FOUR MARKS ALLOTMENT ASSOCIATION HANDBOOK FOR PLOT …

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FOUR MARKS ALLOTMENT ASSOCIATION

HANDBOOK FOR PLOT HOLDERS

MARCH 2021

E mail: [email protected]

Web address: http://fourmarksallotments.org.uk

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FOREWORD

This handbook has been produced as a guide and as a source of information for new plot holders, as well as the more established tenants.

Allotment gardening is a great outdoor activity to involve the whole family, with the added satisfaction of growing your own fruit, vegetables and cut flowers.

It provides the benefits of fresh air and healthy physical exercise and is a great way to introduce children to growing their own healthy food. Working an allotment plot can give you an opportunity to enjoy green spaces away from the pressures of modern living. Tending it at your own pace provides regular physical exercise (a ‘green gym’ if you like) and is an excellent way to relieve stress and enjoy the benefits of a community environment. Furthermore, the produce you grow can contribute towards a balanced, healthy diet. If you garden organically you can even reduce the amount of herbicides and pesticides your body consumes.

On the allotment site at Four Marks you will find experienced gardeners of all ages and many will be happy to offer you advice and guidance and show you a variety of methods for growing vegetables, fruits and flowers. The Committee is also a source of advice which means we publish a monthly newsletter offering tips and information appropriate for the time of year. The Committee also makes an effort to have a speaker at each Annual General Meeting to increase general knowledge of working a plot for the best results.

However, bear in mind that an allotment plot needs time and commitment to get the best out of the soil and achieve results. Everyone has a differing amount of time to work their plot and someone working full time may not have as much time to tend the plot as someone who is retired.

So, when considering taking on an allotment you must be able to give sufficient time to look after the plot as untended plots soon become overrun with weeds and will attract the attention of the Committee who conduct regular inspections. If you experience difficulties that prevent you giving adequate time to your allotment, speak to fellow plot holders, they may be able to assist you to keep your plot tidy until you are back on track. Please also advise the Committee of any long-term issues as this will be considered before any decision is taken to take back the plot.

We hope you find the guide and its contents useful. The Committee is always keen to take on board ideas and suggestions to improve it so please send these to the Secretary via the FMAA mail box: [email protected] FMAA Committee

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1. History of Four Marks Allotments The allotments project in Four Marks began in 2007, when the Parish Council acquired land adjacent to the Recreation Ground from Barratts as part of their Open Space contribution for the new Meadowbrook housing development. On 1st December 2007, a small group of Parish Councillors and future plot holders set about marking out 47 plots and the paths on the original site (Rows A to D). The traditional size for an allotment plot is 10 poles which is approximately 250sqm on the basis that this is a large enough area of ground to feed a family of four all year. It was decided that our plots would be 5 poles, roughly 125sqm. These were marked out on a grid of 9m x 14m separated by a network of 2m and 1m paths. An area was left in the middle of the original site (B16) for common usage and social gatherings During December 2007, the first plots were allocated and a turf cutter was hired from Vincent Hire to start taking up the turf on individual plots and to mark out beds. During the early part of 2008 there was a lot of activity on site as enthusiastic new plot holders began to define the layout of their plots. Space was left for the construction of

four raised beds for a disabled user (C1). A large communal shed was erected close to the main entrance for storing lawn mowers and other equipment. The inaugural AGM of plot holders took place on 1st March 2008 at the Benians Pavilion to discuss progress, form the Four Marks Allotment Association (FMAA) and to elect committee members. The role of the Committee is to manage and run the allotments on behalf of the Parish Council. In May 2008, a group of new plot holders set about putting in the water supply to the site; 200m of trench was dug and a connection was established to the mains water supply on the Barratts site. This work party set the tone for subsequent years as nearly all the infrastructure and site expansion was planned and managed by the Allotment Association with help from the Parish Council on some of the bigger jobs such as perimeter fencing, main gate and tarred entrance path. During 2009 the site was expanded (Row E) to include additional plots for the growing list of names on the waiting list and a second expansion (Row F) was added in later years which resulted in the present site with 80 plots. See Appendix 4 for a map of the plots.

2. Four Marks Allotment Association

The Four Marks Allotments Association (FMAA) is a membership of Four Marks

residents, renting and cultivating allotment plots on land, owned by Four Marks

Parish Council (FMPC), adjacent to the Recreation Ground.

