Kitchen Garden Forum

Allotments in Bolsover are not Statutory. The Council and their Solicitors say so!! The allotment land was given to Old Bolsover Town Council in 1923 by covenant from Welbeck Estates. It is the interpretation by the Councils solicitors of the Covenant that leads to the conclusion the allotments are not statutory. However ALL the allotment sites in Bolsover are covered by the same covenant so it seems Bolsover no longer has any Statutory allotments.

Allotments have been on the Oxcroft Lane site since 1890ish. The Council want to sell the site for building development to fund a swimming pool in the Town. The CLG have dropped the disposal application because of the evidence provided by the Council and their Solicitors thus giving the Council a free hand to dispose of our site. The NSALG say we need to get expert local legal advice. We basically don't know what to do and funds are limited. We are hoping the current slump in the economy will save our site.

As for the covenant it says the land be used for allotments or "other bona fide public use". The Council believe selling the land to build houses for funds for swimming pool is a bona fide public use. If the allotment site was being used to build the swimmining pool this would be slightly more acceptable. The Council have stated that further allotment land on the site be sold to subsidise the pool in future if required.

This is a warning to allotment holders whose site has been obtained by covenant. I think this is scandalous and if the Town Council get the land will set a precedent and have dire implications.

The Councils Solicitor see no indication on the deeds that the land is Statutory, we believe the term Statutory Allotment came about in 1925 the covenant is dated 1923 so we hope to exploit this. Is there anyone who can corroborate this?

Thank you

Don't want to highjack this thread because it's a really important issue but it does raise another question in my mind about allotments/gardens etc being sold on for building on for building purposes. I wonder if there is any way the owner of land (a large estate which donates some for a public cause like allotments,) or even the owner of a big garden can put a "Statutory" clause on it saying that if it is subsequently sold its future use can only be of an "agricultural nature". And if you can, how can you be sure that such a clause is enforced because it's quite obvious that Local Authorities cannot be trusted to honour previous pledges.

Isn't it strange how councils can turn black into white where money is concerned, bring back Stalin, at least the KGB were preferable. shallotman

I forgot to say in 1994 as part of the Anglia University/NSALG/Dept of Environment allotment survey the Council stated all of Bolsovers allotments to be Statutory. The current Town Clerk and the Council Vice Chairman say this was "a mistake" I ask you!!!

Hi effort
My gut reaction (sorry, I have no legal training) is that raising money, even if it is notionally for a public facility, like the swimming pool, could be challenged succesfully. If the site was to be used for a public facility, that would be different.
You need to get a sympathetic local solicitor soon.