Bower Hinton Allotments Rules and Regulations
Cultivation and Use of Land
No animals are to be kept on the plot
To manage at least 65% of the area of the allotment for the production of crops; the remaining 35% may be used for other horticultural leisure purposes, such as grass, shed, water butt, seating or pond.
To keep the allotment plot clean, free from weeds and cultivated with compost or recognised soil improver and otherwise maintain it in a good state of cultivation and fertility.
Any plot where the ground is annually cleared of weeds and not used for crop production for a period of one year will be deemed to be uncultivated.
The Council encourages organic gardening in preference to the use of synthetic fertilisers, pesticides etc; No chemicals, synthetic fertilisers etc to be stored on site.
To cultivate the whole of the allotment plot personally and not to underlet, assign, exchange or part with the possession of the allotment plot or any part of it without the written consent of the Council, such consent to be at the absolute discretion of the Council.
During the growing season, the Parish Council will expect New Tenants taking up a plot to commence cultivation of the plot immediately. It is expected that the New Tenant will have 25% of the plot fully cultivated and planted or ready for planting within two months. It is expected that after six months 65% cultivation will be achieved (this will be dependent on the condition of the plot at the start of the tenancy, and the time of year the plot is taken over). During the first twelve months the tenant must demonstrate continuous progress towards full cultivation.
All Tenants
After the first twelve months of a new tenancy the Parish Council will expect the tenant to reach full cultivation (see Point 1 above) each year on from the first. If this is not achieved the tenant will be notified of its state of neglect or serious underuse (see below).
A Plot in a State of Neglect or Serious Underuse
The Parish Council will inspect the plots every 3 months along with a representative from the BHAA to ensure compliance with Tenancy Agreements and these rules and regulations.
The tenant will be notified in writing by the Parish Council to rectify any matters arising within one month. If the Parish Council is not satisfied that improvements have been made, the Tenant will be served a notice to terminate the Agreement.
A Tenant may appeal in writing within 14 days of the termination letter. The Parish Council will appoint an Appeal Panel (three Parish Councillors) to consider the appeal and shall reply to the Tenant within 14 days of receipt of the appeal. The decision of the Appeal Panel shall be final.
The Parish Council shall claim compensation from a Tenant who, at termination, leaves a plot in a worse condition than when the Tenancy started. This will be the cost of professional services employed to clear the plot.
A tenant who is temporarily unable to maintain their plot (illness/injury) should inform the Parish Council and the BHAA in writing, as this will be taken into account during inspections. The BHAA will work together to help with minimum maintenance on such plots (keeping weeds down, strimming) for a maximum of 6 months.
Health and Safety
It is recommended that all tenants keep a well stocked basic and accessible first aid kit on their plot.
Tenants that intend to use machinery such as strimmer, mower and cultivators are competent in the operation of such machinery and used with the safety of others in mind.
Materials
Not to place or keep on the allotment any carpet or other plastic based covering other than appropriate weed suppressant membranes used for that purpose and to be removed during cultivation, so as not to remain permanently on the plot.
Not to bring onto or store on the allotment (or in any structure) materials or substances of any kind not for reasonably immediate use on the allotment – in particular not asbestos, building materials, poisons etc; Not to use non-compostable materials such as gravel for pathways on or around the allotments.
Structures and Water
Not without the written consent of the Parish Council, erect or place or permit on the allotment plot any building, greenhouse, polythene tunnel or other structure except as permitted.
New sheds/greenhouses/polytunnels should be no larger than 8’ x 6’, (unless given express permission from the Parish Council) and should only be used for cultivating crops and storing tools and materials used on the plot. They may not be used for sleeping, or for any other purposes not associated with the plot cultivation.
Tenants that inherit sheds and other structures that had been erected prior to January 2015 before the introduction of specific ruling or guidance and who wish to consider making alterations or erect a new one must seek written permission in advance from the Parish Council. A Tenant must remove any structure within 30 days if requested to do so by the Parish Council.
The Parish Council cannot be held responsible for any damage or loss to a building or its contents, or to any produce being cultivated; Tenants may, therefore, wish to have insurance cover. (Please see section Liability Insurance below).
The allotments and site or any structures thereon must not be used for any illegal activity. Failure to comply will be considered a serious breach and the police will be informed.
Tenants may keep water butts or other water receptacles on the plot, but they must be securely covered. Hoses or sprinklers are not allowed except where required to fill water containers.
Hosepipes or syphoning devices are not to be used to remove water from any water supply. Any pond, tank or bath sited on the plot should be securely covered with a strong structure and kept in a safe manner.
Common Areas, Hedges and Fencing
To keep the internal hedges, and the internal face of adjoining boundary hedges on the allotment plot properly cut and trimmed. The Tenant must keep any hedge that forms part of the Allotment properly cut. Any fence, screen or other similar structure should be no more than one metre in height and be made of natural materials. The fence must not lean over or occupy the common footpath.
