ASHBY De La ZOUCH TOWN COUNCIL

ALLOTMENT ACTS 1908 TO 1950

RULES AS TO ALLOTMENT GARDENS

Made by the Ashby de la Zouch Town Council with respect to allotment gardens for the parish of Ashby de la Zouch

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 Plan HERE]

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.

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.

Rule 10. SERVICE OF NOTICES

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.

ADDENDUM

• 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 :
_ o Must only be dry material burnt
_ o Must not be lit on windy days
_ o Must be supervised and have buckets of water available
_ o 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: Andrew Rollason - Chairman

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