AC 2023 Agendas

Appendix 2

Notes from the Allotments Association Annual General Meeting held on Tuesday 28th March 2023 at 7.30pm at the Institute

Apologies for absence and introduction from the Chair 

1. The Chair welcomed everyone present and during his introduction gave recognition of the help and support received from the Parish Council, with particular thanks to the Assistant Clerk, Cllr Halls and Cllr Bowell. He then outlined the following:

• The Facebook page is now up and running.

• The soup and rolls event which was cancelled due to bad weather is to be re-organised

• Mary is now organising the Newsletter

• James has taken over the selling of seeds

• The Shop has opened on 26th March 2023 and will open every Sunday

• Soil conditioner – this is to be organised once orders are placed.  

 Contact had been made with the Parish Council about stop cocks and the water being turned back on.  Tank Number 5 needs further attention although one leak had been fixed.  

 Ways to minimise waste were being considered and the Committee would like to request a further meeting with the Parish Council to discuss this. 

 The Parish Council’s storage container was discussed – reference was made to its actual location – although there is plenty of car parking space the Committee felt it would have been better placed further down the car park.  

 Reference was also made to the verbal attack directed at a Councillor and that these actions were completely condemned by the Association and would  not be tolerated.

 The Association were intending to organise a further Lend a Hand Day together with litter picking around the site.  

 It was announced that the Association meet monthly at the Pub with everyone welcome.  The Chair expressed thanks for the roles of Peter, Mary, James and Tony, as this had made a huge difference to the Association.  The deliveries of Alpaca manure had proved extremely popular  and a waiting list for more  was already in existence.  

 Reference was made to the passing  in February 2023, of a long-standing tenant who had been a founder member of the Association and condolences were passed to his family.

2. Secretary’s Report – explained that the £5 membership fee included the cost of Insurance.

3. Treasurer’s report –  accounts were viewed.

4. Election of Officers

(a) Role of chair – The current chair was willing to be re-elected: This was proposed by the Secretary and seconded by the Treasurer.

(b) Role of Treasurer:  The Treasurer was elected having been proposed by the Chair and seconded by another committee member.

(c) Role of Secretary:  The current Secretary was willing to be re-elected – proposed by two other committee members.  

(d) The rest of the committee confirmed they were willing to continue.  Currently the committee consists of 7 people and 1 vacancy remains.

5. The Allotments Show –  The success of the previous Show held on 14th August last year was explained.   The weather was hot and the BBQ very popular.  The number of classes had been well supported and prizes awarded.  Special thanks were given to Cllr Halls for her support.  It is intended to repeat the show in 2023 and the date is to be confirmed. 

6. Sunday Event on 2nd April from 10.30am to 12 noon – this is a coffee and cake event with an opportunity to exchange seedlings.  There will be a chance to purchase bedding plants and seedlings at a very discounted rate.    Events such as these are being organised to build and increase camaraderie between plot holders.  

7. The Big Clean – plot holders wishing to be involved in litter picking the site were advised that full bags of litter could be left by the Parish Council container so they could be removed by the Maintenance team.  KSH advised that plot holders should not take the bags to the Parish Council bin outside Millennium wood as was suggested.  

8. The Parish Council Container – the question was raised about whether this could be painted with mural style designs – KSH would check ownership of the Container and report back via Christine. 

The meeting closed at 8.30pm

Appendix 3

ALLOTMENT ASSOCIATION REPORT FOR ALLOTMENTS MEETING ON 23 MAY 2023

1) We started off the new year with a late  'Christmas' meal at Maharanis for the committee members where I could thank them for their support in a relaxing atmosphere.
2) On February 2nd we entered a committee team in the Clash of the Clubs quiz evening to raise funds for the Youth club and much to our surprise we did really well.
3) On 26th March having restocked our trade shop we opened for business where committee members man the shed and sell a wide range of items at good prices for the benefit of the plot holders
4) Also on 26th March we turned on the water supply to the site tanks. The water was turned off in November to try and protect the tanks from frost damage. Unfortunately, we often find damage to the piping and tanks during the winter ( especially as this winter was cold)  Tanks 5 and 9 suffered the most with tank 5 still leaking though the feed pipes
5) We held a very successful AGM on 28th March with a good attendance which was encouraging to see several new plot holders attend with one volunteering to join the committee
6) On 2nd April we held a  coffee/ cakes event on site which was provided free of charge by the committee to plot holders and families . Also included was a Easter Egg hunt for the children with prizes for the winners which was reported in' I'd Rather Be in Deeping'. Also attending the event was a plant supplier from Spalding selling a wide range of plants from his van.
Our outstanding concerns are still the leaking pipes to tank 5 and the condition of the pot holes at the entrance to the plots site which is getting worse.
We have also requested a list of which plot holders have / are about to receive a letter and what type of letter following the latest plot inspection. I know the inspection has just happened however, it would be very helpful if we can be informed of the actions following the inspection. 

