Allotments No 21 - Law and Allotments - No 3 Statutes

Pre-history: Allotments are likely to have been about in Pre-history at about the time when agriculture was replacing hunting and gathering.  As a family group grew its alloidal settled land would have grown and individuals may well have been alloted small plots for growing food.

 Roman Era to Norman Era: This may well have been the situation in the tribal lands of Roman times, through the posr-Roman Era and into the kingdoms prior to the Norman Era. By and in the time of the latter period customary strip farming and common land was established. It is likely that the lowest in society were allowed to take plots of waste land or were allocated plots on land (seemingly in an alloidal manner.

Norman Era:  However, at some point in the Norman Era, as the feudal tenure system developed, it came about that the Lord of the Manor (LofM)could enclose common land and might well have displaced the lowly folk from their plots. Nevertheless, the the now non-alloidal field strip system and "tenancies" of plots are likely to have subsisted for several centuries. Although the field strips were not perhaps allotment plots as we know them they may well have embedded the "ideal" of an individual holding land as a means of feeding the family. The same may be said of "gardens" attached to humble family huts and houses. I have not seen records of allotments as such but the concpt may well have been known in Norman times, ie individuals having a garden remote from the dwelling-place.

Rights of Common: Before the Norman Era the ancient rights of common were "as of right" alloidal customary rights humble folk had to take "assets" from land not possessed by others - woodlands, moors etc. One might regard them as a kind of "virtual allotment". Grazing was collective in the sense that the animals of one person grazed with the beasts of others.some were but some rights of common were more personal in that wood collecting, hunting and the like were linked to individual needs of the family. 

Cottages: Another feature of life was the custom of an individual to enclose common land (belonging to the LofM?) and build themselve a "house" (bothie) before dawn. If successful he or she remained in a customary possession. It seems that Elizabeth I brought an end to this practice ("right") with the Erection of Cottages Act 1588. It could well be that an individuas built on an already established garden on common land, ie land equivalent to an allotment. 

Allotments No 20 - Law and Allotments - No 2 Consolidation of Statutes

Law of Allotments - Consolidation of Statutes
From time to time the parliamentary lawyers and others dust off the rolls, scrolls, books and codes concerning a particular group and set about consolidating or reforming (or both) their law. [The latest seems to be charities with the Charities Act 2012 which had Royal Assent this week on 14th December 2012.]   

The law of allotments is in a similar or worse higgle-piggle! It is not, as far as is known, on a parliamentary front-burner for consolidation or reform. 

Local Authority Allotments:  A warning needs to be given by me! It seems that the legislation applies only (or almost only) to allotments on the land belonging to local authorities. The exception may be allotments on Crown land - but I need to explore this point. The allotments on local authority land (and I am assuming Crown land) will be referred to as "statutory allotments" herein.

"Private" Allotments: If the above is the case (I assume it is) the following are governed by other principles of law, such as laws of charity, contract and tort:

• community gardens;
• short term allotments; and,
• allotments provided by private individuals, garden centres, and companies.  

National Trust Allotments:  For the moment I am taking the 1,000 or more allotments owned by the National Trust as being within the Trust's governing constitution as a trust, and /or the National Trust Acts 1907 and 1971. Again, I need to explore this aspect.

Statutes for "Statutory" Allotments
A tentative list of allotment Acts is given below. In later Updates I will, hopefully, explore their significance. The legislation is as follows:

• Magna Charters 1215 and 1217
• Inclosure Act 1236 (Statute of Merton)
• Quia Emtores 1290
• Disafforetation, Sale and Improvement of Royal Forests Act 1653 Act
• Poor Relief (Amendment) Act 1830  
• Inclosure Acts 1760 to 1860
• General Inclosure Acts 1836 and 1845
• Allotments Act 1887
• Smallholdings and Allotments Act 1908
• Land Facilities Settlement Act 1919
• Allotments Act 1922
• Allotments Act 1925
• Allotments Act 1950

It is likely that the Act of 1887 and those that follow it are the principal Acts for these posts. 

Allotments No 19 - Law and Allotments - No1

First dip into the law of allotments. What a mess - or so it seems. I suppose there are some individuals who understand all of it. Questions arise from time to time and seem to get answered by lawyers and "barrack" lawyers.

I must admit the law of allotments is interesting enough for me to wish I had more time to devote to the subject. As a result of reading this series of posts I shall hope to have clearer understanding of the subject but very few definitive answers to the questions I have heard posed or I have pondered in the past.

Questions I have include:

• What is an allotment?
• Can an allotmenteer sell his/her produce?
• Why is the growing of trees restricted?
• If an allotmenteer is evicted, can he/she claim compensation?

The second post will consider: "What is an allotment?"

