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Post by Deleted on Nov 13, 2008 10:03:05 GMT
Would anyone be able to give some advice to us please. Futher to our AGM my OH has now become Secretary of our Allotment Association (and i have become advisor to the Treasurer). Our biggest problem, which requires an urgent solution, is that our lease runs out on Nov 27th when we will have 1 years notice to quit, although no written confirmation has been sent yet of this. We are desperately trying to meet with the council to get a renewal but they seem to be dragging their feet.
One of the main concerns is that further to a refusal by the Scottish government of a new cemetery to the east of Dundee, they may be wanting the land. Our plots are at the side of the existing Eastern Cemetery and there is no room to expand it other than into the Allotment ground.
The present allotment lease is from 1978 although we have minutes from the association dating to 1953. After reading the lease it appears (from my point of view) that we are not a temporary allotment site and would therefore be sort of protected by goverment legislation regarding allotments and the council should not be able to just turf us out. In previous years we have only been getting 2 and 4 year leases.
Has anyone been in a similar situation and could give some advice? We are members of SAGS and NSALGs, would we be able to ring them up and ask them to help?
We are in Dundee, Scotland and I am not sure if UK government legislation would cover us because of the devolved scottish government.
We have sort of been thrown in at the deep end here and dont really know where to start other than harassing the council. Any help or advice would be most appreciated.
Julz and OH!
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Post by Spruance on Nov 13, 2008 11:12:08 GMT
Sorry to hear of your troubles Julzmm. I have emailed you a pdf document which might be useful. Otherwise there would appear to be several fairly relevant links on that SAGS website (such as the one below) so I would certainly have a look at that. www.sags.org.uk/docs/legal/ScottishAllotmentsLegislation.pdfI'm afraid that I am not familar with the ins and outs of allotment gardening myself, but I am sure that someone on here will be able to help you out. |
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Post by Plocket on Nov 13, 2008 13:49:34 GMT
I'm sort of pinging this because although I can't help I hope someone else can. Good luck  |
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Post by oldmoleskins on Nov 13, 2008 18:39:12 GMT
Julzmm, can't offer specific experience, but would make some points which may be relevant allowing, as you say, for 'regional differences':
1) When we as a PC controlled allotments, our land was in turn leased by us from a local benefactor. Had they wanted the 'head lease' terminated, we would have been powerless to protect our allotmenteers... so, the first question is: do the council own the land? If they do, and you have anything like 100% occupancy and have regularly paid the rent, it's difficult to see how they can easily justify terminating your lease. They have an obligation to provide accommodation and you fully enjoy it. The fact that they now might have a more preferred use seems academic.
2) If Spru's useful link info is up to date, they appear to have to give 12 months notice expiring 1st May or 1st November - so if you get notice, it's unlikely to take effect until May 2010 - nearly 18 months to organise a campaign.
3) They may not want all the land, and if you don't have 100% occupancy, or plots are unusually large, then while undoubtably irritating for those affected, it may be possible to reorganise the layout to share.
4) While undoubtably an upheaval, if you do get served notice they will almost certainly offer an alternative site. It may just be better...
No great help, but well intentioned!
OM.
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Post by Spruance on Nov 14, 2008 0:56:07 GMT
As far as I am aware, that previous link is indeed still valid. Just 'digging' a little further it seems that there have been three Scottish Allotment Acts; 1892, 1922 and 1950, although it is not immediately clear if the later ones supersede the earlier ones. You can view each of the Acts on the Ministry of Justice UK Statute Law website. Unfortunately I cannot seem to find a working link for the individual Acts, but they are on page 5 of this A to Z link.... www.statutelaw.gov.uk/AZIndex.aspx |
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Post by Deleted on Nov 14, 2008 8:36:09 GMT
Thanks Spruance, I did find the Allotment acts on the Scottish Government website yesterday (only after about 6 months of trying - dont know how I missed them before lol). I got goggle eyed in the end, but I'm sure we will find something to help. The regional man at NSALG's has passed my query onto the National secretary, so hopefully we will hear something positive soon. Once again the lady at the council was in meetings and her secretary said she would pass on our call to her, still no word from her.  We are also going to arrange a 'home visit' from our local SNP councillor to see what he could do to help us. Sometimes I think I should go into politics/council admin now, I seem to be starting to understand this 'government' lark  meetings, get messages, meetings, harrassed from people, send messages, meetings, forget what i did this morning, meetings LOL, i could go on ;D Thanks for all the well wishes. Julia |
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meetings, get messages, meetings, harrassed from people, send messages, meetings, forget what i did this morning, meetings LOL, i could go on ;D