purpose.
11.6 Tenants should only use carpet, underlay or similar material sparingly and remove it before it disintegrates or becomes overgrown with vegetation.
11.7 The tenant shall not plant any shrubs, conifers or trees other than fruit trees without the permission of the Committee.
11.8 Each tenant is responsible for providing and maintaining a marker that clearly identifies their plot number.
11.9 The Tenancy of an Allotment is personal to the tenant. Pursuant to Section 27 (4) of the Allotment Act 1908, tenants may not assign, underlet or part with possession of all or part of their Allotments (including any structure, shed or greenhouse). Breach of this rule by any tenant may result in termination of the tenancy agreement.
12. Disputes and Tenant behaviour
12.1 Any disputes between tenants should be referred to the Stonham Parva Allotmenteers Committee and the decision of the Committee will be binding on all tenants involved in the dispute. It is however hoped that tenants will sort out most disputes amicably.
12.2 Tenants shall not at any time use offensive language or offensive/aggressive behaviour towards other tenants, committee members, Parish Councillors or members of the public. The Committee shall reserve the right to issue one month’s Notice to Quit, if this condition is not adhered to.
13. Committee Responsibilities
13.1 The Committee will maintain records including name, address, email and telephone number of all allotment tenants in accordance with the Data Protection Act 1998.
13.2 The Committee will endeavour to let out all plots and promote the allotments in a positive manner.
13.3 The Committee will arrange a working party at various times for grounds maintenance operations including boundary management and the cutting and maintenance of vacant plots.
13.4 The Committee will ensure annual rents are collected and paid to the Parish Council when requested.
13.2 The Committee is not responsible for the clearing of rats, moles, wasps, bees, rabbits or any other identifiable pest from tenanted plots.
14. Site Management
14.1 The Committee will arrange for regular site inspections, to ensure that the site is being properly maintained and used. The Committee reserves the right to access any plot, shed or structure in order to carry out these inspections.
14.2 The site inspections will include checking the cultivation of plots, the conditions of site boundaries and identifying other problems that the Committee needs to resolve. If it is determined that a breach has occurred and/or where there is no visual improvement undertaken by the tenant, the Committee will give notification to the relevant tenant in writing, a notice to improve or final notice or termination as applicable - unless there are extenuating circumstances, which can be brought before the Committee. Photographic evidence may be used to aid inspections.
15. Termination of Allotment Tenancy Agreements
15.1 Tenants will have many reasons to cancel their tenancy agreement, but the Committee requires confirmation of the cancellation in writing, giving a minimum of one month’s notice. The Committee will not refund any rent paid in that year, when the cancellation is at the request of the tenant.
15.2 The Committee reserves the right to cancel an allotment tenancy via one month’s written Notice to Quit pursuant to Section 30 (2) of the Allotment Act 1908 if
(a) Allotment rent is in arrears for 28 days or more (whether formally or not); or
(b) it appears to the Committee, not less than three months after the commencement of the tenancy thereof, the tenant is not duly observing the rules affecting the allotment plot/site, or any other term or condition of his/her tenancy.
15.3 Where a tenant fails to maintain a good standard of cultivation, the Committee will serve a “Notice to Improve” giving 14 days to show some improvement. Failure to improve the plot may lead to termination of the tenancy.
15.4 The Committee may terminate tenancy in any circumstances pursuant to section 1 (a) of the Allotments Act 1922, as amended by the Allotments Act 1950, by giving the tenant 12 month’s written notice.
15.5 On the death of a tenant, the Committee shall look sympathetically on a request to transfer ownership to any partner or family member who wishes to be responsible for the maintenance and cultivation of the existing allotment. Alternatively, the tenancy shall, unless otherwise agreed in writing, terminate two months after the death of a tenant.
16. Charges
16.1 The Committee reviews its allotment charges on an annual basis and proposals are presented at the AGM in March. The Committee is responsible for a set charge per annum payable to Stonham Parva Parish Council – rent charged to tenants must cover this total charge.
16.2 Following the AGM, all existing tenants will be sent an invoice in advance for allotment rent covering the forthcoming year – 1st April to 31st March.
16.3 Tenants must inform the Allotment Committee if they do not wish to continue their tenancy.
17 Change of Address and Notices
17.1 Tenants should immediately inform the Committee, in writing, of any changes in their contact details.
17.2 Notices to be served by the Committee on the tenant may be: (a) Sent to the tenant’s last known address in the Tenancy Agreement (or notified) to the Committee under these rules) by first or second class post, registered letter, recorded delivery or hand delivered, or (b) Served on the tenant personally.
17.3 Notices served under sub-paragraph (a) above will be treated as properly served even if not received, as a notice sent by post is presumed (subject to the contrary being proved) to have been received when the letter would ordinarily be delivered in ordinary course of post; Interpretation Act 1978 Section 7.
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