RULES AND REGULATIONS CONCERNING MAUDLAM ALLOTMENTS EFFECTIVE 1ST JUNE 2009

1. EFFECT OF RULES AND REGULATIONS

These rules and regulations adopted by Resolution of Cornelly Community Council (here called “the Council”) dated 13th May 2009 shall come into force on 1st June  2009. They shall relate to the Council’s allotments located at Maudlam Bridgend.

They shall govern all allotment plot tenancies with effect from that date. They are referred to herein as “the Allotment Regulations”. They shall be capable of amendment at any time by Resolution of the Council passed in accordance with the Council’s standing orders from time to time.

The persons to whom an allotment has been provided by the Council are referred to in the Allotment Regulations as “the allotment holder”

The headings used for each numbered regulation herein are for reference only and not to be used in construing the meaning and effect of the Regulations

2. ALLOCATION OF PLOTS

Save where the Council shall decide otherwise by Resolution all plots on the allotment premises shall only be provided to a person who at the date of his application to the Clerk for a plot and at the date that it is proposed to allocate a plot to him or her is resident within the area governed by Cornelly Community Council from time to time. In the event of any dispute as to whether a person qualifies under this regulation the matter shall be determined by the Council and that decision shall be final and conclusive.

3. HOLDER TO USE PLOT PROVIDED ONLY

The allotment holder shall use only the plot provided to him or her and not any other plot. He or she shall not exchange plots with any other allotment holder nor cease to use the plot allocated to him or her in favour of another vacant plot unless he or she shall first have obtained the written approval of the Clerk for the same

4. ADMISSION TO ALLOTMENTS

The allotment holder and any visitors authorised by him or her shall access the allotment site only by means of the main lockable gates and not by any other means.

The allotment holder shall not block or otherwise obstruct the main access to the allotment premises nor any of the general access paths within the allotment premises.

Only the allotment holder shall be entitled to exercise the right to use the allotment provided to him or her. The allotment holder may permit others onto the allotments site provided they are there under his or her supervision and visiting only. He or she shall not grant to anyone the right to share the plot provided to him or her nor allow anyone into occupation whether permanent or temporary of the plot provided.

The allotment holder shall be responsible in all respects for the behaviour safety and general conduct of any person who he or she allows onto the allotments and the allotment holder will be responsible to the Council for all losses damages or costs to which the Council may be put because of the act of any such third party.

5. BEHAVIOUR OF ALLOTMENT HOLDER

The allotment holder shall at all times behave in a proper manner whilst on the allotment premises and shall do nothing which is or might become a nuisance annoyance or cause disturbance to the Council or any other allotment holders. The Council may temporarily suspend the provision of a plot to the allotment holder if his behaviour is in breach of this clause and after a warning from the Council, if it has not ceased or been modified as necessary, any continued breach of this clause may result in the termination of the entitlement of the allotment holder to be provided with a plot.

6. SECURITY

The allotment holder shall be responsible for the safekeeping of any tools equipment, goods, plants, fertilisers, compost or other material of any description which he may keep or bring onto the allotment site. The Council shall have no liability for the loss or damage of the same however caused.

The allotment holder will be issued with one key for the main lockable gate of the allotment premises. He or she shall be responsible for the safe keeping of the said key. The Council will only replace the said key if the Clerk of the Council is satisfied that the key has been lost and provided that the allotment holder pays the cost of preparing a new key. The allotment holder shall not have any key provided to him or her copied unless he or she has the Clerk’s authority to do so.

Upon gaining access to the allotment premises the allotment holder shall ensure that the padlock is placed in a location close to the gate but off the ground to prevent damage to the said padlock.

Upon leaving the allotment premises, if the allotment holder is the last to leave he shall ensure that the main gate is fully locked and secured with the padlock provided or in accordance with any other security arrangements put in place by the Council from time to time.

7. PAYMENT OF RENT

The allotment year shall run from 1st May in each year. Rent shall be paid for each plot no later than 30thApril in the year prior to the commencement of each such year. The Council reserves the right at its absolute discretion to provide any allotment holders plot to another person on the Council’s waiting list if rent is not paid by the due date.

8. RULES ON USE OF THE PLOT PROVIDED

The plot shall be used only for horticultural purposes and for no other purpose.

No rubbish or any type of deleterious material shall be stored dumped or placed upon any plot or any other part of the allotment premises. Only equipment necessary for the use and enjoyment of the plot provided shall be brought onto the allotment premises

The plot shall not be used for any illegal or immoral purpose or in any way which is detrimental to the proper use and enjoyment of the said allotment premises or any plot on the same.

No plant shall be grown on the plot or any part of the allotment premises which may be used or employed for use as a narcotic nor shall any plant which may be considered by the Council or which is generally acknowledged to be invasive and/or detrimental to the environment or otherwise undesirable be grown upon the allotment premises 

The allotment holder shall only work and use the plot area provided to him and shall not encroach or interfere with any other designated plot . Nor shall he or she use any other part of the allotment premises not designated as part of a plot other than for the purposes of access to and egress from the allotment premises.

No motor vehicles whether roadworthy or otherwise shall be taken onto or left on the allotment premises other than for the purpose of loading or unloading and shall be removed immediately such loading or unloading is completed

The plot provided to the allotment holder shall be regularly worked and the soil therein turned as appropriate to keep down weeds and so as to keep the plot and the allotment premises clean and tidy for the use and enjoyment of all allotment holders.