FMAA has a website which can be found at: http://fourmarksallotments.org.uk/

FMAA is managed by a committee of elected plot holders on behalf of FMPC. The

Committee comprises of a Chairperson, Secretary, Treasurer, Membership

Secretary, Allotment Representatives and FMPC representative. The Committee

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meets every two months. FMAA holds its AGM in March each year where all

Committee members stand down but may seek re-election alongside other proposed

candidates.

FMAA has a Constitution (Appendix 1) and set of Rules (Appendix 2) governing its

operation. Changes to the Constitution can only be made with approval of

membership at the AGM (or Special General Meeting if appropriate).

The Committee organises regular working parties and relies on the help of members

to undertake general site maintenance activities throughout the year. It also

organises for bulk deliveries of Progrow1 during the autumn and manure, bark-chip

and other products from the Garthowen Garden Centre on Alton Lane in the Spring.

Plot holders are charged a one-off joining fee and an annual rent, payment for which

becomes due on 1st January.

The Committee arranges annual insurance to protect itself and plot holders in the

event of the following:

• Claims brought by third parties against FMAA or FMAA members for bodily injury and property damage

• Claims brought by voluntary helpers for bodily injury (e.g. Work Parties)

• Claims brought against FMAA Committee members following allegations of a wrongful act

There is no coverage for individual members in relation to personal property,

equipment and personal accidents.

3. Data Protection

The General Data Protection Regulation, which originates from the European Union and

which unifies the regulations on the holding, use and retention of personal data across

member states, came into effect on May 25th 2018. This replaces the Data Protection

Act 1988. In order for FMAA to manage the site and let plots, we have to hold

information on plot holders and must therefore comply with the requirements of the

GDPR. In order to comply with this legislation FMAA does the following with your

information:

• Collects the minimum information required to enable the Association to manage and let plots, i.e. name, address, email address, telephone number, grant of dispensation to use a hosepipe and a record of plot inspection non-compliance notices. Membership details are securely stored on a password protected electronic database, updated as required with old records being deleted if they are no longer relevant. Only certain members of the Committee (Chair, Secretary, Membership Secretary and Treasurer) have access to this database. You have a right to review the information FMAA keeps on you in digital form at any time. Please make this request to the FMAA Secretary;

1 This is an inert growing medium used to improve the soil.

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• Consent to hold the above information is requested on joining FMAA. The annual rent renewal process confirms that we collect and use personal information and rent renewal will be taken that you give your consent for FMAA to continue to use the information in this way. If you discontinue your tenancy this information will be destroyed.

4. Health & Safety on the Allotment

All activities carry an element of risk and allotment gardening is no exception. Each of us has to take responsibility for our own safety particularly if working alone on a plot. Everyone needs to take health and safety seriously, but should take a pragmatic and sensible approach to risk assessment and mitigation. Also, all plot holders have a responsibility (duty of care) to anyone on their plot, regardless of whether they have given permission for them to be there or not. You should act responsibly and comply with any health and safety instructions mentioned in the FMAA Rules or provided by the FMAA Committee. Below are some common hazards but you may have others specific to your plot. Please review these hazards and assess the potential risks and their likelihood of occurrence (high/medium/low). Take action to address any high risks immediately before removing or minimizing any medium and lower risk hazards. You should immediately report health and safety concerns about the site or your plot that are outside of your direct control to a Committee member. If you are not sure of your own responsibilities as a plot holder, please contact a Committee member. Activities carried out by Working Parties, organised and supervised by the FMAA Committee, will be subject to a risk assessment and risk management plan. This is discussed with volunteers at each event before any work is carried out. Participation is voluntary but your input to these two-hour sessions is always appreciated so do offer your services if you are able. General Hazards/Risks & Recommendations

• Working an allotment plot can involve some exertion or hard physical work. Please approach tasks with care and understand your own capabilities and physical limitations. Build up slowly, particularly if you are not used to it.

• Be aware of risks to yourself and others from sharp objects, broken glass, garden tools and other objects left lying around. Reduce the risks of tripping/slipping by keeping plots tidy and carrying out necessary repairs promptly.

• Wear protective gloves and appropriate footwear.

