New rules on our allotment!

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Victoria
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Our latest parish magazine advises us allotment holders that the parish council are introduing a ' non-cultivation tax' on those of us whose plots aren't wholly devoted to food growing. Would includes areas that are uncultivated, grassed areas, flower growing and excessive storage.

I got into trouble two years ago as I had a a bit of the allotment under black plastic which I had thought was a responsible thing to do, keeping weeds under control etc but this new rule seems a bit severe esp the flower growing, several old boys grow flowers for family graves in the village cemetery. I suppose its legal?
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oldherbaceous
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Dear Victoria, i think i would be asking to see the legal documentation on that tax.
Kind Regards, Old Herbaceous.

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John
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Hello Victoria
It seems to be that rules are being made up and you are not being consulted. I think you should all look at your tenancy agreements/rules. If you haven't got any then then you must get some otherwise you will always be subject to the whims of the council.
They usually have clauses in them about tenants using the allotment only for the production of fruit, flowers and vegetables and keeping allotment clear of weeds and in a good state of cultivation and fertility. They may also say that a defined part of the garden may be used as a leisure area.
As far as black plastic covering goes you are clearing weeds and improving the state of the soil and to ban flower cultivation is just plain ridiculous. Though if the flowers are being sold then this is a different matter.

I think that members of the public can attend parish council meetings but cannot speak unless invited by the chair. Might be an idea to approach the council to see if you can either have an informal meeting with some interested councillors to sort this out or some of you could be allowed to raise your concerns at a meeting.

John
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Shallot Man
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With long waiting lists on most sites, its probably the Parishes way of moving people on.
Victoria
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Thank you all for your replies. I agree with all your comments, and especially John re flowers as some people grow flowers for the beneficial insects etc they bring and I'm one of them.

I suspect the council may be trying to curb the activities of one elderly man who has the equivalent of 3 allotments and sells all his produce - he once told me he doesn't like veg and would rather have a frozen burger!!! - a couple of us have estimated he earns between 3 and 5K a year in this way, he also has half a nissen hut for a shed whereas the rest of us are restricted to one 6 x 4'. For some reason the council seem very reluctant to confront him.

I think I am going to query this tax, and shall start with the Parish Clerk today and let you all know how I get on.
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Johnboy
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Hi Victoria,
I feel that you should try and get an article in the next Parish Magazine, but first find out the will and pleasure of your fellow allotmenteers, and put all the relevant points with an explanation as to why certain things are grown and the use of black polythene as a method of clearing land of perennial weeds prior to use.
To me it seems that the activities of the main offender should be highlighted.
If necessary try and get an extraordinary general meeting to put your points across to you fellow allotmenteers.
I feel that if you are forceful enough you should be able to get this nonsense kicked into touch.
JB.
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John
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Hello again Victoria
Do you have a tenancy agreement? This document is the place to start your negotiations if there is anything you're not happy about.

From what you say the old boy who is selling veg. may at the bottom of all this. Selling the veg that you produce on your patch is far from the spirit of the allotment idea and most if not all tenancy agreements will have a clause to prevent tenants from doing this. As the council has allowed this situation to develop they may be reluctant to change things or evict him particularly if his plots are productive. One line you could adopt over this is though is that as he is effectively carry out a for-profit business on his plots he should pay an agricultural rent not an allotment based one.

I think the the use of the word 'tax' is confusing things a bit. Does this mean that HMRC are going to come round with some tax returns for you all to fill in?
What they are really on about is an increased rent or an extra levy.

John
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Compo
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Nepitism (if I have spelt it right) is the practice of favouring others, 'insider deals etc' I am afraid that corruption exists at all levels of British Politics, and it sounds like it is going on at your plot site. The other issue is as Johnboy has stated, someone running an agricultural business whilst you (probably) have waiting list smacks of being unfair also. Rules for the sake of making rules if you ask me. Whatever you do don't start the multiple plot row, or there will be war on here!!

Good luck Victoria and please keep us informed.

CoMpO
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Victoria
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Yes, we do have a tenancy agreement. Fairly basic I'd say, keeping plot clean and tidy,no livestock, shed size etc. Nothing about selling/not selling.

My feeling is this may all be about the old boy selling and if that's the case the council allotment committee should have the b**** to deal with him.

I will keep you all informed - I value all your comments thank you very much.
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peter
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If these are "Statuatory allotments", i.e. provided by the council under the Allotment Acts then the growing for profit is illegal, though a blind eye is usually turned towards disposal of surplus or gluts.

Tak a look at http://www.farmgarden.org.uk/ari/ari-ne ... lable.html
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Binky
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Your original query states that
Our latest parish magazine advises us allotment holders that the parish council are introduing a ' non-cultivation tax' on those of us whose plots aren't wholly devoted to food growing.

We self-manage our allotments, on behalf of our local council and, over the years, I have acquired a few reference books. I quote from one of them: "Section 2 of the Allotments Act of 1922 says that an allotment garden is wholly or mainly cultivated by the occupier for the production of vegatables or fruit crops for consumption by himself or his family". The word "mainly" permits people to grow other things, such as flowers. "Consumption by himself and his family" should enable the parish council to do something about the person selling his produce.

However, you might like to check with the National Society of Allotment and Leisure Gardeners (http://www.nsalg.org.uk) who have their own legal department and know most of what there is to know about allotments. If you are not a member, if is not expensive to join.
Victoria
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Thanks Binky, hopefully I will get some time today to research a few things. Heavy rain and wind here in the East today so no chance of working on the allotment (secretly sighs with relief!).
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Suzie
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I was shocked when I first started reading your OP Victoria - blimey!

I have always covered unworked areas to keep them weed-free(ish) and have always grown flowers on a plot to encourage diversity in benefical insects etc.

I'll be interested in how this develops. Enjoy you 'day off' :)
Victoria
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Well, I've been reading bits on the NSALG site today, it seems to me that although there are 'rules' these can be superseded/overruled by the landowner's tenancy agreements ie we aren't allowed livestock although Allotment Act allows it.

I think I should get opinions of fellow allotmenteers, as someone suggested, before I put something in writing, I don't want to say something I might regret later! I have a feeling most people on the site will just accept the new rules.

Will try and see a few people this weekend and report back, thanks for all your time and helpful comments.
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Suzie
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Victoria wrote:I think I should get opinions of fellow allotmenteers,

That sounds like a good plan in the first instance - good luck Victoria
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