Allotments No 18 - Contamination of Land No 1.

Two reports of asbestos being found on allotments came my way this morning at about 6.45am. The incidents were, briefly recounted:

1. asbestos roof sheeting had been buried on an allotment site; and,
2. the destruction by fire of an allotment site's community shed/shop revealed asbestos in the roof.

Given the possibility of very serious illness resulting from inhaling asbestos particles one hopes that the buriers, removers, firemen and allotmenteers will not suffer in the distant future.

Statutory documents, eg the Control of Asbestos Regulations apply formally to owners and occupiers of certain buildings but I have not seen any references to asbestos and allotments until this morning.

Obviously the Environment Agency officials and workers involved in the first instance and the fire service firemen and officials in the second instance were aware of the dangers and initiated suitable precautions, eg the firemen had breathing apparatus. hoefull all is well.

The two reports have me pondering on allotments and contamination - I intend to come back to the issues if I find more about the subject!

Allotments No 17 - Grants - No 1 Applying for a Grant

Applying for a grant may not be simple. When an allotment society wants support for a project they will need to consider the following:

A) The Internal Perspective of the Society

1. The purpose or objectives of the project;
2. The use of the the grant monies - essentially to get the project underway and completed;
3. The cost of works, ie labour, equipment and other requirements for the project;
4. The programme of work; and,
5. The quantum of committed self-help avilable from members. 

B) The External Perspective of the Funder(s)

1. The policies of the awarding body which relate to the application;
2. The criteria that the applicants are required to meet;
3. The efficacy of the proposals, eg benchmarks;
4. The "qualifications" of the applicant against the criteria, eg in meeting "governace" requirements;
5. The manner in which the application is made, eg completion of the application form and any mandatory accompanying documentation;
6. The programme of works - milestones, eg meeting statutory requirements of third parties;

Allotments No 16 - Rents No2 Waiting Lists

The longest estimated wait for an allotment that I have heard of is 42 years! If  Iwas in that position a look at the English Mortality Tables (Male) would not be worth the bother let alone the analysis of the men and women ahead of me in the queue - my snufferability is much shorter unless I can afford the new wonder drug..?

Other problems with waiting lists do not need writing about in detail merely recording. Theoretically they include:

• family succession: - if an allotmenteer dies or retires injured, the rules sometimes allow a member of the family to take on the plot;
• nepotism: - here the rules may allow a plot-holder's son or daughter etc to become a vacated plot occupier (as in schools);
• plot transfer or multi-plot holdings - the rules permit other allotmenteers transfer to a vacated plot or take a second or third plot (This is appropriate where there is no waiting list - plots are kept tidy etc.);
• 'old boys and girls' network: - here the rules allow a queue member to jump the queue because he/she knows an allotment association's committee member or two.

Most organisations have formal rules and an informal culture. Here the term "rules" is used like elastic. Some practices may be reasonable and some will certainly not be illegal; but some may not reflect traditional English fairness - all need to be transparent.  

Allotments No 15 - Rents

This post takes a first look at the "rent" and the allotment. The kind of question addressed is: "What is the subject matter justifying the rent for a plot?"

The basic subject matter of the rent is the plot and its environs as a place to cultivate for personal and family consumption the following: 

• vegetables;
• herbs;
• soft fruit;
• "hard" fruit; and,
• flowers.

The last two are doubtful since trees are sometimes banned from allotments and flowers cannot in law, it seems, be grown on allotments! Any prospective doubtful activities are excluded, such as growing certain "herbs", as being illegal, ie thay are not reflected in the rent. I have been told that growing tobacco is permissible in law provided the relevant excise duty is paid to MHRC!

Finally, the rent does not reflect any profit from business activities because allotmenteers are not permitted in law to sell produce, ie run a business.

Allotments No 14 Allotment-seekers Search Solutions (ASS) - Taxation

For families allotments are living sustainability but for those seeking a plot there are some phenomenally long waiting lists for allotments in England! (See link below.)

http://www.guardian.co.uk/news/datablog/interactive/2011/nov/10/allotments-rents-waiting-list-england

This post is intended as a first attempt to see the development of a policy for a more sustainable England by ALAT, ie allotment land asset transfer. The intention is that suggested solutions for the reduction of allotment waiting lists are highlighted.