• There is a first aid kit stored in the communal shed but plot holders are advised to have first aid materials (e.g. plasters, antiseptic ointment/wipes, gauze/lint pads, bandages) available on their own plot in case of accidents.

• If you spend long periods on your plot, please ensure you have adequate sun protection and keep hydrated.

• Allotment gardeners often spend long periods of time alone on their plot, so it’s a good idea to let someone know where you are and what time you will return home. If you have a mobile phone take it with you. Always lock the gate

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behind you upon entering and leaving the site. Note that if you enter the unlocked site without a key there is a danger that you could get locked in.

Risk of Infection

• There is a risk of illness from bacteria (such as E. coli) which can be present in animal manure and self-made compost. Fresh manure should be heaped for 6 months giving time for E. coli to break down. It is advisable to always wear gloves when working on your plot, especially when handling potentially harmful substances. Always wash your hands after working on your plot and especially before eating. It is a good idea to keep a hand-sterilising gel handy.

• Tetanus is an illness caused by bacteria in soil and manure which can enter the body through the tiniest abrasion, scratch or cut. Ensure that tetanus vaccinations are up to date. Cover any cuts and grazes with a waterproof dressing

• Always wash your fruit and vegetables thoroughly before eating them

Chemical use You can do your bit for the environment by relying less on chemical pesticides, fertilisers and weed killers. There are organisations that can give you help and advice to help you cut down your chemical use. If you do use chemicals:

• Ensure that their use is confined to your own plot.

• Plot holders have a duty of care to store, use and dispose of chemicals properly. They should always be stored in their original marked containers, well out of reach of children and locked away.

• Contact East Hampshire Council about facilities for the safe disposal of surplus chemicals.

Machinery/Power Tools Most power tools need specific safety and handling training, e.g. strimmers and lawn mowers with metal blades including rotavators. Power strimmers and shredders, all have their dangers. Always follow the manufacturer’s instructions.

• FMAA has a small number of machines to assist plot holders to keep plots tidy and in good order. These include a push lawnmower, 2 petrol lawnmowers (4 stroke) and a strimmer (4 stroke). If you plan using power mowers or strimmers, remember that you are responsible for your own safety and that of other plot holders and visitors. However, be aware that using FMAA equipment is at your own risk. If you are not familiar with the use of powered machines, then please do ask the Committee for an orientation session which will demonstrate how to fill, start and use the machines that will be compliant with health & safety.

Bonfires The FMAA Rules strictly forbid the burning of any materials on your plot. The committee may organize a burn session but not on a regular basis.

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Children Parents and guardians must supervise children at all times while on site. Particular hazards for children include:

• Glass, tools, sharp objects and other debris

• Garden canes which could cause an eye injury

• Chemicals not securely stored

• Vegetation that can cause harm or irritation

• Bacteria in the soil/manure – ensure that children wash their hands after helping on your allotment

• Water storage containers Vandalism Most of the time allotments are havens of peace where plot holders put in many hours of work. Unfortunately, the Four Marks site has suffered from vandalism in the past. Plot holders should always keep the main gates locked and report instances of vandalism to the police (call 101 or report online https://www.hampshire.police.uk/) as well as informing the FMAA Committee of the incident, directly or via the website. Personal Protective Equipment (PPE) Wear protective gloves and sturdy footwear as appropriate. If your head or toes are at any risk wear a helmet/steel capped boot. Again, much of this is common sense but you need to appreciate the risks associated with any activity on your plot. 5. UNDERSTANDING THE ALLOTMENT RULES The Allotments Act, your Tenancy Agreement and the FMAA Constitution and Rules dictate how your allotment can be used. The agreement is a legal document and failure to comply with it could result in the termination of your tenancy. Under your Allotment Tenancy Agreement, you are expected to: 1. Maintain your plot in good condition This means you must:

a) Cultivate your plot, keeping it weed-free and well-manured. b) Clear all weeds to prevent them from setting seed and causing nuisance to

others. c) Maintain pathways between your plot and those surrounding it in good

condition and free from any obstructions. d) Use any compost that your plot generates or dispose of it off site. e) Maintain any sheds, greenhouses or other structures in good condition,

otherwise you may be asked to remove them. f) Leave the plot in good condition, free from rubbish and structures if you

decide to terminate your tenancy. 2. Use your allotment only for the approved purpose

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This means you must: a) Use your Allotment plot only for growing produce. You can only keep livestock

(hens, bees and rabbits) with permission from the FMAA Committee. b) Cultivate your plot for the benefit of you and your family and friends.