The allotment holder shall not employ on the allotment premises any fungicide, weedkiller or other chemical treatment unless the same shall be a proprietary branded product which is appropriate for use where foodstuffs are being grown and produced and is such as will not cause damage to or adversely affect the soil or any produce grown from time to time on the allotment premises.

Any chemical employed on the allotment premises shall be handled, applied and disposed of in accordance with manufacturers instructions and shall not be stored upon the allotment premises unless absolutely necessary. Any chemical properly employed and which needs to be stored shall be stored in secure lockable accommodation to be supplied by the allotment holder or by any Allotment Association which may exist from time to time. All chemicals shall be disposed of by the allotment holder at his expense and in a manner which is safe and lawful .

Fires shall only be lit on the allotment premises in accordance with the following:

No fire shall be lit until after 7pm on any day
No fire when lit shall be left unattended
No fire shall be lit when winds may blow smoke either towards local residential areas or towards the M4 Motorway
If any fire when lit causes a nuisance to adjoining owners or a hazard it shall be immediately extinguished
Only vegetation shall be burned in any fire and no other material whatsoever.

The allotment holder may, at his or her expense, provide ONE small shed or similar outbuilding for the plot provided to him or her for the exclusive storage of tools equipment and where permitted by these rules any chemicals.  The dimensions of any shed or similar outbuilding can be no larger than 6’ x 4’ and no storage shed or similar building shall be erected on the plot unless the size, siting and appearance of the same has been approved in writing by the Council. All such buildings shall in any event be erected as close to the allotments boundary fence as possible and shall not be erected in a position which shades any neighbouring plot.  All plot holders should work with neighbouring plot holders to ensure that space is provided on the perimeters of the allotments to allow all sheds/outbuildings to be sited alongside the boundary fence of the allotments.  The allotment holder shall keep the appearance of such building neat and tidy and he or she shall be responsible for the security of the said building.  If the said building is to be painted then to ensure conformity the only colour to be used is brown.  The Council shall have no liability for any theft, damage or destruction of the said building or its contents, however caused.

Greenhouses are not permitted on the allotments for Health & Safety reasons, however small cloches are acceptable.

No services by way of water drainage or similar shall be supplied to any plot unless the same shall have been approved by the Council

The allotment holder shall do nothing which causes or may cause damage to the fences hedges boundaries or any installations or equipment owned by the Council and located on the allotment premises nor to any such items which may be owned by third parties and which are located on the allotment premises with the permission or acquiescence of the Council.

No animal bird or poultry shall be brought onto or kept on the allotment premises for any purpose or at any time.

No fencing shuttering edging or other type of enclosure shall be used on any plot and in particular no asbestos sheeting shall be used on the allotment premises

An annual review of each allotment will be undertaken and if it is found that any shed or similar outbuilding already in place does not meet Health & Safety requirements then the plot holder may be asked to reduce the size of, or remove, the said shed or outbuilding.

If a plot holder decides to relinquish their plot, or if the plot becomes vacant for any other reason, then any shed or outbuilding that is already on the plot must be removed from the plot.  If such buildings are not removed then the Council will arrange removal and ensure that any costs are met in full by the outgoing plot holder.  Sheds or similar outbuildings are not transferable to new plot holders, unless previously agreed with the Council.

9. SERVICES AND INSURANCE

The Council shall not be obliged to provide any services including any water supply to the allotment premises.

The Council shall have no liability to provide insurance for any aspect of the use by any allotment holder of the allotment premises

10. LENGTH OF ANY PERMISSION TO USE A PLOT

The allotment holder shall have use of any plot provided to him for so long as he or she abides by the Allotment Regulations from time to time and in that event from 1st January to 31st December in every year. The Council may in its absolute discretion renew annually the provision of a plot to the allotment holder if he or she wishes and provided he or she has not terminated the arrangement and wishes to accept such renewal. Any renewal will be for a maximum period of one year. 

The allotment holder may terminate his use of a plot upon giving seven days written notice of the same.

The Council may terminate the arrangement with the allotment holder at the end of an allotment year. 

The Council may terminate the arrangement with the allotment holder upon giving one month’s notice at any time. 

In the event that the allotment holder be found to be in substantial breach of any of the Allotment Rules & Regulations then two warning letters will be sent to the allotment holder outlining the remedial action to be taken and the timescale in which said action must be undertaken.  If the aforementioned warning letters are not complied with then automatic termination of the arrangement between the Council and the allotment holder will result.

No refund of rent for any unused period of the arrangement shall be refunded to the allotment holder

If the arrangement with the allotment holder for the provision of a plot is terminated for any reason the allotment holder shall at the end of the notice period ensure that

1. He or she has removed all produce equipment goods and other material from the plot
2. He or she has left the plot in a clean and tidy state in accordance with the Allotment Regulations
3. He or she has returned the key of the main gate to the Clerk    

11. LOSSES OF COUNCIL TO BE MET BY ALLOTMENT HOLDER

If the Council is put to any expense damage loss or liability due to the act or default of any allotment holder under the Allotment Regulations or otherwise in consequence of his use of the allotment plot provided to him, (and whether or not the arrangement for the provision of a plot has been terminated), he or she shall be liable to repay to the Council the amount of all such expenses damages losses and liabilities forthwith upon the Council making written demand for the same.

GIVEN THIS 1ST  DAY OF JUNE 2009

CLERK TO THE COUNCIL