Appendix 4

NALC Legal Update – April 2023 

Rent increases in allotment tenancies 

We have had some questions about rent increases in allotment tenancies and whether that necessitates a new tenancy being issued. If a tenancy contains a term allowing the council to increase rents, then it can do so. If there is no such term, the council will need to terminate the current agreement and should issue a new agreement that can have such a term in it. 

If terms need to be added, the council can ask the allotment holders to agree the amendments. If they do then the changes come into effect on a date agreed with the holders. If the allotment holders do not agree the changes, then a notice to quit must be given to each allotment holder giving 12 months’ notice. The notice must be given before 6 April or after 29 September in any given year. The notice cannot be backdated.

Appendix 5

DRAFT Tenancy Agreement for October 2023

This Agreement made the 1st day of October 2023, between the Parish Council of Deeping St James (hereinafter called the Council) and:

Name

Address

Deeping St James

Postcode

Telephone Number:  Telephone

Email: email 

(hereinafter called the tenant) by which it is agreed that:

1. The Council shall let to the tenant, yearly, the Allotment Garden Numbered ***. in the Council’s Allotment Register (hereinafter called the plot) being part of the allotments held by the Council at Hall Meadow Road, Deeping St James, PE6 8SG.

2. Payments due from 1st September 2022, for year 1st October 2022 – 30 September 2023:

Rent: Full Plot £57   Half Plot £36

**Allotment Association membership £5 (paid once for all plots held).

* New Tenancy Admin Fee £30

** From September 2021 all Tenants/plot holders will be required to become a member of the Allotment Association to ensure that appropriate Public Liability insurance cover is in place.

The tenant shall pay the yearly rent by the last day of September each year, to renew the agreement from 1st October. In the event of non-payment, the agreement will be terminated.

All payments to be made to Deeping St James Parish Council.

The Council will give 12 months’ notice of any rent increase for the following year.

Notice of rent increase for year 1st October 2024 - 30 September 2025:

Full Plot £  XX    Half Plot £XX

3. The tenancy may be terminated by the Council by serving twelve month’s written notice to quit, or by the Council taking possession after one months’ notice:

a) If the rent is in arrears for more than 40 days.

b) If the tenant is not duly observing the conditions of the tenancy.

    or by the tenant giving three months’ notice in writing at any time (unless by agreement).

4. The tenancy will end on the death of the tenant. A surviving family member may succeed the tenancy, with the consent of the Council providing they were living in the tenant’s household at the time of the tenant’s death, and on the signing of a new Tenancy Agreement.

5. The tenant shall reside within the Parish of Deeping St James during the continuance of the tenancy (unless by agreement of the Parish Council).

6. The Tenant’s Obligations:

6.1 The tenant shall during the tenancy comply with the conditions set out below.  Failure to adhere to these conditions could result in notice to quit from the Parish Council. 

6.2 The plot shall be kept in good condition, reasonably free from weeds and at least 50% properly cultivated by growing only fruit, vegetables, and flowers for domestic consumption only by the tenant and their family. 

6.3 Tenants are responsible for ensuring that the behaviour of their visitors or themselves will in no way cause or is capable of causing nuisance, distress or annoyance to other plot holders, contractors or representatives of the Council.

6.4 Dogs are only allowed onto the allotment area if kept under proper control at all times. Any fouling shall be removed by the tenant/dog owner prior to leaving the allotment site.

6.5 One small wooden or metal shed and/or two small greenhouses or one small greenhouse and one small polytunnel, (meeting dimensions 6ft w x 8ft d x 7ft h each), may be erected on the plot providing that all structures combined do not take up more than 50% of the plot. The tenant shall not erect any other building or permanent structure without first obtaining the written consent of the Council.

6.6 Fencing, up to 1 metre in height may be erected along the boundary of the plot and must be maintained to a reasonable condition.  Barbed wire fencing is not permitted.  Any pathway or roadway abutting thereon to be kept reasonably free from weeds.

6.7 The tenant shall permit the inspection of the plot at all reasonable times by any officer of the Council.

6.8 Bonfires are permitted two hours before dusk subject to the following conditions:

I. Bonfires must be contained within an appropriate metal container.

II. Fires must always be kept to a manageable size and attended until extinguished. Any fire managed in an unsafe manner or producing excessive smoke will result in an instant notice and may lead to tenancy termination 

III. Only wood, bark and other plant matter produced at the plot may be burnt. The transfer and burning of any other waste is not allowed.

IV. Chemical fire accelerants are prohibited.

V. Have consideration for other plot holders; speak to your neighbours before having a bonfire and ensure any bonfire does not cause a nuisance to other plot holders. 

6.9 The tenant shall allow the neighbouring plot holder who holds the same numbered plot but designated either a or b, access across his plot for the purpose of access to the Allotments water supply where necessary.  The use of hose pipes or standing sprinklers from the mains water supply is not permitted.

6.10 Rubbish and waste shall not be deposited ANYWHERE on the Allotment site.  Tenants are expected to take their waste home or to the local LCC Household Waste Recycling Centres.

6.11 The site speed limit of 5 mph must be adhered to by all drivers.

6.12 The plot cannot be shared with another person without the written consent of the Council.  Subletting is not permitted.

6.13 The tenant shall ensure access roads are kept clear at all times, except for loading and unloading.  Plot holders that are wishing to create a parking space within their own plot should first gain the consent of the Council.

6.14 Trees. The planting of fruit and nut trees is permitted providing they are of a dwarf variety, not more than 2.5 metres (8ft) in height and do not encroach or throw shadows on a neighbouring plot.

Invasive trees such as elder and willow and non-fruit trees are prohibited.

6.15 Invasive Plant Species:

The growing of bamboo is prohibited.

Blackberries can be grown but must be kept under control.

Do not let the following species take root on your plot, as they could devastate the whole site. Japanese Knotweed, Himalayan Balsam, Giant Hogweed.  They can be introduced unintentionally by birds, people etc:

6.16 The use of poison for rat extermination on site is prohibited.

7. The Parish Council’s Obligations:

7.1 The Council shall pay all rates, taxes, dues or other assessments which may at any time be levied or charged upon the Allotment site.

7.2 To maintain an accessible water supply to plot holders, maintenance of boundary hedges and trees to the site and security gates.

7.2 If the tenant shall have been in breach of any of the forgoing provisions of this Agreement for a period of one month or longer, the Council may re-enter upon the plot and the tenancy shall thereupon come to an end but without prejudice to any right of the Council to claim damages for any such breach or to recover any rent already due before the time of such re-entry but remaining unpaid.

7.3 On the termination of this tenancy the tenant shall be entitled to receive such compensation as is provided by the Allotment Acts 1908 to 1950 but if the tenant shall have been paid or promised any compensation by any incoming tenant of the plot the tenant shall before claiming any compensation from the Council give to it notice in writing of the matters in respect of which any such compensation has been paid or promised.

7.4 Any notice required by the Agreement to be given to the Council shall be delivered to or sent by post to the Clerk of the Council. Any notice to be given to the tenant shall be treated as sufficiently served if delivered to, left at or sent by ordinary post to the tenant’s address at the head of this Agreement.

7.5 DATA PROTECTION - Your details will be kept confidentially and held by the Parish Council for the duration of your tenancy.

8. Procedure for non-cultivation or non- compliance of tenancy conditions for the benefit of all plot holders:

8.1 All plots will be inspected in May and regularly throughout the year.

Tenants of plots not meeting the 50% cultivation definition, will receive a warning letter and will have 2 weeks to respond with their intentions and a further 4 weeks to bring the plot into 50% cultivation. If no response is received within the 2 weeks or the plot is not brought back into 50% cultivation and no extenuating circumstances have been reported to the Parish Council; a Notice to Quit will be issued.  

8.2 Should any other breach of tenancy occur, a 1st warning letter will be served, a further breach will result in a 2nd warning letter being served.  A further breach of the same or any other tenancy condition will result in a Notice to Quit being issued.

8.3 Should a tenancy be terminated either by the Tenant or by the Parish Council following the service of a Notice to Quit, the Parish Council holds the right to invoice the Tenant any reasonable costs incurred by the Council to return a plot to a reasonable standard to enable it to be re-let.  Failure to pay any costs may result in a case being pursued through the small claims court.

Any rents paid to the Council will not be refunded to the tenant should the tenancy be terminated by either party before the end of the annual rental period, for which it was paid.

8.4 A record will be held of all breaches of conditions for two years.  Should a further breach occur of the same nature within the two-year period, the Parish Council will move directly to a 2nd warning letter, asking for an immediate resolution, which if not forthcoming, will result in a Notice to Quit being served.

9. Questions/Queries/Disputes

9.1 Any questions and queries are to be referred to Deeping St James Parish Council for attention as the landlord to your tenancy agreement and plot.

9.2 Any disputes between tenants, should try to be resolved amicably before referring to the Parish Council where Deeping St James Parish Council’s decision will be final.

Julie Fortnum

Proper Officer and Responsible Financial Officer

Deeping St James Parish Council

Signed by: TENANT……………………………………………….........        Date…………………

PARISH COUNCIL OFFICER ………………………………………….       Date ………………...

Appendix 6

Quotes for Roadway 1 work

Due to the difficulty obtaining quotes, there are only two quotes available after several contractors were asked.  

Our Standing Orders are happy if we can prove that we have approached a reasonable and practical number of companies to get quotes.

Cllr Fowler contacted 5 contractors and the Assistant Clerk contacted several before this to no avail.