Allotments are not to be used for trade, business or retail. c) Cultivate the plot yourself. No part of the plot should be sub-let to any other

person. 3. Be a responsible allotment holder: This means you must:

a) Always ensure that the gate(s) to the allotment are locked after entering or leaving the site.

b) Keep your keys for your own use. Do not give site keys to other people or allow them to visit the site unsupervised.

c) Ensure your dog remains on your plot at all times if brought to the site. Dogs should be on a lead when on the paths and any communal area of the site.

d) Closely supervise any children you bring with you, ensuring they remain on your plot.

e) Avoid causing nuisance, damage or annoyance to other allotment tenants or the residents of surrounding property/land. Nuisance could include the use of bad or abusive language, getting drunk, playing loud music.

f) Ensure no noxious, dangerous or carcinogenic materials are present on the allotment plot. The use of materials containing asbestos is not permitted.

g) Be courteous to other plot holders. Do not use any threatening or abusive behaviour on the site, either physical or verbal.

h) Make sure your plot is kept in a tidy condition. You are not allowed to bring domestic refuse onto the site or allow any waste materials to accumulate on the plot.

i) Retain all topsoil and subsoil on your plot. You may not remove or sell any mineral, gravel, sand or clay from the allotment site.

j) Visit the site only in daylight hours. Do not visit before sunrise or after sunset and limit grass mowing/strimming activities to within the hours of 8am to 8pm;

k) Any deliveries of materials ordered to site must be delivered to the pavilion car park, following approval from the Committee/Parish Council.

a. All materials must be transported to the allotment site via means such as wheel barrows, small tractors with trailers or on foot. Cars are not permitted to cross the field.

4. Reduce, re-use and recycle This means you must:

a) Compost all soft vegetable waste on your plot, compost and recycle as much as possible. There are no communal compost bins so if cannot recycle then you must remove and dispose off site, e.g. municipal waste site.

b) Use water sparingly, harvest rainwater where possible. Consider collecting rainwater in water tanks or butts for use on the plot.

5. Obtain appropriate permission from FMAA Committee when required. You will need formal permission for:

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a) Erecting a shed or greenhouse on the plot. No buildings on site are to be used for sleeping accommodation and you must not install any hard surface or patio on your plot.

b) Keeping livestock which is limited to hens, bees and rabbits. 6. Ensure payments and records are up to date This means you must:

a) Be a Four Marks resident to hold an allotment – in other words live within the civil parish boundary of Four Marks.

b) Pay your rent promptly when you receive your bill. c) Inform the Membership Secretary if you change your address or other contact

details d) Tell the Membership Secretary when you decide to give up your plot. We

invariably have a waiting list for the site. What happens if I breach the rules? Regular inspections of all plots are conducted by FMAA committee. Your tenancy may be terminated if you do not comply with the allotment rules including non-payment of rent and failure to maintain and cultivate your plot.

6. Livestock Which livestock can be kept on allotments? The plot is used mainly for growing vegetables and fruit. Plot holders are allowed to keep hens (but not cockerels/male birds), rabbits and honey bees on their allotment. You should contact the FMAA Committee in the first instance if you wish to keep livestock. The Committee reserves the right to carry out spot checks, with or without notice, on livestock and their welfare conditions. Your livestock responsibilities If you do keep livestock on your plot bear in mind that animals should not be kept on allotments unless they can be provided with an appropriate environment and adequate care. At the very minimum, you will need to adhere to the following responsibilities, conditions and associated costs:

• Suitable insurance in case the animal strays and causes damage or injury

• Build suitable secure fences and structures to make sure the livestock cannot escape and have the correct living environment that also enhances the site

• Provide full contact details with 24-hour contact numbers in case of emergencies

You will also need to keep up-to-date with, and be prepared to abide by, regulations concerning animal welfare and any other emergency restrictions issued by the Department for the Environment, Food and Rural Affairs, e.g. slaughter orders during a disease epidemic. A free Factsheet, ‘The welfare of animals on allotments’, is available from the RSPCA:

