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.