The problem is a marketing problem. A family has a need for fresh vegetables, fruit and (I dare add) flowers. English society tends to see a one-stop solution, a kind of systemic token rooted in values first developed in the 15th Century to 18th Century countryside when it was subjected to about 4,500 enclosures; namely, the "allotment".
Today we need a multi-stop of solutions. The following are merely suggestions:

• Yes, parish and town councils need to become more vigorous in their duty of seeking out patches of land for allotments - in recent times a large number are doing so -yippee.
• Yes, landed individuals should be encouraged to donate or dedicate land (even for short periods) as allotments.
• Yes, homeowners with gardens too big for them to manage should be encouraged to allow their gardens some TLC by allotment-seekers.
• Yes farmers should be encouraged to let land for allotments.
• Yes, business owners with land surplus to current requirements should be encouraged to allow their land to be used with TLC by allotment-seekers,
  
• Yes the government should be encouraged to encourage ALAT by tax breaks.

Taxation Planning  The ideas here are for the government and lobbyists:

1. Allotment Enterprise Zones (AEZs) - allocate neighbourhoods as AEZ where landowners who release land would be eligible to tax breaks and stewardship grants.
2. Council Tax /Business Rates Relief  Where a homeowner or business lets land as an allotment a local taxation relief is given - they are after all easing the dutiful obligation of the local authority.
3. Capital allowances: Where a homeowner / business installs capital assets - sheds, watering systems etc - capital allowances of a writing down type be given to encourage the allotments' longevity.
4. Balancing allowances/charges; Also these could be built into the allotment relief from income tax (ARFIT).
5. Inheritance Tax: Where a garden remains as allotments after the death of  the homeowner/ business/ farmer IHT conditional relief is afforded to the estate - this would be similar to the timber or heritage chattels conditional relief afforded to stately home and estate owners and others.
6. Inheritance Tax investment relief: In the past investment in agricultural land was afforded a IHT relief. Similarly development land, farmland and gardens could be afforded similar relief for as long as they beome and remain allotments - a kind of valuation relief.  

Allotments 13 - Allotments Overseas - Update No 3 Adds USA (6 December 2011)

I have been a gardener of sorts for more years than I can remember but I do remember being eight when my father gave me orders to look after "his" garden whilst he was overseas for a couple of years - in Singapore.  Earlier, at the age of four, my grandfather had had me "helping" in his cottage garden - dibbing cabbages and mixing cement!

I suppose I became more seriously interest (as an allotmenteer) about 15 years' ago when I first took my allotment. Now I am becoming interested in international aspects of allotment gardening. So far I have collected material on Denmark, France, Germany, Russia, and Spain. This note briefly looks at my reading and observations.

Denmark: I visited Denmark in 1977 and my wife and I were taken to see a leisure style allotment. The owners had taken a plot on a laid out site; holding the land on a 35 years' lease. They had built a small timber bungalow for overnight stays on the land. The remainder of the plot was put over to growing vegetables and so on.  

France: We have twinning friends and have visited two locations where there are allotments. 1 In Verriere-le-Buisson there is at least one small parcel of land used as allotments. They appear to be mainly used for vegetables and I cannot recall seeing any sheds, etc so they may be "barred" from having them.  " In Amiens we have had a couple of boat tours around the hortilliages. Gardens which appear almost "floating". The land is "plotted" into fairly large gardens with narrow canals bordering on one or two sides of each plot. The water is fed from the Somme and I guess that any "dredgings" are rich in plant nutrients. Of course water is naturally abundant and is probably soaking the subsoils - I have never seen such strong healthy crops.

Germany:  Readings remark on the diffferent styles of the indigenous Grermans and the migrants from other countries. Home-grown allotmenteers grow a mix of vegetables, fruit and flowers: whereas migrant allotmenteers grow far fewer flowers - concentrating on vegetables. 

 Norway: The allotment movement began in the late 19th Century. There is a site known as Kongsgard Allotments (Kristiansand) and comprises over 100 plots and has a coffee shop on Sundays. Of the other dozen or so are Etterstad Kolonihager Klemetsaunet Gardens (at Trondheim) and Solvang Kolonihager.


Russia:  I  know the word "dacha" from boyhood days but had not realised until recently that  it applied to relatively humble "leisure" allotments, ie ones with small timber dwellings, as well as "country houses"  for the aristocracy of Russian society in the old days. It seems that more than just many town dwellers in Russia have a plot in the countryside for growing food. Where they have build small dwellings they are able to stay overnight.
See http://www.open2.net/blogs/scitechnature/index.php/2007/09/07/russian_allotments

Spain: An interesting link is given below. It descibes how the ownership, management and use of allotments differs in Spain and England. In Spain most seem to date back to the time of the Moors with several changes of ownership patterns. Some local authorities in Spain now seem to be providing allotments which probably reflects the economic circumstances of the country. 