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http://politicalanimal.org.uk/wp-content/uploads/2014/11/Welfare-of-animals-on-allotments.pdf Beekeeping Plot holders wishing to keep bees on their allotment should obtain the permission of the FMAA Committee. The Committee requires that you obtain a Certificate of Proficiency in Apiculture from the BBKA, i.e. accredited training, before you can keep bees. There will be a limit the number of hives you can have, and where they can be located on the site. You should be prepared for the associated costs of installing hives, equipment, protective clothing, insurance and training. You should also consider joining the local branch of the BBKA, namely Meon Valley Bee Keepers Association http://meonvalleybeekeepers.co.uk

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Appendix 1.

4 March 2017

Four Marks Allotments Association Constitution

1 TITLE

1.1 The group’s name is Four Marks Allotments Association, hereinafter called the “Association”.

2 AIMS/OBJECTIVES

2.1 The Association is set up to provide an attractive, friendly and safe environment for the local community (and their children), to grow and harvest fruit, vegetables and flowers, in harmony with wildlife. It will develop green spaces into rest areas and wildlife refuges and encourage this through the use of organic/sustainable practices and the recycling of green waste.

3 MEMBERSHIP

3.1 Application for an Association plot shall be made to the Membership Secretary who shall maintain a waiting list if demand for plots exceed availability.

3.2 All applicants are considered on a ‘first come, first served’ basis, irrespective of disability, gender or ethnic background, but subject to conditions detailed in 3.4 below.

3.3 A successful application will require the applicant to sign a Tenancy Agreement with Four Marks Parish Council. The applicant will undertake on an individual basis to fulfil all obligations imposed by the tenancy. This individual undertaking does not bar those helping to work that plot from becoming members of the Association.

3.4 Applicants signing a Tenancy Agreement (the “Tenant”) must satisfy the following criteria to be allocated a plot or to be placed onto the waiting list:

• Aged 18 or over

• Reside within the civil Parish boundary of Four Marks (and continue to do so for the duration of the tenancy)

• Not an existing plot holder or have another plotholder living at their registered address.

3.5 On signing the Tenancy Agreement and paying appropriate joining and rental fees, the Tenant automatically becomes a Member of the Association and subject to its Constitution and Rules

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3.6 The cultivation of a plot is often shared between family and friends. All persons residing at the same registered address as the Tenant may become a Member of the Association along with any other person(s), resident within the civil parish boundary of Four Marks, that the Tenant may nominate to share work on the plot. The Tenant shall provide the names of all such family members and friends to the Membership Secretary so that full Membership records can be maintained.

3.7 Allotment plots are made available as FULL or HALF PLOTS. Tenants wishing to upsize or downsize shall submit a request in writing to the Membership Secretary. If no plots of the desired size are available, the Tenant will be placed at the bottom of the current waiting list. Available plots will be allocated and the Tenant will be required to sign a new tenancy agreement. No additional joining fees will be charged but Tenants will be required to pay an additional rental fee when upsizing. No rebate of rental fees for the current calendar year will be paid for downsizing.

3.8 Tenants do not have the right to transfer their Tenancy Agreement to another individual but are required to submit an application to the Membership Secretary who will bring the application to the attention of the Committee for consideration. Each application be will be considered on a case by case basis but the Committee will not unreasonably withhold permission in cases where the individual to whom the transfer is proposed has been actively participating in the cultivation of the plot alongside the current Member, as long as the proposed individual meets the criteria set out in 3.4 above and signs a new Tenancy Agreement. Otherwise, applicants on the waiting list will be given preference if the current Tenants ends their Tenancy Agreement.

4 OFFICERS & COMMITTEE

4.1 The Association shall have a Chair, Secretary, Treasurer and Membership Secretary to be elected annually by the AGM. Elected Officers will retire at the following AGM and may stand for re-election.

4.2 The Committee consists of the four Elected Officers and the Members of the Association may elect up to five extra members (Allotment Representatives) onto the Committee who will stand down at the following AGM.

4.3 The Committee may co-opt additional members from the Association membership where vacancies arise during the year.

4.4 The Parish Council have a right to a non-voting representative on the Committee.

4.5 The Committee shall meet every two months. At least four Committee members must be present to form a quorum and the member appointed by the Parish Council will form part of that quorum. Action points and decisions will be distributed to all committee members following the meeting.

