Allotment Holders Policy the Wrightson Allotments

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Allotment Holders Policy

Last Reviewed: 4th March 2025 aligned with policy from Shaftesbury Town Council shaftesbury-tc.gov.uk/services/allotments/ revision October 2024 for ease of comparison.

Definitions
1. "The Trust" means Wrightson Allotments Trust, and includes any trustees, or any officers authorised to act on behalf of The Trust .
2. Allotment Site" encompasses the parcel of land at the junction of Bimport and St John's Hill owned by The Trust, for the purposes of growing vegetables, flowers, and fruit.
3. "Allotment Garden" means an area of land, which may vary in size, within the Allotment Site, that is available to rent for an annual sum.
Introduction
1. This document sets out:
  1. The eligibility criteria for renting an allotment garden
  2. Procedures for allocation of allotment gardens
  3. Allotment administration
2. The Trust reviews this allotment policy annually, and makes any changes known by publishing the revised policy on its website.
3. The legal relationship between Wrightson Allotments (The Trust) as landlord and allotment holders as tenants, is defined within tenancy agreements with reference to this policy.
Eligibility criteria for renting allotments
1. To be eligible to rent a statutory allotment a person must be 18 years or older and a resident living within three miles of the defined Parish of Shaftesbury. The Trust maintains a waiting list for eligible persons. The Trust reserves the right not to accept applications for allotments.
Allocation of Plots
1. The Trust offers existing tenants with less than a full allotment first refusal on vacant plots. Thereafter the Trust supplies information regarding vacant plots as they become available to the person or persons at the top of the waiting list, to allow applicants to visit and inspect the plot, before making a decision to confirm their tenancy. In making such offers the Trust endeavours to take into account applicants' stated preferences for site and size of plot.
2. Where more than one plot becomes available at the same time, the Trust contacts the appropriate number of people at the top of the list regarding the vacant plots and these are allocated on a "first come first served basis”.
3. Applicants at the top of the list are given first refusal for the tenancy/tenancies and three weeks to respond in writing to the offer. If no response is received within this time, their name is removed from the waiting list. If they do not wish to or cannot take an offered plot, applicants may defer twice and retain their place in the list until another plot becomes available. If applicants wish to defer a third time, their names will be moved to the bottom of the list. If the plot is not taken by the person at the top of the list it is offered to the next person on the list.
4. Some of the plots have raised beds, established by previous tenants. Applicants should indicate is they are only interested in these plots.
5. When an applicant confirms their wish to commence a new tenancy, having identified the vacant plot and clarified that they are eligible, they are required, within ten working days, to sign a tenancy agreement, and to pay appropriate charges and fees before being allowed to start work on the plot. The preferred method of payment is via electronic transfer. Please contact the office for bank details.
6. All allotment plots are let on an as seen basis. The Trust is not able to carry out improvement or clearance works for new tenants, beyond making the plots safe. The Trust may at its discretion carry out appropriate actions to tidy any vacant overgrown plots. The Trust reserves the right to divide or amalgamate plots as they become vacant at its discretion.
7. Each allotment tenancy is leased in the name of one person only, even if more than one person works on the plot. There is no automatic right of inheritance. However, the other person can make a representation to the Trust, before the tenant vacates the plot, seeking the Trust's agreement to take over the tenancy. The Trust considers such representations on a case-by-case basis.
8. The tenancy of an allotment is personal to the tenant named in the agreement. Groups should use an individual named signatory for the tenancy.
9. The tenant may not assign, sublet or part with possession or control of all or any part of their allotment. (This shall not prohibit another person, authorised by the Tenant, from cultivation of the plot for short periods of time when the Tenant is incapacitated by illness or is on holiday, the Trust to be informed of the other person's name.)
10. Plot allocations range between a ¼ allotment plot to a full allotment. Tenants may ask for their plot size to be reduced during the tenancy to areas which are a multiple of a ¼ allotment plot not exceeding one full plot total. The granting or refusal of any such requests is entirely at the discretion of the Trust. Existing tenants with less than a full allotment plot are offered first refusal in their order of their original waiting list application before offering to the waiting list. There is variation in plot dimensions for historical and topographical reasons.
Administration
1. The Trust provides and maintains computerised allotment waiting list and tenancy records in accordance with the Data Protection Act 1998. Tenants may contact staff by telephone or via the email advertised on the Trust's website wrightsonallotments.org. Any queries about this policy should be referred to the Trust.
2. The Trust promotes ‘best practice' on its allotment sites and encourages sustainable environmental management, as outlined in the Sustainable Shaftesbury Biodiversity Checklist, published on the STC website. It seeks to make sites as accessible and useable for all allotment tenants as possible and considers requests for improvements where required for disability accessibility.
3. The Trust provides a water supply. The water supply is turned off during the winter months (between the beginning of November and late March each year) to reduce costs. Tenants are not permitted to tamper with the main stopcock. It also provides communal water butts, which should be used in preference to the metered water.
4. The Trust accepts no liability for any loss, damage or injury to tenants or their belongings occurring on their allotment gardens. The Trust accepts no responsibility for damage, loss or theft from vehicles parked adjacent to the Allotments Site or temporarily on the Allotments Site. Vehicles are left at their owners risk. No vehicles to be left on the Allotments Site overnight.
5. Complaints should be addressed to the Trust's Contact address shown at the bottom of this page. They will be referred to the trustees for attention.
Disputes
1. Disputes between tenants shall in the first instance be referred to the acting Secretary. If the dispute cannot be resolved, then the matter will be referred to The Trust's trustees and the subsequent decisions of the Trust are binding on all concerned.
2. The Trust and Tenants are expected to comply with the Trust's policies in respect of harassment and discrimination.
3. Tenants must not discriminate against, harass, bully or victimise any other person/s on the grounds of race, colour, ethnic or national origin, social origin, language, religion, political or other opinion, belief, gender, marital status, age, sexual orientation, sexuality, medical condition, disability, or disadvantaged by any condition which cannot be shown to be justified. No tenant must cause another tenant harassment, alarm, or distress. Any use of violence or threats of violence or damage to an others property will be grounds for immediate termination of tenancy as per paragraph 7.a and possible prosecution.
4. Complaints about harassment are, in the first instance, to be referred to the Trust's trustees, who will investigate the matter. If the complaint is satisfied at that point, then the matter will end there. The complainant will be able to respond within one month of the decision with reasons. If the complainant is not satisfied, then both parties within one month of the decision may lodge all papers and evidence relating to the matter with the Trust for a decision.
Transgression of Tenancy
1. Following a transgression of tenancy, a tenancy agreement will be terminated either with immediate effect or at the end of the current tenancy depending on the outcome of an investigation and subsequent decision by The Trust.
Rent
1. The tenant must pay the agreed rent within 40 days of the 1st March.
2. The rent year runs from 15th March to 14th March. Tenants taking up any an allotment within the rent year will normally be invoiced for the remainder of the year with a pro rata amount.
3. A tenant may voluntarily relinquish their allotment at any time giving 14 days' notice, or have their tenancy terminated for breach of the tenancy agreement before year end but no rebate will be payable.
4. The departing tenant shall remove any items or derelict structures from their plot before the end of the tenancy. The Trust will dispose of any such material not removed by the tenant. The full cost of disposal or clearance shall be charged to the outgoing tenant. The plot will be left clean and tidy.
5. Rent may be increased annually to coincide with the beginning of each new allotment year, providing one year's notice. This notice may be in writing to individual tenants and/or displayed prominently at notice boards. Failure to give written notice to any individual tenant or failure on the tenant's part to read any information left on notice boards will not invalidate that, or any other, tenant's rent increase. See wrightsonallotments.org/rents for current and future rent details.
Cultivation
1. The Tenant shall keep their Allotment Garden free from weeds and maintain it in a good state of cultivation (minimum 75% cultivation) and keep the allotment in a clean and tidy state throughout the year. An area that is annually cleared of weeds yet remains un- cropped or un-planted during any one year will be considered as non-cultivated.
2. From the start of the tenancy agreement the tenant will have a two-month period in which enforcement for non-cultivation is not applicable. The Trust will inspect the plots between the months of April and October. In the case of non-cultivation there is only one warning given. If a plot is not brought up to an acceptable condition within the time frame set out in the warning, then the Trust will serve a repossession for which there is no appeal.
3. The maximum amount of the allotment garden allowed to be hard landscaped e.g. patio, internal paths, shed, poly-tunnel etc is 25%.
4. The cultivated area is defined as the area that is cultivated for crop or flower production. Cultivation requires the tenant to regularly work 75% of the plot, including mulching, pruning and weeding. Compost bins, water butts, glass houses, poly-tunnels and fruit cages are also included within the cultivated area.
5. If a plot is brought up to an acceptable standard but then left to fall into non-cultivation again, the Trust will serve another warning. The Trust will only serve two warnings in a five year period before repossessing the plot.
6. Care must be taken in all cultivation and infrastructure creation that protected and non-protected wildlife species are not harmed during these operations. (See Section 13: Protected species)
Use of pesticides, herbicides, vermicides and fertilizers etc.
1. Due to large scale habitat loss in the countryside, and large-scale pesticide use in agriculture, wildlife such as hedgehogs, birds, insects and bees are seeking refuge in our towns. This makes it very important that within our allotment sites we create safe, synthetic chemical free, areas.
2. The use of synthetic chemicals can have a devastating effect on our environment and its biodiversity. There are several detrimental effects from the use of synthetic chemicals (and some ‘natural' chemicals). These include run off that contaminates water courses and poisons aquatic life; direct poisoning of plants and animals, including worms and insects that are beneficial to gardening; indirect or residual toxicity of the soil that may affect the immediate area of application; contamination of adjacent areas' plants and animals. When used on soft surfaces, such as vegetation or grass swards, there is a possibility of contamination of adjacent areas.
3. Many of these chemicals are highly persistent, meaning that they stay around in the soil for a long time, increasing the likelihood that they will disrupt good soil organisms and enter both the human and animal food chains, watercourses, and aquifers.
4. Tenants must not use:
  1. Synthetic pesticides, vermicides, herbicides, or similar non-organic means for controlling pests and weeds.
  2. Slug pellets, even those that are organic, as they may harm hedgehogs and other wildlife.
  3. Synthetic fertilisers or soil conditioners
  4. Peat based compost
  5. Non-organic weedkiller, such as Round-Up™ or Gallup
  6. Pest control such as: rat poison
  NB: Many organic pesticides are less toxic than their synthetic counterparts, but that doesn't mean they are safe or won't cause environmental harm. For that reason the Trust requires tenants to use other methods.
Hedges, Invasive Plants & Ponds
1. Tenants are responsible for maintaining any hedge on or abutting their plot. Hedges shall be trimmed at least once per year so as not to obstruct access. Hedges should not be cut back during the bird nesting season, which runs from 1st March to 1st September. See also Section 21: Boundaries for additional consideration of site boundaries, where they abut plots.
2. No fast growing conifers or invasive screening plants such as bamboo or willow may be planted.
3. The Trust recognises the value of ponds to biodiversity. As such it encourages their use on allotments. However, for safety and practical reasons there are some restrictions. The maximum surface area for a pond is 1.5 square metres and will be no deeper than 50cm. The pond area will be included as part of the non-cultivated area. Ponds must be naturally constructed and concrete or any other hard landscape material is not permitted. All ponds should be sited at 2 metres distance from any path and tenants are advised to provide secure fencing. The use of sunken baths as ponds or for water storage is not permitted on safety grounds
Water, Bonfires & Other Restrictions
1. Sprinklers are prohibited. Hose pipes may be used to water directly if handheld or to fill water butts, provided this does not prevent other tenants having access to water supplies.
2. The tenant shall practice sensible water conservation, utilise covered water butts on sheds and other buildings and consider mulching as a water conservation practice.
3. Bonfires are not permitted for practicable purposes by The Trust's insurance policy.
4. All potentially toxic materials should be removed from the Allotment Site and disposed of appropriately.
5. Tenants may not remove any mineral, sand, gravel, earth or clay from the allotment gardens without the written permission from the Trust.
6. The use of plastic is discouraged. Any plastic used must be in good condition. When any item begins to degrade, fragment or shed it must be immediately and safely removed. This includes especially that is covered or below the soil surface.
7. The use of strimmers is allowed, however care should be taken and the grass checked for any wildlife before they are being used.
8. Composting must adhere to guidelines in Section 22: Composting.
Protected Species
1. The Trust is committed to the protection and enhancement of populations of protected species and all other native wildlife through all their activities. Allotment users should take all reasonable measures to avoid the killing or injury of all wildlife to include legally protected species.
2. Reptiles: Slow worm, Grass snakes, Common lizard, Amphibians: Great crested newts, Common frog, Common toad and Smooth newts are prevalent throughout out all of the allotment areas. All of these animals are regularly found sheltering under black plastic, compost piles, brash piles and stones or flag stones. Where discovered these species should be re-covered and left in place or if necessary moved to suitable habitat directly proximal to where they were found. (Legally protected species shown in Bold above. It is a legal offence to recklessly or intentionally kill or injure these animals. In addition: It is an offence to handle Great crested newts without an appropriate license)
Structures & Fences
1. A communal shed is provided. Tenants have no automatic right to erect sheds or greenhouses. Poly tunnels, glasshouses and fruit cages will be included within the cultivated area.
2. Any structure on the allotment must be temporary and maintained in safe order with an appropriate external appearance and condition. If the Trust is not satisfied with the state of the structure, the Tenant will be contacted and if no successful conclusion has been reached the Trust reserves the right to remove the structure and charge the cost to the tenant.
3. The Tenant shall not without the written consent of the Trust erect any building or pond on the Allotment Plot. A deposit of £75 will be required for any structure that is using glass, to be held as a clearance deposit if glass remains on a plot following the end of the Tenancy.
4. Any structures erected on the allotment shall not be made from hazardous materials (e.g. asbestos) and the colour shall be in keeping with the natural environment.
5. Oil, fuel, lubricants or other inflammable liquids shall not be stored on the Allotments Site.
6. The Trust will not be held responsible for loss by accident, fire, theft or damage from the Allotment Plot
7. All structures must be adequately secured to the ground to prevent uplift with sheds and glass houses requiring a footing on slabs bedded on sand.
8. All structures must be kept within the boundary of the allotment.
9. Solid fences should not be erected without approval.
Livestock
1. The Tenant shall not keep animals or livestock on the Allotment. Hens are included in this prohibition.
Bees
1. Bee hives are forbidden in the allotments.
Dogs
1. Dogs must not be brought onto allotments or any part of the site unless they are kept on a short lead or otherwise restrained at all times.
2. Tenants with dogs must ensure their dogs do not persistently bark or harass allotment tenants.
3. The burial of any pets or animals on any allotment land is strictly forbidden.
Site Safety, Security & Duty of Care
1. Tenants' plots, the allotment site or any structures thereon may not be used for any illegal, immoral, or anti-social purpose. Tenants found to have committed an illegal or immoral act will be subject to immediate tenancy termination.
2. Tenants, even when not on site, have a duty of care to others on the allotment site or adjacent to it. This includes visitors, trespassers, other tenants, themselves and wildlife. This is particularly relevant in relation to:
  1. The timing and usage of mechanical equipment such as strimmers and rotovators, and the means to power them such as petrol, oil and gas. Tenants should only bring sufficient fuel onto the plot for their requirements and take away any fuel left over
  2. The prevention of obstruction of paths and haulage ways
  3. The sturdy construction of any structures or features on the plot
  4. The safe application and storage of organic pesticides (including weed killers and fertilisers), following manufacturer's recommended application and storage methods. Rates and precautions must be adhered to and containers disposed of safely and appropriately.
  5. The safe storage and usage of tools
  6. Removal of broken glass and other hazardous materials, such as asbestos, in a safe and timely manner
Security and maintenance of structures on your plot
1. Unsafe working will be seen as a breach of these rules and may result in immediate termination of tenancy. The tenant shall be liable for any damage or injury caused by unsafe working practices.
2. Tenants may not bring, use or allow the use of barbed or razor wire on the allotment.
3. The Trust is not liable for loss by accident, fire, theft or damage of any structures, tools, plants or contents on allotment. Tenants are advised not to store any items of value on the allotment, and to insure and mark any items kept at the allotment. Tenants should report incidents of theft and vandalism to the Trust and the police.
Unauthorized Persons & Visitors
1. Only the tenant, or a person authorised or accompanied by the tenant, is allowed on the site.
2. The tenant is responsible for the behaviour of pets, children and adults visiting the allotment. In an instance where a visitor breaches site rules then the tenant will be held equally responsible.
3. A tenant's plot(s) are not suitable for private gatherings. The playing of amplified music by tenants is forbidden.
Boundaries
1. Site boundaries must not be used for storage, dumping off-cuts or guerilla composting. They must be kept clear to avoid rodent harbourage.
2. Tenants should keep personal belongings within plot boundaries to leave paths clear.
Composting
1. Compost heaps and bins must be confined to tenants' individual cultivated areas within plot boundaries.
2. Heaps must be turned on a regular basis to avoid rodent nesting. Wire mesh bases are encouraged on plastic compost bins.
3. On site composting should not be used for kitchen scraps.