Not to plant or permit to grow on the allotment any tree which does not produce edible fruit, and to a maximum of one planted tree per plot (additional small fruit trees may be grown in pots), without the prior written consent of the Parish Council, such consent to be at the absolute discretion of the Parish Council. The Parish Council reserves the right to ask the Tenant to remove fruit trees when an Agreement is terminated.
Not plant any trees or shrubs so as to overhang or interfere with any other allotment, path or track on the allotment land.
The Tenant shall maintain in good order the partition strips between the common footpath and any fence etc. Temporary fencing for climbing seasonal vegetables etc is permitted. The use of barbed wire is prohibited along with any other fencing material that may cause injury on a fence or as a fence adjoining any path set out for the use of the occupiers of the allotment plots. And that all fences are kept in good order so that they are safe.
Not to sell or carry away any turf, mineral or gravel, sand or clay.
Vehicular Access and Parking
The speed limit for the allotment track is 5 mph; tenants are expected to abide by this at all times. Cars must not be parked on allotment plots, only on designated areas, so not to cause nuisance to neighbours on occupied land.
There is no parking at all along the access track.
Bonfires and Waste Materials
Not to deposit or permit to remain on the Allotment Plot any refuse or any decaying matter (except manure and compost in such quantities as may be reasonably required for use in cultivation) or place or allow to be placed any matter in the hedges or ditches in the allotment area or in any adjoining land.
Only materials compatible with horticulture may be brought on to the plot. Only organic matter such as wood, pruning’s and dry vegetable substances associated directly with the use of the plot may be burned on site.
Controlled fires for appropriate use are allowed after 4.00 pm (Pollution Control and Local Government (NI) Order 1978 or similar legislation) but must not be left unattended at any time and must be fully extinguished before the Tenant leaves the site.
Not to light any fire on any part of the allotment so as to allow smoke to drift or cause a nuisance or an annoyance to any person or persons, prior to 4pm.
Nuisance and Personal Conduct
Not to cause any nuisance or annoyance to the occupiers of any other allotment plot nor the owners or occupiers of any neighbouring property, nor obstruct or encroach upon any path set out for the use of the occupiers of the allotment plots. Failure to observe this condition will constitute a serious breach of this agreement on the part of the tenant.
The tenant is responsible for the supervision and behaviour of visitors and children on their plot at all times. Children must not be allowed to leave the designated allotment plot unless accompanied by a responsible adult. This is in respect of neighbouring tenants and to avoid any injury that may be caused by unforeseen hazards.
Tenants are permitted to bring a dog onto the allotment provided it is under proper control and kept within the confines of the allotment plot at all times, and provided that it does not cause a nuisance or annoyance to any other person. All dog faeces must be removed from the allotment site. Failure to observe this condition will constitute a breach of the agreement on the part of the tenant and will result in this permission being withdrawn.
Change of Address
The Tenant shall inform the Parish Council of any change to his/her address and contact details. A Tenant may not retain use of the plot if he/she is moving out of the parish.
Liability Insurance
The Tenant is required to have Liability Insurance (this can be done through your household insurance, or as a member of the BHAA which includes membership of the National Allotments Society, who provide basic public liability insurance) and to provide proof, along with the signed acceptance of the terms and conditions of the Tenancy Agreement.
Breach of Condition and Termination of a Tenancy
The Tenant must observe and perform all conditions and covenants contained in the conveyance or in the lease or in any other agreement under which the Council holds the land.
The Tenant must also observe and perform every other condition which the Parish Council considers necessary to preserve, develop and/or improve the allotment plot.
All tenancies will terminate if the Parish Council ceases to own or have the right of occupation of the allotment land subject to the terms and conditions of the existing Community Asset Order.
The tenancy may be terminated by the Parish Council with a months notice: If the rent is in arrears for more than 40 days; or if any tenant is in breach of the Allotment Plot Rules affecting the allotment plot or any other terms of condition of their tenancy.
The tenancy may also be terminated by the Parish Council by giving such notice as is provided for at section 1(1) of the Allotments Act 1950. Failure to report to the Parish Council of any case of dispute between Tenants relating directly to the allotments.
The Tenant will be requested in writing to discontinue any practice which is in default of the Agreement. If the breach continues, the Parish Council will terminate the Agreement with immediate effect.
A tenant may appeal in writing within 14 days of the termination letter.
The Parish Council will appoint an Appeal Panel (three Parish Councillors) to consider the appeal and shall reply to the Tenant within 14 days of receipt of the appeal. The decision of the Appeal Panel shall be final.
Upon the termination of the Tenancy, (for whatever reason), the Tenant shall remove any structure on the vacated plot if it does not comply with the Approved Structures Details or if it has not been maintained properly in accordance with Approved Structures Specification. Failure to comply will mean that the Council will remove the structure and invoice the ex-tenant. (This ruling shall apply equally to both structures erected by the tenant or bought or inherited by them from the previous plot holder).