USA: I have seen on-line, to my surprise, that they do not have allotments in the USA. I have stayed or visited in houses in Virginia where they had large "backyards" (gardens to the English); except in one case where they had created a typically "English garden", my experience was disappointing at seeing no flower or vegetable gardens.

http://www.allotment.org.uk/articles/Allotment-Spain-1.php
Jots: I have seen from trains on journeys in Belgium, France and Italy parcels of land neatly sub-divided by baulks into plots, each with sheds, and water butts. Some appeared to have been built in the months before the journey. Is it a sign of the times that more and more Europeans - including the English - are finding the lure of land for allotmenteering gardening irresistable? Maybe the European Commission should have a Directorate for Allotmenteering!

Allotments No 12 - Trees Risks and Management Plan (TRAMP)

Most of what follows is about trees and bushes at the periphery of the allotment site. Generally one can have mixed feelings about trees on or near an allotment site. However, with careful management trees can provide a welcome and sustainable resource of fence posts, bean poles, compost bins, etc.
Positive attributes include:

• a)  their beauty,
• b)  their welcome shade on sunny days;
• c)  screening from severe wind blows, d)  the fruit or nuts they offer;
• e) the contribution to biodiversity as habitats for flora and fauna;
• f) a sustainable source of typical timbers which will be usefull for structures and supports about the allotments;
• g) may provide a natural and secure boundary marker;...etc.

Negative attributes include:   

• a)  invasive root systems sucking water and nutrients from allotments' soils,
• b)  falling branch causing injury or death to allotmenteers, visitors, trespassers and neighbours.
• c)  the shadowing of an allotment's growing plants;
• d)  boundary overhangs to highways or neighbours' lands - perhaps enabling unauthorised access;
• e) root damage to boundary walls and fences, neighbours' buildings..etc; 

All of this suggests that the "mangement committee"/local authority landlord, etc might devise a "trees risks and management plan" (TRAMP).

The following pointers are merely suggestions of possible example inclusions:

• statutory risks may include: a) tree preservation orders, b) "important hedgerows", ie historic hedgerows, c) anti-social "high hedgerows"; d) ancient trees, e) trees in a conservation area;
• management standards include:  British Standard BS 5837 re tree assessment;
• undertake an initial risk assessment of the growing trees and any plans to plant trees, and report findings;
• plan to make the trees more manageable, eg where possible plant or adapt trees for future coppicing or pollarding;
• annually inspect and report on all trees but particularly mature trees for damage or disease, eg as evidenced by broken hanging or dying branches;
• inspect and report on all trees after severe storms, incidences of lightning and heavy frost or snowfalls;
• from the reports; a)  organise emergency works if needed, and  b) devise a regular maintenance schedule of lopping and pruning etc;
• plan to use the gleaned dropped branches as logs, poles and brush logs - use as: a)  fence posts, b) bean poles; c) plant support stakes; and d) pea plant supports;
• create from the timbers some storage bunkers or bins for the fall of leaves - so as to create leaf mould and keep the site tidy;
• make and install nesting boxes to increase the bird population;
• restrict the number of trees and their height and nearness to the edge of the plot, ie of fruit and nut trees on the allotment plots - so as not to allow the development of root and branch systems which will trespass over a neighbour's plot;
• report to the appropriate authorities evidence of notifiable or "new" diseases affecting trees on or near the site;
• planting suitable bushes ot trees at the boundary may add to biodiversity and security (if they have thorns, etc);
• waste timber and/or brush might be recycled on site (or to the local centre) for energy generation or ash (incineration) or composting as a soil conditioner;
• review the site insurance policy for public liability;
• establish a grounds management group to do the work under the TRAMP;
• .... etc.

Allotments No 11 Creation - Capital Costs - Land

The capital cost of agricultural land varies from place to place but the range is likely to be from say £2,000 to say £10,000 depending on whether buildings are included. Vacant parcels of land near existing settlements, eg a village or hamlet, may have an open market value reflecting uses for purposes other than agricultural, including allotments. 

If such land is in a "green belt", national park or other protected / designated site one might find development potential for housing or other types of building limited or non-existent. Here "leisure and pleasure" land uses may well come into their own, including allotments. Nevertheless apart from L&P uses allotments may have to compete for "urban" type developments - housing, industry, etc; this is particularly so in large towns and cities which tend to have large waiting lists for allotments. Where sites are "brownfield" and would prove to be, perhaps, excessively costly to "clear" or to "decontaminate", allotments have a chance - particularly where the land is owned by a public sector or voluntary sector body.

Allotments No10 - Insurances No 1 - Review

At the outset it should be noted that insurance is a complex legal subject and it is prudent to seek advice from a specialist professional.

For some insurance is peace of mind. What is it for allotmenteers? Viewpoint or perspective is the key to understanding. Transfer or part transfer of risk(s) and liability is a key issue for those who are deciding what kind of policy of insurance they should commit to for themselves,eg as plot-holder, official, or trustee, or for their allotment organisation, eg as parish council, plotholders' association, management committee, landowner...?
Before embarking on a read of what follows with the view to taking action, it may be useful to consider a review of your insurance context for your allotment insurance decisions - In other words: "What allotment risks are covered by your household or business insurance policies?"

