AC January 2023 Agenda
Minutes of the Allotments Committee on Tuesday 10th January 2023 at 7:00pm held at the Institute.
Present: Councillors Bowell, Fowler, Rose and Thomas.
Councillor Shinkins-Hoppe ex-officio voting member.
Assistant Clerk Louise Brown taking the Minutes.
As the Chair was not present, it was agreed that Cllr Bowell would Chair the meeting.
24.23 To receive apologies for absence.
Apologies were received from Councillors Halls and Gilbert. Councillors Hall and Robinson did not attend.
25.23 To receive declarations of interest, if any.
None were received.
26.23 To adopt the minutes of the meeting held Thursday 13th October 2022.
Please see Appendix 1. https://deeping-st-james.parish.lincolnshire.gov.uk/council-business/ac-2022-minutes/2
The Minutes were agreed as a true representative and signed.
27.23 To receive reports from the Clerk.
Roadway 1.
The quotes for roadway 1, are still being looked into. Our previous contractor is now unable to complete the job on the allotment's roadways due to a change in staffing and operating conditions. The Assistant Clerk advised that they had contacted some contractors and to date, have been unsuccessful in obtaining any quotes. Cllr Fowler offered to take on this project and the Assistant Clerk will forward the information on.
Fly tipping
On Wednesday 14th December 2022, we received an email from a family member of a tenant advising us of a large load of wood chippings that had been delivered in the gateway to the site at around 5pm. The lady wanted to make an official complaint due to negligence; as this delivery had been left in the gateway of the site, blocking entrance and exit as a safety hazard and the tenant had been trapped inside the allotments in minus degree temperatures. The said tenant had to dig their way out and walk to the relative’s house some distance away for assistance. The relatives came back and helped to dig the wood chippings, so that the car could be removed.
The Clerk contacted the Tree Surgeon that delivers to the Allotments to check that they had not delivered any wood chippings and also attempted to contact the Allotments Association to discover if they were due a delivery from any other company. The outcome of these communications was that this delivery was either a delivery error or a fly tipping occurrence. The Clerk contacted the family member to inform her of the findings.
Plot Numbers
The Assistant Clerk explained why the plot numbers had not yet been completed and also highlighted another good possible idea put forward by Cllr Bowell of small wooden plaques, these could be cable tied to the fencing and are by that manner unobstructive and more aesthetically pleasing than the stakes previously agreed. Councillors discussed this option and agreed that this would be a good choice. Council are to ask Men in Sheds to quote, sourcing hard waring material, cut to roughly 8”x6” in size, with a hole drilled in each of the top corners, to hang them with. It was suggested that numbers could be bought in bulk from a local retailer. The Assistant Clerk is to check the budget available.
Plot 32B
The maintenance men have the removal of the raised beds situated at Plot 32B, on their list of jobs to complete and will attend to this when it is convenient in their work schedules. Cllr Halls is interested in placing new raised troughs in place, which may suit someone wishing a small Allotment Plot or someone with a disability.
Discussion ensued about the state of the soil on plot 32B, with queries regarding its safety as previously things had been burned in that area including dog waste and plastics. It was considered that the burning had been done over 10 years ago, so the soil would have recovered from some contamination. Should this plot be used for Allotment use in the ground, then soil testing needs to take place to make sure the site is safe. Otherwise, the ground could be covered in Geotex and raised troughs can be used instead. The Assistant Clerk is to check the budget for the provision of this project.
28.23 To receive and discuss the report from the Allotments Association and make any recommendations to Council.
The Allotments Association Report was sent out with the agenda. Councillors reviewed the information contained.
Item 4 stating that there may be a problem with tanks 5 and 9, have been reported to the maintenance men to look into.
Item 5 was noted and Councillors were made aware of the Allotments Association AGM which is to be held on the 28th March 2023.
