ASHBY De La ZOUCH TOWN COUNCIL
ALLOTMENT ACTS 1908 TO 1950
RULES AS TO ALLOTMENT GARDEN
Rule 1. INTERPRETATION OF TERMS Throughout these rules the expression ‘the Council’ means the Ashby de la Zouch Town Council and includes any committee of the Council or any allotment managers appointed by the Council under the Allotments Acts 1908 to 1950. Rule 2. DEFINITION OF THE PERSONS ELIGIBLE TO BE TENANTS OF THE ALLOTMENTS Any man or woman, who at the time of application to the Council for an allotment garden, is a resident in the parish shall be eligible to become a tenant of an allotment garden subject to the statutory provision that one person shall not hold allotments acquired under the above-mentioned Acts exceeding 5 acres. Rule 3. DIVISION OF THE LAND INTO ALLOTMENT GARDENS The Council, before giving notice of their intention to let any land for allotment gardens, shall divide the land, and shall cause a plan to be prepared showing each allotment garden, and distinguishing it by a separate number. [See the latest Allotment plot map] Rule 4. AGREEMENTS FOR LETTING ALLOTMENT GARDENS An agreement to let an allotment garden to an applicant may be signed by the clerk to the Council on behalf of the Council Rule 5. GENERAL CONDITIONS UNDER WHICH THE ALLOTMENT GARDENS ARE TO BE CULTIVATED The tenant of an allotment garden shall comply with the following conditions : 5.1 Shall keep the allotment garden clean and in a good state of cultivation and fertility and in good condition. 5.2 Shall not cause any nuisance or annoyance to the occupier of any other allotment garden, or obstruct any path set out by the Council for the use of the occupiers of the allotment gardens. 5.3 Shall not underlet, assign, or part with the possession of the allotment garden or any part of it, without the written consent of the Council. 5.4 Shall not, without the written consent of the Council, cut or prune any timber or other trees, or take , sell, or carry away any mineral, gravel, sand or clay. 5.5 Shall keep every hedge that forms part of the allotment garden properly cut and trimmed, keep all ditches properly cleansed, and maintain and keep in repair any other fences and any gates on the allotment garden. 5.6 Shall not without the written consent of the Council, erect any building on the allotment garden, provided that consent shall not be refused under this sub-paragraph to the erection of any building reasonably necessary for the purpose of keeping hens or rabbits. 5.7 Shall not use barbed wire for a fence adjoining any path set out by the Council for the use of the occupiers of the allotment gardens. 5.8 Shall, as regards the allotment garden, observe and perform all conditions and covenants in the lease (if any) under which the Council hold the land. 5.9 Shall observe and perform any other special condition which the Council consider necessary to preserve the allotment garden from deterioration, and of which notice to applicants for the allotment garden is given in accordance with the rules, provided that no special condition made under this paragraph shall have the effect of prohibiting or restricting the keeping of hens or rabbits. Rule 6. PAYMENT OF RENT The rent of an allotment garden shall, unless otherwise agreed in writing, be paid yearly no later than the first day of April in each year. Rule 7. POWER TO INSPECT ALLOTMENT GARDENS Any member or officer of the Council shall be entitled at any time when directed by the Council to enter and inspect any allotment garden. (see inspection policy) Rule 8. TERMINATION OF A TENANCY OF AN ALLOTMENT GARDEN The tenancy of an allotment garden shall, unless otherwise agreed in writing, terminate on the yearly rent day next or after the death of the tenant, and shall also terminate whenever the tenancy or right of occupation of the council terminates. It may also be terminated by the Council by re-entry after one months’ notice if: 8.1 The rent is in arrears for not less than 40 days. 8.2 The tenant is not duly observing the rules affecting the allotment garden, or any other term or condition of his tenancy, or if the tenant becomes bankrupt or compounds with his creditors. The tenancy may also be terminated by the Council or tenant by twelve months’ notice in writing expiring on or before 6th April or on or after 29th September in any year. Rule 9. EXEMPTION OF CERTAIN LETTINGS FROM THESE RULES These rules shall not apply to any land let to an association, or to any allotment garden which the Council, under special circumstances, to be recorded in their minutes, may exempt from these rules, but shall apply, except as aforesaid, to an allotment garden though held under a tenancy made before these rules come into operation, but not so as to affect any right to compensation for an improvement executed before these rules come into operation. Any notice may be served on a tenant either personally or by leaving it at his last known place of abode, or by registered letter to him there, or by fixing the same in some conspicuous manner on the allotment garden. • Any new allotment holder will have a plot let on an initial 12 month temporary basis being subject to final formal approval having proved to have been compliant to the above conditions. • All allotment holders shall pay an annual fee to be a member of National Society of Allotment and Leisure Gardeners Ltd. • Existing plot holders should be compliant with the above conditions or be faced with termination of use after the formal letters have been issued without re-dress. • Pathways must be maintained for safe access and available for use by all allotment holders. • Hose pipes should not be used from the allotment water tanks for watering plantings. • Water tanks must not be used to wash equipment or produce thus helping to avoid the spread of any disease or virus. • Bonfires : •Must only be dry material burnt • Must not be lit on windy days •Must be supervised and have buckets of water available •Must be extinguished prior to leaving the plot. •Remove and safely dispose any broken glass or hazardous debris in on or associated with your allotted plot for the continuing safety of others.• •Ensure safe and secure storage of any inflammable products thus avoiding the risk of Fire or soil contamination and possible damage to the environment. All children under 16 years old must be supervised when on the allotment gardens, please remember the allotments are not a playground and when treated inappropriately has serious potential risks and hazards. Failure to comply with these requirements may result in receiving a warning notice as you will have been contravening our Tenancy and Insurance Conditions. R & R AdlZTC (issue4) 20 05 13 Signed: Sue Richardson - Chair
Health and safety
AAA believes that the prevention of accidents and damage to plots and property is essential for the personal safety of our Plot holders and visitors. Our goal is a ‘Zero Accident Culture’ Our Safety Policy will be reviewed annually and revised to take account of legislative changes associated with all applicable Health and Safety Legislation. The Committee recognises and accepts its responsibility to provide very high standards of Health and Safety for all plot holders, and includes this commitment to the safety of visitors, contractors and the general public. The Committee will continue to seek and create policy, organise, plan, implement, audit and review all hazards, risk assessment to reduce risk. Complete safety awareness assessment, and audit well documented procedures and guidance to ensure full compliance with site rules and all relevant safety legislation. All Plot holders must work effectively together to avoid all Incidents/Accidents and the creation of hazards, Principles for managing safety and simple safety rules apply to everyone. Plot holders must ALL challenge non conformance to our site rules and best practice guidelines and procedures. ‘You get what you accept – do not accept less’ Nigel Dyer - CHAIRMAN
Bonfires
Rule 5.2 [The tenant of an allotment garden....] Shall not cause any nuisance or annoyance to the occupier of any other allotment garden, or obstruct any path set out by the Council for the use of the occupiers of the allotment gardens. Bonfires : - Must only be dry material burnt - Must not be lit on windy days - Must be supervised and have buckets of water available Do not add anything to your neighbours bonfire - Must be extinguished prior to leaving the plot Consequences of not complying: - Loss of your plot - Loss of the privilege for anybody to light a bonfire. IF IN DOUBT DO NOT LIGHT UP! Please also remember that all paths and Tractor paths adjacent to your plot must be kept clear or cleared of debris in accordance with our AAA rules helping to maintain a safe environment.
Data protection
Mindful of recent changes in legislation, including the GDPR (European Data Protection Regulation) that comes into effect on 25th May 2018, Ashby Allotment Society’s Data Protection Policy is outlined below. The Committee and Officers of Ashby Allotments will ensure that all data protection legislation is adhered to and will protect securely any data that it collects. The data that Ashby Allotments collects, stores and processes is limited to the contact details of members, prospective members (on waiting lists) and former members who have recently relinquished their allotments. Contact details include names, postal and email addresses, telephone numbers including landlines and mobile phones. These data are stored by any committee member, or person acting on their behalf, who may require access to members personal data where there is a need to contact members and /or identify them. In particular, but not necessarily exclusively, it is anticipated that this will be required for the following functions:- · Administration of members information · Administration of meetings including AGM · Sending newsletters · Plot Allocation · Invoicing and collection of fees / rents · Emergency contact(e.g. relating to vandalism incidents) · Request help (e.g. volunteers for project work) · Respond to members making requests (e.g. items to be purchased) · Advise on shop opening times and items available to purchase · Plot inspections and any follow notification required Data may be shared with the NAS (also known as NSALG Ltd) the National Allotment Society. As part of our membership of that body we are required under the terms of our subscription to share certain data. NSALG has robust data protection and has assured its members that the data on our members will not be shared with other organisations. Ashby Allotments members' data will not be shared with other individuals or organisations. Data on former members, who have relinquished allotments or been evicted will be stored for a reasonable time in case they need to be contacted about their former plot. Individual members are welcome to ask for details of any of their own personal data that the Society holds on them, by contacting the Plot allocation officer who is data protection officer Members are advised to inform the data protection officer if their personal details change e.g. name, address, phone number; so that records remain updated and members can be informed of Society news and business. Policy approved by the committee – ????
inspection policy
This inspection process is designed to inform the committee of any areas of concern across the site. Ensuring as many as possible of the plots have 75% Cultivated/ Planted/ Harvested. It is an inclusive process in which the committee would expect to be informed if there are circumstances which mean a plot holder is unable to achieve the expected standard. These will be considered and inform the decisions taken as a result. Following the inspection report will highlight causes for concern over time by providing a snapshot at key times in the growing year. The intention of the inspection process and committee is to make the most of this valuable resource in the community. We are custodians of the allotments, and we want to ensure they are as valued in the future as they are now and left, in good order for future generations of gardeners. Members of the association have the right and duty to challenge any decisions they feel unfair or incorrect. We may not always agree but as a committee we will always have valid, evidence based, reasons for the decisions made. The aim is for the allotments to be a productive, community which is supportive of each other in aiming to cultivate/ plant/ harvest in our own distinctive ways. Stage 1 – information gathering Inspection team will look around the allotment and identify those plots which are at risk of being uncared for. A focus will also include those which were identified previously as being inadequately cared for. Stage 2 – information gathering Inspection team will look around the allotment and identify those plots which are appearing uncared for. Action If a plot appears uncared for then a further information gathering exercise will take place to establish any underlying reasons for this. Discussion regarding any help/ support that might be required to allow the plot to be cared for. Action plan for improvement will be discussed with the plot holder. This would, where possible, be with a supportive fellow plot holder and set realistic goals for improvement. Stage 3 – focussed information gathering Inspection team will look around the allotment and identify those plots which are appearing uncared for. A focus will also include those which were identified previously as being inadequately cared for. Action If a plot appears uncared for then a further information gathering exercise will take place to establish any underlying reasons for this. Discussion regarding any help/ support that might be required to allow the plot to be cared for. Action plan for improvement will be discussed with the plot holder. This would, where possible, be with a supportive fellow plot holder and set realistic goals for improvement. Failure to improve the management of the plot in line with the action plans agreed during the process will result in a plot being allocated to the next person on the waiting list.