Individual:
Check 1 The individual plotholder should review his or her existing insurance policies and find out the extent to which  any perceived risks associated with their allotment activities are already covered.

The answer may be "None" but a pleasant surprise may await the enquirer! It is the lack of particular cover which may need to be addressed or transferred.

Landowner, Parish Council etc :
Check 2 A prudent landowner or local authority (as landowner) needs to check the extent of cover for allotment risks under existing policies. 

An organisation may have "all-risk" insurances against many  kinds of peril or otherwise "self -insures". Some insurance requirements are compulsory, eg employer's compulsory insurance, (unless an exemption applies). Again, it is the lack of specific cover which may need to be addressed (or transferred).

The next Post will continue the insurance theme.

Allotments No 9 Private Allotment Business - (Update No1 - 2 December 2011)

Must admit that I have never tried to turn private land into allotments so this is a first out-of-the-top of my head Checklist of things I would need to do....? However, I would not wish to create the best allotments in the world and them find that no locals, etc want to rent (or buy) them!!!

Demand: 

• Check 1: Research to establish the kind of "marketing mix" to meet needs in the area.  I would range from "ordinary" plots to "leisure plots" (as in Denmark). [For this Post I am assuming ordinary plots we all know.] 
• Check 2: Research the competition (including the local authorities, eg parish council) to establish that I have a market for one or more of the ideas that I have. At this point I will mention and might meet the planners who might want to damp-squib my ambitions - best to know early on .. perhaps??? 
• Check 3:   Seek evidence of  a) current market rents;  b) vacancies/ waiting lists for local allotment sites.

Ownership: 

• Check 1: If the land is freehold, check the conveyance documents as to any bar on the proposed  development and use of the land as allotments, eg make sure that there is no restrictive covenants.
• Check 2: If the land is leasehold, check the lease to see whether it allows development and use as allotments.  If not, I would need to consult the landlord for permission maybe..?
• Check 3: If I have not visited the land for years, I would beat (walk) the boundaries to establish that none of my neighbours has actually or is attempting to obtain adverse possession...? [seems a long shot but I have known it to happen in other circumstances!]

Organisation and Policies:

• Check 1:   Owner-developer to decide to run the site as a business with manager or self-managing.
• Check 2:   The allotmenteers as an association may lease the site and manage it themselves.

Governance Policies

• Check 1:   Best governance policies must have regard to the law directly applicable to allotments.
• Check 2:   Law which should be followed includes: a) allotment tenure law;  b) health and safety; c) disability discrimination; d) building and planning law.

Suitablility:

• Check 1:   I would make a check that the land is generally physically suitable for allotment gardening. [See Marketing Mix.]

"Marketing Mix":

• Check 1:  Ensure that the needs of those in the market for allotments is covered.  
• Check 2:   Develop ideas about the physical needs. Consider such not-in-order matters as:     a) soil conditions; b)  availability of piped or natural water sources, eg wells;  c) boundary fences and walls;  d)  gateways; e) access to the site from the public highway; f) orientation to sun generally;  g) shade from on-site (and off-site) trees;  h) slopes;  i) horrible weed infestation, eg Japanese knotweed; j) waste management, eg collection and recycling; k)  car parking and access for those with disabilities; l) sheds and other accommodation; m) toilets;  n) ....etc, etc.
• Check 3: Check the non-physical requirements vis-a-vis the allotmenteers. Cover such tenure matters as: a) rent,  b) repairs and maintenance;  c) insurances;  d) day-to-day on-site and off-site management;  e)  service charges; f).... etc.  
• Check 4:  Check the day-to-day administrative and management arrangements and schedules, such as: a) new lettings; b) evictions;  c) promotion of the site; d) waste management; e) rent collection.

Promotion and Public Relations:

• Check 1:   Develop the messages for target audiences and the media delivery.
• Check 2:   Check the owners of abutting and nearby land and property - particularly if they have easements or other rights or concerns. 

Planning:

• Check 1:   Check planning policy documentation for the area and site.
• Check 2:   Establish that there is or is not a requirement for planning permission.
• Check 3:   Submit properly completed planning application (if needed) with any mandatory accompanying documentation. Comply with other mandatory requirements of the planning procedures.
• Check 4:   Seek support from members of the community. 

Building Regulation

• Check 1:   establish the need for any building regulation permit for the works, eg drainage etc.
• Check 2:   if needed obtain forms and prepare plans ect for submission.

