Geographical restrictions on plots

[Cruz]

Can anybody quote to me the exact description in any of the allotment acts as to where plot holders can be recruited from? We are trying to restrict the ownership of plots to local residents (ie borough), but need something concrete to refer back to.

Any help would be much appreciated!

The reason for doing this is that surrounding parish allotments keep sending all their people to us and we are obliged to add them to our waiting lists, which can often mean very local residents don't stand a chance of getting a plot. It should be up to the local parishes to provide plots of their own. But we really need the quotes from the acts in question.

[Cruz]

[betula]

I don't know of this being in the Allotment Act,maybe it is.........sure someone on here will know but although you say different parish ,do you all pay Council Tax to the same council?If so I would expect fair dibs if I contribute financially that way why should only a certain area have priority. ???

We are supposed to be The Big Society or something like that LOL

[taurus]

I can only say what happens in our locality and even then I stand to be corrected.  At a reps meeting some years ago this was brought up because at the time there where more plots empty (75% on my site)
People who live in the borough of Swindon get those plots.  And the parish (surrounding villages)provide there own.  As far as I no this as not changed.  If you rent your plot/site from the council then their allotment officer should have the answer.  sounds to me that the parish councillors don't want the hassle and are passing the buck.

[djbrenton]

Our site is leased from the council and self-managed. Oddly, despite the council giving rebates on rents collected from the unemployed etc. there's no requirement that they live in the council area. Surely an oversight from the days when everyone walked to the allotments.

I would have thought it quite legal for a parish council to introduce a rule that allotments are only let to those who live within the parish.

[davyw1]

There is noting in the Allotments Act with regard to where allotment holders may be recruited from. The Allotments Act is law therefor for the whole of the country
You local council can however (for council run sites) can introduce it under their Allotment Letting Policy that you must live within the county boundaries and should you move out of the county boundaries you must give up your allotment.
However this does not stop any Allotment Association from introducing a rule stating that only persons living within the Parrish will be considered for an allotment

[saddad]

I'm not 100% on this... I'm sure unwashed would be able to give the exact bits but..
The onus to provide allotments is with the relevant Local Authority eg Borough Council in urban areas and Parish Councils in rural areas... for their residents...   :-X

[betula]

You don't pay council tax to parish councils ,I think the council gives them an allocation of money.

After living under a parish council and seeing how vicar of Dibley they were any mention of them makes me need to go and have a Gin and Tonic.I digress. :)

What would happen if you had empty plots and no extra local person wanted them,bet they would be open to all council tax payers then.

Reminds me of that TV programme........Are you local ?? ;D

[Squash64]

You don't pay council tax to parish councils ,I think the council gives them an allocation of money.

After living under a parish council and seeing how vicar of Dibley they were any mention of them makes me need to go and have a Gin and Tonic.I digress. :)

What would happen if you had empty plots and no extra local person wanted them,bet they would be open to all council tax payers then.

Reminds me of that TV programme........Are you local ?? ;D

This is a Local Allotment for Local People!  :D

[davyw1]

Betula has a valid point about empty plots and i do agree with local allotments are for local people.
I said in my erlier post about councils

You local council can however (for council run sites) can introduce it under their Allotment Letting Policy that you must live within the county boundaries

I thnk that would amount to discrimination as i dont believe you can stop anyone from wanting to put their name on anyones waiting list but you can however make it clear to them that priority will be given to people that live in your Parish/District then those that live closest outside of that.

There is still, as there was in 1894, only one power which the Parish Council must consider using and that is to provide allotments for the labouring poor, if asked for them. 

[BAK]

Allotment legislation does not cover who can and who cannot go onto a waiting list / be offered a plot.

It is up to the council concerned to decide on the rules that it wishes to apply.

Hopefully, it will be a sensible and pragmatic approach.

Our parish council had an open door policy until about 5-6 years ago when there was no waiting list. The objective was simply to have plots cultivated. About 30% of plot holders came from outside the council's boundaries.

When a waiting list formed the council wisely gave priority to residents who lived within its boundaries, This meant that "outsiders" stayed at the bottom of the list.

The demand from "locals" has reduced recently which has led to some of the "outsiders" getting a plot.

I consider that this approach is both reasonable and fair.

[cornykev]

If you live outside our borough they charge you more, I can't remember how much more, but the water rate is defiantly double.   ;D

[Unwashed]

Councils provide allotments under the S.23 duty of the 1908 Small Holdings and Allotments Act.  This is what it says:

(1) If the council of any borough, urban district, or parish are of opinion that there is a demand for allotments in the borough, urban district, or parish, the council shall provide a sufficient number of allotments, and shall let such allotments to persons resident in the borough, district, or parish, and desiring to take the same.

So there's an argument to be made that a council that lets an allotment to someone living outside their parish/borough is exceeding their power, though in fairness I've never heard that argument advanced.

The power for a council to makes rules and policies about the letting of allotments comes from S.28 which says:

(2) Rules under this section may define the persons eligible to be tenants of allotments, the notices to be given for the letting thereof, the size of the allotments, the conditions under which they are to be cultivated, and the rent to be paid for them.

So a council is within its rights to make it a policy that it will only let allotments to residents of its borough/parish.

The provisions for forfeiting the tenancy are in S.30 which allows the council to forfeit the tenancy if the tenant lives more than a mile outside of the parish/borough, though I'd be surprised if that was possible if the residency condition wasn't also in the tenancy agreement as this section pre-dates the 1925 Law of Property which rationalised things a bit.  This also rather conflicts with the argument that Councils can only let allotments to residents of their parish/borough as this section doesn't make any provision for evicting someone living less than a mile outside the parish/borough.  It says:

(2) If the rent for any allotment is in arrear for not less than forty days, or if it appears to the council that the tenant of an allotment not less than three months after the commencement of the tenancy thereof has not duly observed the rules affecting the allotment made by or in pursuance of this Act, or is resident more than one mile out of the borough, district, or parish for which the allotments are provided, the council may serve upon the tenant, or, if he is residing out of the borough, district, or parish, leave at his last known place of abode in the borough, district, or parish, or fix in some conspicuous manner on the allotment, a written notice determining the tenancy at the expiration of one month after the notice has been so served or affixed, and thereupon the tenancy shall be determined accordingly:

In summary then my understanding is that councils are free to let allotments to whoever they want to, but they may if they choose make it a policy that they only let allotments to residents of their parish/borough.

I doubt any of the forgoing affects a self-managed site unless it's managed under licence from the local authority or the site is leased from the local authority with some kind of compliance with the allotments acts a condition on the lease.

What's the story then Cruz - who don't you want to let a plot to?

[Unwashed]

This is a Local Allotment for Local People!  :D

;D

[Cruz]

Thanks very much for the feedback. More than 10% of our membership comes from outside the borough and that percentage is increasing as neighbouring boroughs ramp up subs or have limited capacity at their own allotments. Surrounding parishes have space to expand into, but don't bother to do anything.
Weirdly, our borough still has available plots - lots of them - if you are prepared to fell forests, which took over abandoned land in the 1970's onwards. There is no money to clear these, but the council only has to provide land and it's up to plot holders to undertake really very daunting clearance. But, hey, that's not the council's fault, is it?! But it's the parishes that get up my nose. They do nothing, but people from their areas are queing up to join us and we have been able to accommodate many of them, but local demand goes up and up too. It isn't right!
The law seems to suggest that the parishes should provide their own allotments and the borough stick to allocating its plots to its own people, of which there are more than 100,000 to choose from!