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Ackworth Parish Council
Rules and Regulations for the Tenancy of a Garden at Brackenhill Allotments
1. The Tenant is hereby deemed to have become a Tenant of the (Brackenhill) allotment gardens, subject to the provision of any additional rules which Ackworth Parish Council may make in agreement with Brackenhill Allotment Association, and with which the Tenant shall comply.
2. Ackworth Parish Council agree to let the allotment garden to the Tenant, who will hold it until January 31st next at a rent stated by the Ackworth Parish Council. The Brackenhill Allotment Association will be responsible for the collection of the rent, but reserve the right to withdraw this service.
3. The rent plus water charge shall be paid on the 1st February each year. Ackworth Parish Council can consider terminating the agreement if:
a. The rent is not paid by 31st March
b. There is a breach of this agreement, whereon Ackworth Parish Council shall serve 1 month or 12 months notice, at their discretion; as per the allotment law (rules?)
c. On the death of the Tenant, (if) the allotment is not required by the Tenant’s husband, wife, son or daughter (who reside within the Parish) (.) termination will occur on the 31st January next. This concession shall only apply to one generation.
4. The Tenant shall terminate the agreement in writing to Ackworth Parish Council.
5. Tenants changing their abode shall notify Ackworth Parish Council in writing. Persons remaining within the WMDC boundary and wishing to retain their tenancy may do so at the discretion of Ackworth Parish Council.
6. Persons wishing to rent an allotment must reside within the boundaries of the Parish.
7. Upon termination of the agreement, existing structures on the site should be removed or left for the new Tenant appointed by Ackworth Parish Council.
8. All applications for allotments must be made in writing to the Clerk to the (Ackworth Parish) Council. Any applications received by Brackenhill Allotment Association must be forwarded onto the Clerk to Ackworth Parish Council. The Clerk will keep a list of all applicants in date order and will be totally responsible for the allocation of the gardens, but will discuss the prospective Tenant with Brackenhill (Allotment) Association Committee as to their suitability.
9. The Tenant shall not transfer or sublet the garden or any part of it without the previous (prior?) written consent of the (Ackworth Parish) Council.
10. All buildings and structures on the garden should be of a reasonable size and appearance and will be subject to planning bylaws. The maximum size of each structure must not exceed 12’ long x 8’ wide x 8’ high. The maximum number of wood/glass buildings should not exceed three.
If a Tenant wishes to erect a building, they should seek guidance from Brackenhill Allotment Association who will then inform the (Ackworth) Parish Council.
It is the responsibility of the Tenant to ensure that, prior to any structure being erected, advice is sought from the planning office and, if necessary, planning permission applied for and obtained. All costs associated with obtaining planning permission and the removal of the structure, if necessary, is the liability of the Tenant.
11. The allotment (garden) is primarily for the cultivation of food and must be kept in a proper state of cultivation. If poultry is being kept on the plot (allotment garden), this section should take up no more than a quarter of the plot (allotment garden). It is the Tenant’s responsibility to keep the garden in good order. The Tenant must take immediate steps to control or eradicate any disease or pest with which his/her soil/crops/structures are found to be infested/infected. Notifiable diseases should be reported to Brackenhill Allotment Association. Gardens will be inspected twice yearly.
12. The Tenant must not use any part of their allotment for any trade or business. The Tenant shall not dispose of any part of their allotment provided by Ackworth Parish Council, including plants and soil.
13. A dog cannot be kept permanently on site. If a Tennant brings a dog onto the allotments it/they must be kept on a leash and under control within their garden.
14. The Tenant shall not cause or permit any nuisance to other Tenant or adjoining properties (allotment gardens?). Neither shall they cause obstruction to said persons.
15. Any dispute between Tenants shall be referred to Brackenhill Allotment Association and may be referred to Ackworth Parish Council who has the authority to evict any Tenant if the circumstances are such that they become untenable: their decision is final with no appeal. The (Ackworth) Parish Council reserves the right to evict a tenant.
16. The Tenant shall not allow illegal plants or trees, or plants or trees which Ackworth Parish Council and Brackenhill Allotment Association decide is not normal practice, on an allotment.
17. The Tenant must not store equipment, materials or noxious fluids on the Allotments, which is not used in the cultivation of the said garden.
18. Ackworth Parish Council, Brackenhill Allotment Association and any Tenant have the right to refuse permission of entry to any person unless fully satisfied that the person has a genuine reason for entry.
19. The Tenant shall permit any member of Ackworth Parish Council or Brackenhill Allotment Association (Committee) to enter and inspect the allotment, sheds and buildings, at any time.
20. The Tenant shall not use barbed/razor wire on any fence adjoining a path.
21. There can be no claim for compensation for loss of any perennial or annual plants due to the termination of an agreement.
22. Neither Ackworth Parish Council nor Brackenhill Allotment Association will be responsible for the loss of equipment, property, or plants belonging to the Tenant due to vandalism or theft.
23. The Tenant shall not keep any livestock, other than foul, which shall be for the provision of foodstuffs for the consumption of the Tenant and their family.
24. No pigeons to be kept on an allotment.
25. All Tenants shall keep all hedges, fences and gates on their allotment in good repair.
26. Hosepipes shall only be used to fill water containers whilst under the supervision of the Tenant. No other method of (mains) water dispersal is to be used.
27. The water supply may be restricted from the end of September to the end of March.
28. Ackworth Parish Council will take water readings each month.
29. Ackworth Parish Council shall reserve the right to withhold the water supply at their discretion.
30. No person or household will be allowed to rent more than one full garden. This does not apply to persons who currently hold the Tenancy of two plots (gardens).
31. Ackworth Parish Council strongly advises that fires should be kept to a minimum and only used in exceptional circumstances. Fires of any description must conform to the instructions supplied by Environmental Health.
In addition:
a. Tenants shall respect neighbouring gardens and residences
b. The fire must be kept under constant supervision
c. The wind is not blowing the smoke towards nearby houses or onto the main road
d. When leaving your garden the fire must be extinguished completely by dousing with water. It must not be left to smoulder
e. You must have a water supply or some form of extinguishing the fire
f. If the fire becomes out of control you must dial 999 for the fire brigade to attend
g. Do not burn plastics, paint, carpets, roof felt, rubber or oil
h. Tenants must not bring materials onto the allotments to burn
Ackworth Parish Council and Brackenhill Allotment Association accept no responsibility for any resulting factors that may embarrass them and they will not be responsible for any fires that may result from this activity.
32. Any Tenant who is in contravention of any rule will be informed verbally and/or in writing by the (Brackenhill Allotment) Association. If not resolved, it will be passed to (Ackworth Parish) Council.
33. No additional caravans will be allowed on the allotments. Caravans currently on site cannot be replaced with another caravan or moved to another garden. When they are no longer of use they must be disposed of in accordance with current guidelines for the disposal of caravans. Once taken off site they will not be allowed to return. All caravans currently on site must be painted green.
34. Tenants must close and lock the gate in accordance with Brackenhill Allotment Association rules.
35. Any Tenant contravening any of the rules may result in being asked to quit their garden
Agreed and amended January 2010
Note: Where there will be some incidents where Tenants may appear to others to not be following these rules, however in many of these cases they are following older rules under grandfather rights or are doing so by agreement with the Ackworth Parish Council. If you have any concerns please raise them with the Brackenhill Allotment Association.