Budgeting:

• Check 1:   Ensure the financial feasibility of the proposal
• Check 2:   Prepare a budget for the appraisal stages, essentially much of the above.
• Check 3:    Prepare a budget of proposed work to bring the land to a state of being let in plots.
• Check 4:    Prepare an income and expenditure budget to establish the levels of "minimum rents". 
• Check 5:     Compare the market rents and the "minimum rents" so as to decide the plot rents.
• Check 6:    Decide on the accounts needed to run the "business".

Allotments No 8 Funding (Update 2 26 October 2011)

Community Infrastructure Levy:     In the last Post (No 7) we looked at the posssible impact of the community infrastructure levy (CIL) as a possible source of cash for new allotments (or even for extending or improving exsting sites). Alternatives are available.

Planning Obligations:     A recent on-line report cited planning obligations as have been used to contribute in some way towards allotments at Manor Fields, Billinghurst (see link).  


http://www.wscountytimes.co.uk/news/local/150_homes_approved_for_billingshurst_1_3177691

Electricity Generation:   A wind turbine generator (WTG) is the latest funding idea I have seen for allotmenteers. In this case it is suggested that the group install the WTG, receiving a capital contribution from the local authority. It is likely that surplus energy would be bought by the National Grid and the funds raised would be used to pay for such items as security cameras, metered water.

Lottery Funding: Twelve allotments at Meir are being partly funded by Big Lottery Fund. (See link:
 http://www.thisisstaffordshire.co.uk/Allotments-plan-rubbish-dump-site/story-13655799-detail/story.html )

Ward Funding: Another tranche of capital for the Meir allotments was contributed by the Ward Councillors. I had heard of Ward funds but this is the first report which has come to my notice. (See above Link.) 

Capital Fund:  The Capital Fund of London is offering "landed" community groups (in any London Borough) a sum of £750 to start up allotments.

LEADER Grants:  The European Agricultural Fund's programmes under the LEADER "banner"offers financial grants to rural community groups. Projects have included support for developing allotments. [See Post No 9.]
[Please note LEADER = Liaison Entre Action de Developpement del'Economie Rurale.]

Allotments 7 Planning and Allotments - Community Infrastructure Levy and Localism Act 2011 (Update No 1 - 26 November 2011)

Allotments go back to very early times when, for example, the Commissioners of an enclosure of common land may have made an "allotment" of land for the dispossessed. Today things are done differently. For instance, if some of the residents of a parish demand allotment plots (politely of course) and the Parish Council offers vacant plots on one of its sites (if any). If not, the law requires the Parish Council to meet the demand (at least in theory).


The community infrastructure levy (CIL) has sharpened the focus on such provision. Parish councils up and down the land must be jumping for joy at the prospect of getting some of locally generated CIL for their "neighbourhood". We must of course await the regulations to the Localism Act 2011 (which received Royal Asset on 15th November 2011). The Regulations are, hopefully, due out next year,


As an example (of a non-parish council), Norwich City Council appears to be using some expected CIL money for allotments. Whilst planning for 3,000 new homes, they estimate that 500 plots for allotments will be required on their existing 17 sites of about 1,500 plots (see link below).


That is the start of the story!


http://www.eveningnews24.co.uk/news/sporting_wish_list_for_norwich_revealed_1_1105956

Another featutre of the localism Act 2011 is the so-called list of land of community value. Will any district council include allotments on its list?

Allotments 6 - Risk Assessment

In all manner of business "risk assessment" is a common buzz term which is a bit like "health and safety". This post ponders on the the allotment site manager's approach to risk assessment in the the yearly cycle of events.
My interest was triggered by a report in the Sunday Times that some of London's London planes (trees not aircraft) have a fungus. It seems there may be some risk of branches breaking and falling out of the trees' canopies! Nowadays London tends to give me a sore head but not from falling branches!

As winter approaches the site manager might like to consider the likes of:

•  inspections for an assessment of risks;
• a plan to avoid or mitigate events likely to cause injury or damage;
• the extent to which insurances should be takewn or changed;
• etc.

Beating the Bounds:
A check of the boundary may reveal evidence of wind or weather damage, unauthorised access, damage by animals, adverse possession (unlikely), etc.  Any finds should result in a plan to deal with the problems promptly - covering:

• repairs to the fence or walls;
• a longer term maintenance plan;
• a letter to any person in unauthorised possession;
• etc.

Walking the Baulks and Ways:
A visual check from the baulks and ways will show problems caused by nature and the allotmenteers - including:

• hanging or fallen branches, ie trees which are on-site or off-site;
• damaged surfaces of baulks or ways;
• fallen or overhanging obstructions from gardening operations by members;
• damaged piped-water pipes;
• overgrown allotments;
• excessive weeds about to shed seeds;
• accumulations of rubbish;
• etc.

Actions required might include: a) a bonfire to get rid of waste timber (keep the ash as fertiliser); b) a skip or trips to the recycling centre to be rid of metals and other recyclables; c) polite letters to members holding problem plots; d) the bulk purchase of water butts, compost bins; e) the purchase of a strimmer and lawn mower,  f) etc. 

Policy Perambulation:

An initial or later annual walk around the policy etc documents of the allotment association (or council's documents and files) will give insight into the need for change. The documents are likely to include the following:

• the abstracts of the Conveyance deeds and/ or Agreement documents;
• the Constitution of any representative association of the allotmenteers;
• management policy as shown by / in standing orders and other policy documents
• any insurance policies;
• etc.

Hopefully no issues will arise but incidents in the recent past may require policy to be changed.

Allotments 5 - Land for Allotments

Certain local authorities are duty-bound to provide allotments. In Kent in the recent past both Hextable Parish Council and Swanley Town Council have made allotments in parks by fencing small areas and dividing the land for baulks. Cumbria County Council (CCC) is the latest to be brought to my attention. CCC has leased land to Duddon Parish Council. It is let at a peppercorn for three years. If the allotments become established within that time the land will be conveyed to the parish council for a nominal sum.

 What are the principal features of an allotment scheme? I suggest the following:

Management:

• a quality management organisation - being the owner or headlessee of the land, eg the council,or a representative society (committee) of the allotmenteers;
• a constitution of any such society or committee;
• a clear set of management policies, covering such matters as capital improvements; insurances, notices to quit, rents, repairs;

Improvements to the Land

• a good fence;
• access point(s) which are restricted  to the allotmenteers and, if appropriate, the owner's management representatives, eg by padlock with digital access (rather than a key); 
• piped water laid on to the site;
• a shed on each allotment.

Equipment

• a water butt fitted to the shed guttering (to reduce piped water consumption);
• mower and strimmer to maintain the baulks. 

Allotment 4 - Beds, Manure and Compost - Update 1 on Leaf Mould

Leaves:     With the coming of the Autumn Fall, collecting leaves will be the next allotment "hobby". In a matter of days the house garden has become a golden bronze but not for long.

The garden's leaf moulding bin is to go to the allotment this week - with the left-overs of two years' of leaf-mould. A couple of annual wasps' nests made me wary of moving it but I shall proceed cautiously - we have had  so little or no frost so far. The bin is strong; it is made of three scaffolding frames and fence wire-netting. At one point it had a metre high of leaves but is down to 15 centimetres now - it should prove a good soil conditioner!

I estimate that I shall pick up about 30 or 40....? sacks of leaves over the next few weeks!

Horse Manure:    During the last few months and days I have been / am still filling the car with very old (years' old) horse manure and depositing and spreading it about the allotment. Generally, the lack of rain had resulted in the early loads remaining on the surface in clumps. I suppose however that the nutrients have not leached! But now the rains have fallen (last Thursday) with unusual "ferocity" but I have yet to see the state of play on the allotment.

The latest load was tilth-like - I struck a new seam in the 20 metres' long pile at the livery stable! The previous loads might have been on their way to becoming coal! All of the manure is a welcome soil conditioning addition to a variable quality of soils - which varies from humus-sy,... to clay-sy,... to sandy-sy.  

Raised Beds:    The winter will be spent making "walls" for new slightly raised beds. I have been collecting (scrounging) the planks (timber and plastic) and purchased hop-poles. I had planned to use the hop-poles to make a log cabin /playhouse in the garden but found that each was too tapered in shape. (Instead my grandchildren  have an old shed as a bothie (but that is another story).) Some of the poles were used as border-markers on a sloping bed and others for a "sustainable fence" (yet another story). The remainder are destined for new yet-to-be-made-beds on the allotment.

Once the beds are prepared the horse manure and several bins of spent compost and made compost will be used to improve the soil on the allotment. I have tried this approach for two years and have been encouraged to create many more  beds.

Allotments No 3 - Quality of the "Tenancy" (Update 1 - 2 December 2011)

As I see it an Agreement to let an allotment and the undertaking to cultivate is a contractual arrangement between the owner of the ground, eg parish council, and the occupier, eg local resident - there may be an intermediary, such as a allotment society, that will be the "tenant".  [Please note: What follows does not necessarily reflect any requirements of the Acts and secondary legislation which govern allotments practice. Also, it may not be comprehensive enough to suit particular circumstances.] 

On the face of it the terms and conditions are usually quite simple, and may be in:

1. the individual Agreement between the ground owner and the occupier; or 
2. the Constitution of the Allotment Society. [Please see a later post(yet to be posted)]. 

