& King George S Field, Bradwell

Bradwell Parish Council & King George’s Field, Bradwell

ALLOTMENT RULES AND

TENANCY CONDITIONS

October 2009

ALLOTMENT ACTS, 1908 -1950 REVISED TENANCY CONDITIONS EFFECTIVE 1st OCTOBER 2009 BRADWELL PARISH COUNCIL ALLOTMENTS

- 1 - (St. Lawrence and Fosters Lane Allotments)

TENANCY CONDITIONS 2009 (Amended October 2012)

1. Interpretation of Terms Throughout these conditions the term “The Council” shall mean Bradwell Parish Council in Milton Keynes. “St. Lawrence Allotments” are the allotment gardens situated between St Lawrence Church / St Lawrence View and the railway, off Abbey Road in Bradwell Village. “Fosters Lane Allotments” are the allotment gardens situated between Fosters Lane, Dansteed Way and the railway in Bradwell. “Glovers Lane Allotments” are the allotment gardens situated by the Common Lane redway off Glovers Lane, Heelands. These sites are the property of The Council.

2. Definition of persons eligible to be tenants of Bradwell Allotment Gardens Allotments may be let at the discretion of The Council to any suitable applicant. In the case of there being more than one applicant for an allotment, the plots will be allocated in the chronological order in which the applicants have been waiting. Plots will not normally, in future, be allocated to persons who already have a plot, or to persons not resident in Bradwell Parish.

3. Rent The rent payable for each plot during the first year of the tenancy shall be such sum as notified in writing by The Council to the tenant, before commencement of the tenancy. Thereafter, the rent for each plot shall be such sum as The Council will fix annually every September. Rents shall become payable from 1st October in any year. New tenants enrolling after 31st October shall pay a rent pro-rata to the annual rent, calculated from the first day of the month in which they enrol. Once paid, allotment rent monies are not refundable.

4. Deposits Tenants are required to pay a deposit of £25.00 when enrolling as an allotment tenant. This fee will be returnable when the tenant leaves the site provided the plot is in at least as good a condition as it was when first taken over. Any allotment keys, where issued, must also be returned to be entitled to a full refund of the deposit.

5. General Conditions under which Allotment Gardens are to be Cultivated The tenant of an allotment garden managed by The Council shall comply with the following conditions:

- 2 - i) Tenants shall keep the allotment garden clean and in a good state of cultivation and fertility and in good condition. ii) Tenants shall not cause any nuisance or annoyance to the occupier of any other allotment garden or neighbouring residents, or obstruct any path set out by The Council for the use of occupiers of the allotment gardens, or any paths which divide plots. The access pathways to the plots must be a minimum of one metre wide to conform to health and safety requirements. iii) Tenants shall not sub-let any part of their allotment garden. iv) Tenants shall not, without the written consent of The Council, cut or prune any timber or other trees, or take, sell or carry away any material, earth, gravel, sand or clay. v) The erection of any shed, greenhouse or horticultural structure must have the prior written consent of The Council. In granting permission, tenants must note that all buildings and structures shall be maintained at their owner’s risk regarding damage, theft and loss of contents. The Council cannot be held responsible for any loss or damage at any location within the allotment sites. vi) No glass is permitted on the allotment sites; all windows and cold frames must be made of plastic materials. vii) No barbed wire or razor wire shall be brought on to the allotments. viii) Unless authorised in writing by The Council, tenants shall not erect any fence or barrier adjoining any path set out by The Council for the use of the occupiers of the allotment gardens. ix) Only dwarf-standard or cordon fruit trees may be planted on the allotment gardens and then not within 3 metres of the allotment boundary. Soft fruit bushes may be planted but not within one metre of such boundary. x) Tenants shall not deposit, or allow any other persons to deposit on the allotments any refuse, waste materials or arisings from hedge, tree or grass cutting. Tenants must not place any refuse or waste matter in the hedges or over the fences on to adjoining land.. xi) No dog shall be brought on to the allotments unless it is held on a leash at all times while on the site. No chickens or other birds, no animals and no bees may be kept on the allotments. xii) Persons shall not drive any motor vehicle in the allotment sites except to authorised parking areas. In the case of St Lawrence allotments, cars and light vans may be driven on the main ridings specifically for the delivery of manure or compost or the collection of produce, and thereafter promptly removed. Should any ruts be caused by vehicles on the site they must be repaired promptly by the person responsible for the offending vehicle. xiii) Hose pipes are permitted only for the purpose of filling water butts or containers, but not for the continuous watering of allotments,

- 3 - unless specifically authorised by The Council in writing. Tenants must not use water from any water points on the allotments for any other purpose other than for the irrigation of allotment gardens.

xiv) Allotment gates must be kept closed when not in use, and the last person to leave the site must secure and lock the gate.

xv) Allotment plots must not be rented with the intention of commercial gain.

6. Termination of a Tenancy of an Allotment Garden The tenancy of an allotment shall, unless otherwise agreed in writing, terminate on the annual rent day, and shall also terminate whenever the right of occupation of The Council terminates. It may also be terminated by The Council, which shall then have the right to re-assign the allotment garden(s) under the following conditions:

i) When the rent is in arrears for more than 28 days.

ii) If the tenant is not duly observing the rules affecting the allotment garden or any other term or condition as set out in this notice.

7. Service of notices Any notice may be served on the tenant either personally or by leaving it at, or by posting it to, the tenant’s last known place of abode, or by fixing it in some conspicuous manner on the allotment garden.

8. Disputes Should any dispute arise between allotment tenants, or outgoing and incoming tenants, they shall be referred to The Council whose decision shall be final.

9. Power to Inspect Allotment Gardens Any member or officer of The Council is entitled at any time to enter and inspect any allotment garden.

10. Change of address Tenants shall give written notice of any change of address to The Council within 28 days of such change.

11. Bonfires The Council would greatly prefer it if no bonfires were ever lit on the site, and there are very serious penalties if smoke blows over other properties and especially the railway. As an alternative, garden refuse should ideally be composted, or taken to a Milton Keynes Council household waste site. If it is essential to burn any arisings on the plot, the material must

- 4 - be dry, must be burnt in a purpose-built incinerator, must not allow smoke or fumes to cause a nuisance to any person or property, and must be fully extinguished before leaving the site. No material introduced from outside the allotment may be burned on the allotment site. Far better never to light a fire!

Bradwell Parish Council & King George’s Field, Bradwell revised allotment terms and conditions October 2009.