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4.6 The Committee may define rules for the running of the Association and maintenance of plots. Major rule changes will be proposed for consideration at the AGM. Rules will not conflict with this Constitution or the law.

5 ANNUAL GENERAL MEETING OF THE MEMBERSHIP

5.1 There shall be an AGM held in March of each year for which at least 21 days prior notice shall be provided to all members together with an agenda.

5.2 The Association Chair shall preside at the AGM. In the absence of the Association Chair, the Association Secretary shall preside.

5.3 A quorum shall be the attendance of Members representing at least 1/5 of occupied plots.

5.4 The business of the AGM shall include reports from: the Chair, Secretary, Treasurer, and Membership Secretary. The AGM shall also include:

▪ Election of Officers (Chair, Secretary, Treasurer and Membership Secretary) and Allotment Representatives. Nominations for Officers and Representatives may be submitted in writing or taken from the floor, subject to the nominee’s agreement

▪ Proposed changes to Constitution or Rules ▪ Any other business, which may be requested in writing by any Member of the

Association in advance of the meeting

5.5 Reporting Officers unable to attend shall submit a written report to the Chair in advance of the meeting.

5.6 Each Plot represented by a Member or Members shall only have one vote in connection with each motion put before the AGM. A resolution will require a simple majority. In the event of equal votes the Chair shall have the casting vote. All votes shall be taken by a show of hands unless the meeting resolves otherwise.

5.7 Special General Meetings may be called by the Committee or in the event of

at least 20% of plot holders submitting a written application to the Secretary and/or Chair for such a meeting. The business of such meetings may be: + Changing the Constitution + Emergency Special General Meetings to allow members to decide on important issues + Election of officers or committee members + Dissolution of the Association The notice given for Special General Meetings, definition of a quorum and voting rules remain the same as described above for AGMs, with the exception of a dissolution resolution which must be passed by Members representing at least 3/4 of occupied plots.

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6 FINANCES

6.1 The Committee sets the annual plot rental subscription and standard joining fee which shall be payable by members. Rental fees are differentiated according to plot size ie full and half plots.

6.2 Annual plot rental subscriptions shall fall due on 1st January for the calendar year. The Tenancy Agreement and Association Membership shall be deemed to have lapsed, should any Tenants’s subscription not be paid within forty days of that date, unless good reason be provided to the satisfaction of the Committee.

Plots taken up on or after 1st June will be charged at half the annual rent. Plots taken up on or after 1st September will not be charged an annual rent for the remainder of the year

6.3 The Association’s funds are held in the bank account of Four Marks Parish Council (FMPC) , whose accounts are subject to independent annual audit. The Association’s accounts shall run from 1st April – 31st March in line with those of FMPC

6.4 All monies shall be administered by the Treasurer who shall account to the Committee for all monies. Association funds and property shall only be used for the purposes of the Association

6.5 The Treasurer will forward all incoming monies to FMPC for banking

6.6 Funds cannot be used to pay Committee members except to refund legitimate expenses. All expense claims must be submitted to the Treasurer supported by original receipts. The Treasurer shall hold a permanent float of £100 and will reimburse Members directly. All expense claims and accompanying receipts will be forwarded to FMPC for retention and audit and to reimburse the Treasurer for monies reimbursed to Members

6.7 The Treasurer shall prepare financial forecasts based on assessment of Association income and expenditure.

6.8 The Treasurer shall keep the accounts which may be viewed by any Member on request.

6.9 The Committee will take out Public Liability insurance for the protection of Association Officers and Members.

7 TERMINATION OF MEMBERSHIP

7.1 The Committee is empowered to terminate membership and repossess the plot of any Member that is found to be in breach of the Tenancy Agreement or the Association Rules, or if the actions of that individual are, in the opinion of the Committee, detrimental to the interests of the Association.

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8 DISSOLUTION OF THE ASSOCIATION

8.1 The Association may be dissolved only at the AGM or at a special meeting convened for the purpose of dissolution.

8.2 In the event of the motion to dissolve being carried, any Association assets remaining after the satisfaction of any debts and liabilities shall remain the property of Four Marks Parish Council.