In the main bulk of the report, the Allotments Association drew attention to the need for more plot inspections to manage plots that are getting out of hand, so as to prevent the need for more skips at the site. They suggest that new tenants should not have to use their own vehicles to clear a plot that a previous tenant left in a poor state. Furthermore, the Allotments Association feel that the new tenants could put down a sizeable deposit which could then be used should the plot not be returned in an acceptable state.
The Councillors evaluated and discussed these points and considered that if the Allotments Association would like to continue to advise the Parish Council of problem plots, as they arise, the Councillors will look in to them and approach accordingly.
New tenants are not expected to clear the previous tenants’ plots; however, they can be shown the plot to see if they would like to begin the plot in an ‘as seen’ state. Putting a sizeable deposit down on a plot, would manoeuvre some potential residents out of the market for a plot and the allotments are there for all residents in the Parish, so this is not something that the Parish Council wish to pursue.
It was agreed to continue to provide one skip per year in the Autumn, which allows new tenants priority. Tenants have the Bourne Tip facility, provided by LCC, that they may use for their waste, or the Allotments Association may consider fund raising amongst the tenants to fund another skip throughout the year.
Finally, the Allotments Association requested further information regarding the hedge cutting, plot numbers, plot 32B and the outcome regarding allowing chickens on the site.
The Assistant Clerk contacted the farmer who cuts the hedging last October, who said that he would cut the hedging in November. This has not happened as yet and after chasing the farmer, the Assistant Clerk has established that the gate code needed to be provided again and the farmer has said that he will have the hedging done by the end of the month.
Plot numbers and plot 32B have been discussed in section 27.23 above.
The request for further information regarding progress and decisions with allowing chickens on site has previously been agreed.
The Allotments Act 1950 Section 12 states:
“Notwithstanding any provision to the contrary in any lease or tenancy or in any covenant, contract or undertaking relating to the use to be made of any land, it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:
Provided that nothing in this subsection shall authorise any hens or rabbits to be kept in such a place or in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment.”
The tenant wishing to keep chickens on their plot has been granted permission after agreeing to provide proper and adequate provision for the care of the chicken’s welfare as specified by the RSPCA, the NAS and following the Deeping St James Parish Council Chicken keeping policy.
29.23 To consider correspondence received from the Allotments Association Chair, with reference to requiring a second skip.
Councillors agreed in section 28.23 that one skip is to be provided per year in the Autumn. Tenants have the provision of the LCC tip in Bourne, which is free to use and the Allotments Association could fund raise for another amongst the tenants.
30.23 To consider extending the time limit for a tenant, asked to bring their plot in line with Tenancy Agreement guidelines.
The Assistant Clerk asked for clarification on what to do when a tenant is regularly sent a letter regarding cultivating their plot and the tenant has a health condition that has affected their attendance to the site. The tenant on this occasion has asked for an extension in time to complete the work required in response to a letter.
Deeping St James Parish Council’s current protocol when a plot is not tended enough, is to write a first letter asking any to weed or to cultivate their plot to 50% if it looks like the tenant has not visited the site in a while.
Councillors will check a month later and if no work has been completed, a second letter is sent out asking if the tenant is still interested in keeping the plot as it appears to be becoming neglected and ask that work is carried out immediately. If no work is completed and Deeping St James Parish Council has not heard from the tenant, a final letter is sent in the form of a notice to quit, giving a date to remove all their belongings by.
Cllr Bowell stated that other Councils keep a record of letters sent to tenants over a 3-year period and when an inspection takes place, should a tenant have previously received a first letter, then the first letter is bypassed and instead, a second letter is automatically sent out. Councillors discussed that this would be a useful protocol to put in place with a 2-year record being held and is RECOMMENDED to Full Council for consideration.
It was decided that the Assistant Clerk should approach the tenant for an update on their condition and consider if the tenant needs to relinquish their plot for the short term, with the proviso that they will be at the top of the waiting list for when they are able to return.
31.23 To agree date of next meeting.
Councillors considered that the next meeting should be 9th May 2023, or just after the Allotments inspections have taken place.
Meeting closed at 8:10pm.