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THE
DUTIES OF THE ALLOTMENT GARDEN HOLDER
The
National Society of Allotment and Leisure Gardeners Ltd
The
prime duty of any plot holder is to abide by the terms of the tenancy agreement
and to respect his/her fellow plot
holders. This blanket statement covers a range
of specific duties, but could best be summed up by ensuring that, in all aspects
of his/her allotment gardening, common sense is applied.
The
allotment must be kept clean, especially of obnoxious weeds, and maintained in
a good
state of cultivation. There is a legal duty not to do anything
to change the nature of the plot so as to impair its value; crop rotation,
application of manure/compost and prevention of soil borne diseases are
essential aspects of this duty practiced by every good gardener.
The
allotment gardener must not cause a nuisance or annoyance to fellow
plot
holders paths must not be obstructed. Again, a common sense approach
will
ensure
that fires are regulated to see that smoke does not annoy
others, spraying is done in calm conditions to prevent spray drifting onto
neighbours crops, rubbish is not accumulated on the plot or surrounding paths,
adjoining hedges/trees are cut and trimmed and any fences and gates are kept in
good repair.
The
allotment
fire is probably one of the greatest causes of annoyance to others, and care
should be taken to check wind direction when lighting, in addition to siting the
fire so that it will not scorch neighbours' crops.
A Smokey fire which
causes a nuisance may contravene section 16 of the Clean Air Act 1956
and
the Environmental Health can
take action in the Magistrates Court
resulting in a fine of up to £2000. Again, anyone lighting a fire and allowing smoke
to drift across a highway faces a fine of up to £2000 under the
Highways (Amendment) Act 1986
The
status of allotment gardening in the local community should, for the benefit
of
the whole allotment movement,
be maintained and upgraded by keeping
allotment
sites, and individual plots, both tidy and pleasing to the eye.
Every plot holder can assist In achieving this aim by keeping paths and roadways
trimmed and tidy, by avoiding "shanty town" type sheds, by avoiding
the use of unsightly materials
for wind breaks, and by planning the layout
of
the plot. How
many plot holders would wish to see rusted corrugated
Iron windbreaks and such like In their home gardens?
The tenancy agreement does
not permit sub-letting, forbid the use of the allotment for the carrying on of a
trade or business, and demand that rent must be paid on time. The plot holders
have a duty to conform with tenancy conditions, and must observe "the landlord's
requirements not only to protect their own tenancies, but also to ensure that
the site is not brought into disrepute.
Whilst
all plot holders wish to protect their crops from vandalism and theft, it must
be remembered "that barbed wire cannot be used for fencing adjoining
paths/roads. On
secure
sites with fencing and lockable gates, do take a minute or
so to lock entrance gates and check perimeter fences -
your
crops, and those of your fellow plot holders, can be saved by having close
regard to these matters.
The
1950 Act allows for hens (but not cockerels) and rabbits to be kept on an
allotment (but all livestock should be enclosed) and to erect any such building
or structure as is necessary for that purpose. However, hens/rabbits must not be
kept in such a place or in such a manner as to be prejudicial to health or a
nuisance. Again, any necessary construction/building should be reasonable in
construction/appearance and erected in such a way as to ensure that livestock cannot
escape and eat neighbour's crops "
The
common law duty of care to visitors and their safety has to be borne in mind, as
must the law relating to protected birds and wild animals, no matter how much
damage to crops they may cause.
Allotment
sites could be made much more attractive by plot holders taking the trouble to
edge plots with a few flowers and so enhance the site's overall appearance. If
plot holders can make their site attractive, more people will be encouraged to
take plots and so help to ensure the site's future. Could you not spare a little
time to keep weeds/grass cut on vacant allotment plots?
Allotment
holders are renowned for demanding that their landlords undertake work on sites
and provide facilities. Remember, though, that you -
the
plot holder -
also
have a duty to play your part in maintaining the site and a number of
obligations.
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