8.3 As land owner, Four Marks Parish Council retains the right to reclaim the allotments site for community use in the event that the use of the land becomes contrary to the agreement for the allocation of allotment plots for Four Marks residents.

Version 2.0 of this constitution was adopted at the AGM of the Four Marks Allotments Association on the 4th March, 2017

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Appendix 2.

Four Marks Allotments Association (FMAA)

Rules

1. AGREEMENT 1.1 All members are subject to the Rules and Constitution of the Four Marks

Allotment Association (FMAA).

1.2 The allotments are managed by the FMAA on behalf of Four Marks Parish Council.

2. FEES AND TENANCY 2.1 Rents run from January to December and are reviewed annually. Rents

are to be paid in advance by the 1st January each year. Plots taken up on or after 1st June will be charged half the annual amount for that year. Plots taken up on or after 1st September will not be charged an annual rent for the remainder of that year.

2.2 In addition to the rent, all new Tenants will be required to pay a one off, non-refundable joining fee, also reviewed annually.

2.3 A condition of tenancy is residence within the civil parish boundary of Four Marks. The Tenant shall inform the Membership Secretary of any change of address, which, if outside of the civil parish boundary of Four Marks, will result in the requirement to hand back their plot.

2.4 The Tenant shall also inform the Membership Secretary if they do not wish to renew their tenancy or wish to hand back their plot at any time during the year. No refunds will be given in respect to joining or rental fees.

2.5 No Tenant may sub-let a plot.

3. RESPONSIBILITIES OF MEMBERS 3.1 It is a requirement of your tenancy to cultivate your plot and to keep it

tidy by removing litter and rubbish, and controlling weeds and grass regularly so they do not seed and cause problems for other gardeners.

3.2 Areas not under cultivation may be covered with proprietary materials designed for the purpose such as sheeted black polythene or weed suppressant sheeting which must be properly secured. Rubber-backed carpet must not be used as the backing and carpet may rot down releasing harmful chemicals into the soil and causing pollution. In any case such measures are intended for short-term use or overwintering beds only.

3.3 All green waste should be composted where it is practical to do so and members are encouraged to use bins (or other) to compost as much of their green material as possible. Members are responsible for removing

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any other waste from their plots. Dumping anywhere on the site or in the surrounding areas is strictly prohibited and will be regarded as a serious breach of the rules and may result in termination of membership.

3.4 Each member is reminded that they have a duty of care towards other members, and any members of the public who may be on site.

3.5 Members should minimise the use of chemicals on their plots and ensure that they follow environmentally friendly practices. If you do use chemicals, you must prevent any drift onto other plots and follow the manufacturer’s instructions regarding their use and disposal. They should always be stored in their original marked containers, well out of reach of children and locked away.

3.6 Trees must be pruned annually at the time appropriate for their species and in a manner recommended by the Royal Horticultural Society or other authority. Pruning may not take place while any bird is nesting in the tree. The tree after pruning must not exceed 2.5 metres high. Trees must be planted sufficiently far from the boundary of the plot to allow for lateral growth and such growth must remain within the boundaries of the plot. Any lateral growth onto pathways or neighbouring plots must be cut back. Updated March 2021.

3.7 Members’ children are welcome on the site, if properly supervised at all times

3.8 Bonfires are not permitted, except in exceptional circumstances on the authority of the Committee.

3.9 It is the responsibility of each member to ensure that the gate is locked by themselves or another upon entry and exit.

3.10 Only members are authorised to enter the site. Members may invite guests onto the site (if accompanied by the member) and are responsible for ensuring that their guest(s) abide by the FMAA rules.

3.11 Use of the lawnmowers or other communal equipment provided is at your own risk. If unfamiliar with the use of such power tools, members are advised to refer to the instructions provided and/or request an orientation session.

3.12 Members are responsible for the safety and security of their own equipment stored on their plot or in the communal areas. The Committee will accept no responsibility for members’ lost or damaged equipment. Members must also ensure that tools, and equipment are used and stored carefully and securely to avoid injury to themselves and others.

3.13 Smoking is not permitted in the communal shed.

3.14 The Association has Public Liability Insurance cover, but personal accident and property insurance cover is the responsibility of the member. Only members are covered by public liability insurance.

3.15 Petrol for FMAA lawn mowers will be paid for from FMAA funds. This fuel may not be used for personal equipment.

3.16 The use of the allotment or any part for the purpose of trade or business is not permitted except that the sale of fruit or vegetable at local events

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for the benefit of the Association is allowed.

4. SHEDS, GREENHOUSES AND OTHER STRUCTURES 4.1 Wire mesh fencing, posts and rails are allowed around plots or individual

beds up to a maximum height of 1.0 m. If erected, these fences must be maintained by the member and not allowed to overhang onto paths or other plots. No barbed wire may be used on site.

4.2 Hedges are permitted so long as they are of neat appearance and well maintained. The Association will treat a line of bushes or shrubs as a hedge. All hedges (and individual bushes/shrubs) must be cut at least annually and must not exceed 1.25 metres high after cutting. Cutting may not take place during the bird nesting season. Hedges (and individual bushes/shrubs) must be planted sufficiently far from the boundary of the plot to allow lateral growth and such growth must remain within the boundaries of the plot. Any lateral growth onto pathways or neighbouring plots must be cut back. Updated March 2021.

4.3 The netting of crops and use of fruit cages is permitted up to a maximum height of 2.0m

4.4 One shed plus a greenhouse (preferably with plastic panes) OR poly tunnel are permitted on plots with prior written permission from the FMAA Committee. For plot holders permitted to keep chickens, a hen house (in lieu of a shed) may be requested. An application for permission to erect a structure must be completed in all cases. All sheds must comply with the following:

• No permanent structure base is permitted, e.g. concrete.

• Maximum shed size is 8’ x 6’ (2.5m x 1.8m) with maximum height of 7’ (2.1m)

• Maximum greenhouse or poly tunnel size is 2m x 3m (6’ 7” x 9’ 10”) with a maximum height of 2m (6’ 7”).

• Any hybrid shed/greenhouse structure must conform to the above dimensions for each element.

• Hen houses may be larger, up to 8’ x 10’ (2.5m x 3m) with a maximum height of 7’ (2.1m).

• Structures must be professionally manufactured.

• The colour of structures should be such as to minimise their visual impact.

• Structures must be maintained in good condition or the Committee will require their removal at the Tenants’ expense.

• At the end of the tenancy the Committee may allow the outgoing Tenant to leave it on the plot if it is in good condition and if the incoming Tenant agrees. Otherwise, the Committee will require their removal at the outgoing Tenants expense.

• Structures should not shade any part of an adjoining plot at any time of the day.

*** Rules for Structures updated in March 2019 and will be applied going forward from that date (no retrospective action to be taken).

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5. WATER 5.1 Standpipes are distributed around the site for members to water their

plots. These are for the equal and shared benefit of all members and the practice of stockpiling several watering cans at one time to the exclusion of other members is not permitted.

5.2 The cost of water is a significant proportion of the rent. Excessive mains water usage may result in annual rents being increased. As such, members are encouraged to minimise mains water usage by improving water retention within the soil and by collecting rainwater from shed roofs or similar. Hosepipes may NOT be connected to the mains water supply without the written permission of the Committee (eg in the case of a disability preventing the use of a watering can). This permission may be withdrawn at any time at the discretion of the Committee.

5.3 Water supplies will be turned off during the winter months (as a guide usually 1st October to 1st March).

6. ANIMALS AND LIVESTOCK 6.1 Permission from the Committee is required to keep Livestock.

6.2 Bees may be kept on site by suitably qualified persons with special permission (among the requirements for permission are a controlled flight path and adequate insurance).

6.3 Dogs are permitted onto allotment sites but owners must keep them on a lead: they must be kept on the owner’s plot and prevented from causing any nuisance to other members or danger to children. Owners must remove droppings from site.

7. PLOT INSPECTIONS 7.1 Committee members regularly inspect all plots during the growing

season to ensure that the majority of the plot is being cultivated and cropped. The plot will also be assessed for levels of weed growth and unmanaged grassy areas, any waste/rubbish and general compliance with other FMAA rules. There is no set style of gardening and a plot is deemed satisfactory so long as it is under control and being used for growing plants, whether vegetables, fruit or flowers. For any plot failing an inspection, the Tenant will be issued with an improvement notice and will be will be required to take appropriate steps to address the identified issue(s).

7.2 The criteria for assessing plots are as follows:

• Cultivation

• