What is the legal definition of an allotment garden?
The term "allotment" is defined in the Allotments Act 1925 as "an allotment garden, or any parcel of land not more than five acres in extent cultivated or intended to be cultivated as a garden farm, or partly as a garden farm and partly as a farm." An "allotment garden" is defined in the Allotments Act 1922 as an ...
As a general rule, the letting of allotments is governed by the ordinary law and not by statute. This means that the terms of a tenancy are a matter for agreement between the council and the tenant. However, most councils offer standard terms in a printed document which tenants simply accept.
Planning Permission is required: Planning Permission not required: To use land for leisure allotments or ornamental gardens where the use cannot be regarded as falling within the definition of agriculture. For example if it contains lawns that are used for sunbathing or playing games.
Allotments Act 1925 Required local authorities to recognise the need for allotments in any town planning development. Established statutory allotments which a local authority could not sell or convert to other purposes without Ministerial consent.
Section 12 allows certain forms of livestock (hens and rabbits) to be kept although this is, in some cases, restricted by local bye-laws. Note: Allotment authorities in England and Wales are the district councils and, in Wales, community councils or, in England, London Boroughs and parish councils.
10 MISTAKES TO AVOID ON YOUR FIRST ALLOTMENT PLOT / ALLOTMENT GARDENING FOR BEGINNERS
What are the two types of allotments?
Meanwhile, any active-duty service member can set up allotments or payroll deductions from their paycheck to pay or repay certain expenses. There are two types of allotments: discretionary and nondiscretionary.
Section 8 of the Allotments Act 1925 states – “Where a local authority has purchased or appropriated land for use as allotments the local authority shall not sell, appropriate, use or dispose of the land for any purpose other than use for allotments without the consent of the Secretary of State”.
"Statutory" allotment land is land of which the freehold or very long lease is vested in the allotments authority, and which was either originally purchased for allotments or subsequently appropriated for allotment use.
The maximum amount of rent which can be charged for an allotment garden tenancy is such rent “as a tenant may reasonably be expected to pay for the land if let for such use on the terms (other than the terms as to rent) on which it is in fact let” (section 10(1), Allotments Act 1950).
What is Section 23 of the Small Holdings and allotments Act 1908?
Section 23 provides that if allotment authorities 'are of the opinion that there is a demand for allotments...in the borough, district or parish the council shall provide a sufficient number of allotments to persons... resident in the borough district or parish and desiring the same'.
What is the difference between a garden and an allotment?
Allotments are generally understood to be individual plots cultivated for private use, grouped together on a larger parcel of land. A Community Garden is generally a parcel of land which is cultivated by a group together as a whole plot. Most allotments forbid any permanent structures.
An allotment (British English) ( or in North America, a community garden, is a plot of land made available for individual, non-commercial gardening or growing food plants, so forming a kitchen garden away from the residence of the user.
The individual gardeners are usually organised in an allotment association, which leases or is granted the land from an owner who may be a public, private or ecclesiastical entity, and who usually stipulates that it be only used for gardening (i.e., growing vegetables, fruits and flowers), but not for permanent ...
The duty of councils to provide allotments. Under SHAA 1908, councils are under a duty to provide a sufficient number of allotments if they are of the opinion that there is demand for allotments in their borough, urban district or parish.
the provision and disposal of sites by local authorities. The legislation provides that allotment authorities are responsible for providing and administering council owned allotments. Community, Town and County Councils (including county boroughs) are defined as allotment authorities in law.
Security of tenure. The Allotment Acts gives allotment holders some security of tenure. Their tenancies cannot be terminated unless: at least 12 months' notice to quit has been given to the allotment holder expiring on or before 6 April or on or after 29 September in any year; or.
However, there is a little-known act of parliament that supersedes most tenancy agreements and gives the green light to keep chickens; The Allotment Act 1950 “An Act to amend the law relating to allotments and to abolish restrictions on the keeping of hens and rabbits”.
Unfortunately most allotments are only available to rent and very few allotments are for sale. Most council owned allotments are often situated in undesirable, polluted areas next to main roads or railway lines.
An allotment plot is normally 10 poles. 10 poles are 302.5 square yards. One pole is an area 5.5 yards' x 5.5 yards. This gives 160 poles to one acre, which is 16 plots of ten poles each to the acre.
An allotment is traditionally measured in rods (perches or poles), an old measurement dating back to Anglo-Saxon times. 10 poles is the accepted size of an allotment, the equivalent of 250 square metres or about the size of a doubles tennis court.
“Allotment Tenancy Agreement” means this contract between the Council and the tenant in relation to the letting of an Allotment Garden. “Notice to Cultivate” means a notice to the plot holder to improve the state of their plot within 40 days should it be in breach of the conditions below.
An Allotment is the portion of an appropriation available to a department for expenditure at the present time. Allotments are cumulative; the allotted amount represents year-to-date funds that are available for expenditure as of a given period of time.