Page 1 of 4

Allotment conditions

Posted: Wed Oct 05, 2011 9:57 pm
by Samuel
I have a Parish Council Allotment and over 60% of the allotment holders sell their allotment produce. Recently a parish councillor stated that produce grown on the allotment is only for the allotment holder and his/her family and is not to be sold. Now the Council has sent out a contract to be signed by the allotment holder and returned. The `rules` contained in the contract states no produce to be sold. I believe this is a condition included in the 1950 Allotment Act which to my knowledge has not been amended. Is this condition asdhered to throughout the country and if not how has it been avoided/ignored.

Samuel

Re: Allotment conditions

Posted: Thu Oct 06, 2011 7:13 am
by Parsons Jack
Hi Samuel,

Welcome to the site :)

What was in your previous terms and conditions?

On our site, we are not allowed to sell anything. Allotments are not really meant for commercial operations are they :)

Re: Allotment conditions

Posted: Thu Oct 06, 2011 8:07 am
by Samuel
I have had my allotment for 11 years and the contract I was issued with this week is the same one I received when I first had it. However produce has been sold grown on the allotment for over 50 years and goes back to when a lorry used to do a circuit of Norfolk allotments collecting blackcurranrs grow specifically for selling. There are 2 allotments on our site thahave not been taken up and as are covered in weed so there is no demand for one. If the council forced holders not to sell produce most of those now doing so would give them up and according to the Act compensation would need to be paid and that would bankrupt the council.
Personally my produce, soft fruit, is sold from a stall outside the church and several hundreds of pounds is donated to the church each year.

The councillor who raised the matter joined the council this year having moved into the village 18 months ago.

Samuel

Re: Allotment conditions

Posted: Thu Oct 06, 2011 9:43 am
by adam-alexander
Why not get the Vicar to have a word with the new Councillor?

Re: Allotment conditions

Posted: Thu Oct 06, 2011 10:23 am
by glallotments
I thought that the general rule on allotments was that you can sell anything that is surplus to your requirements but may not grow produce that is intended for sale.

On our site we have a couple of people who only keep hens and are often seen loading tray loads into their cars/vans which they obviously are not using themselves. One guy has a double plot used for this.

How would the rules apply if you asked for donations rather than asked a set price?

Re: Allotment conditions

Posted: Thu Oct 06, 2011 12:01 pm
by Samuel
Our Church Council convened last night and although I am not a steward and therefore do not formally or normally attend I was asked to attend last night. - no reason was given. I did not attend as I was collecting 2 tons of horse muck and it took me until after the meeting had started in order to unload the muck on to my allotment. I called into church on my way home to make my apologies for not staying and as you can imagine my reason for not attending was greeted with many humourous remarks. I do not think I was invited in order to discuss the allotment question or my stall outside the church but the councillor doing the stirring is a frequent visitor to the church and the suggestion re: our Minister is a good one -thanks.

The next Parish Council Meeting is this coming Tuesday - watch this space.


Samuel

Re: Allotment conditions

Posted: Thu Oct 06, 2011 5:50 pm
by Beryl
We all have a surplus sometimes and can sell to family and friends to cover cost of seeds etc. but definitly not for any commerical profit. When we raise funds for the allotment association we ask for 'donations' of produce and the association sells it.

I really don't think allotments should be used for making profit.

Beryl.

Re: Allotment conditions

Posted: Thu Oct 06, 2011 6:04 pm
by peter
No compensation due to those who break the rules or choose to give up their plot.

Best they could hope for is a proportion of this years rent back.

Alternative provision or compensation applies if a council closes an allotment site.

Re: Allotment conditions

Posted: Thu Oct 06, 2011 9:02 pm
by Stephen
I thought that you were supposed to not sell allotment produce. Certainly our council allotments are rented at a non-commercial rate.

Re: Allotment conditions

Posted: Thu Oct 06, 2011 9:29 pm
by John
I agree with Beryl that allotments should be used for growing for a profit. This is totally against the spirit of the allotment movement.
If people wish to grow for raising money then they should rent a piece land (not on an allotment site) on a commercial basis.

John

Re: Allotment conditions

Posted: Fri Oct 07, 2011 8:39 am
by Shallot Man
That new councillor must be very pedantic, at least you know how to vote in three years time, you could all mention this to him. :wink:

Re: Allotment conditions

Posted: Fri Oct 07, 2011 11:11 am
by Samuel
Having done some research on the web I have found a discussion paper by Organiclea Community Growers , www.organiclea.org.uk entitled Selling Allotment Produce. In this paper is the following . "..a subsectionin the Smallholdings and Allotments Act1908-1926 enables an authority, "when they are unable to find proper allotment tenants from the population, to let provissionally to market gardeners, farmers or others willing to take the land". So, on an allotment sitewhere there were vacancies, the council or association couls let plots for commercial food production. However, a subsequent applicant for the allotment would be presumed to have a greater claim when it came up for annual renewal."

As for compensation my Tenancy Agreement states that on being given notice to quit the tenant may claim compensation for his fruit tree, bushes, strawberries, asparagus and rhubarb and for manure applied to it.


Samuel

Re: Allotment conditions

Posted: Fri Oct 07, 2011 7:07 pm
by Monika
Our allotment rules specify that no produce may be sold.

Re: Allotment conditions

Posted: Fri Oct 07, 2011 7:46 pm
by Cider Boys
What harm does it do anyone if you sell your allotment produce?

NONE WHATSOEVER.

I've always taken the view that these busy bodies should be ignored, especially if they are newcomers; technically you could ask for a suggested donation at your stall rather than charging a price if you believe they may hound you for breaking your contract. I for one started out renting unwanted allotments (in those days no one wanted them)) and I expect technically I should not have used them for a business, but I did and did rather well from them. Its a well used tradition to sell surplus food from an allotment and long may it continue. I've spent most of my life battling against all these newcomer type upstarts that like to tell one what they should and should not do.

Barney

Re: Allotment conditions

Posted: Fri Oct 07, 2011 8:24 pm
by Beryl
Oh Barney. you leave me speachless, I will leave others to comment.

Beryl.