They will usually cover such matters as:

• the duration of the agreement in time - it is likely to be for at least a year, ie it reflects the year's a) ground preparation,  b) growing season; c) harvesting period; and  d) the ground's recovery;
• quality of gardening or husbandary, in terms of  a)  keeping the soil in "good heart" with manure; b) condition and state of the balks and cultivated areas;
• the payment of rent for the allotment or land (in aggregate), being annual, quarterly or whatever, etc;
• a service charge for any incidentals, such as a) water charges, b)  petrol for mowers and strimmers (held by the allotment holders as a group),  c) one off repairs,   d) insurances, if any, and e) secretarial consummables, eg postage, notices etc ; 
• a sinking or renewals fund for replacements of  a) boundary markers such as fences and gates,  b) water delivery systems; c) mowers and strimmers and the like, 
• rules and conditions about the likes of  a) tidiness of the plot, balks, and boundary markers, b) control of weeds, c) control of children on the site, d) control of dogs and other pets on site, e) lighting of bonfires;
• procedure for consents for sizes, positioning, etc of the likes of a) sheds, b)  glass houses, c) compost bins
• procedure for notice by the occupier of an intention to give up possession, eg three months; 
• procedure for notice to quit, in the event of an occupier's infringement of the terms and conditions of the agreement or a misdemeanour;
• a complaints procedure, covering a) complaint to named officer of the society/ ground owner; b) further complaint to an independent third party.

If the allotment society (tenant of say, the parish council wants to seek a grant from a charity or other local authority (district council, say) they will normally find that an application form will need to be accompanied by a copy of the constitution. Also, some grant awarding bodies may require sight of the following:

• a copy of the society's equality or equal opportunities policy; and,
• a copy of the society's health and safety policy. 

Allotments 2 - Garden Allotments

One solution to the dire desire for allotments is "garden allotments". Each English settlement is likely to have a few, if not a lot, of gardens where the owners are unable or unwilling to spend the time to cultivate.

Schemes could be put in hand to match allotment-seekers with garden-owners - ASGO Schemes. The owner is encouraged to make available their garden or part of it to a waiting list waitee. The waitee is offered the chance to take it on.

Of course this kind of thing goes on already but it is not sufficient to make up the national deficiency in the lack of provision. Most of the relevant authorities cannot cope with the demand; they cannot meet their statutory duty to provide. It is probably to informal.

The suggested ASGO Scheme approach might require some or all of the following:

1. A statute providing national terms and conditions for an allotment licence;


2. A statutory duty on town/parish councils, neighbourhood councils or other community groups or relevant local authorities to set up and administer their local area/ neighbourhood scheme;


3. Arrangements for some "remuneration" to owners, eg a box or few of vegetables and fruit;


4. A complaints procedure in the event of dispute.

The benefits are various. On a day-to-day basis possible companionship is afforded. The garden is well kept or should be. The town/parish council council is able to meet the needs of residents seeking a garden - hopefully reducing the allotment waiting lists - without the need to develop new allotments in the immediate future.

Allotments 1 - Baulks or Balks - Tidying Stones and Weeds and a Hump (Update No 1 - 28 December 2011)

I spent part of a morning a few months' ago tidying the grass "baulks" or "balks" around my allotment. They are the narrow strips of path between adjoining allotments which need to be kept tidy and free from stones and weeds.


If pebbles or stones are left on the surface any mowing operation is fraught with danger! Damaged mower blades are the Committee's main concern but mine is a fast moving stone at hip height or lower! Having suffered one blow on the thigh I was tempted to dig out my cricket box but now spend a few minutes in lifting any stray or dislodged stones.


Weeds and long grasses are another problem. Many years' ago I was on the South Downs (before it became a National Park) when the group's botanist guide indicated a square metre and announced there were about 400 plants therein. My allotment's balks seem to have 'millions' of grasses and weeds of the flowering type. In a never ending saga of year-long weed control today's task was to gather as many as possible - seed heads, dying flowers... whole plants.


As a child I have fond memories of family blackberry 'hunts'. Now I grow my own or try to do so. This year the crop is promising. The original rows were raised from a hedgerow infestation several years ago. They need attention but I have four relatively neat rows.


From the field next door the cousins are still trying to join their relatives on my plot. They send tendrils from the hedegrow which is another scratchy danger. Also, they attempt Colditz-like escapes by coming under the balk and popping up in the allotment - but not in neat rows.

A few weeks ago one of the baulks became "humped" with an ants' nest. Having removed it, it was soon colonised with weeds but now (12/2011) must be the time to remove them. The hump was noticed long before it was removed but when one of my infrequent mowing of the baulk took place the mower almost became airborne - hence the subsequent removal. Will the ants return?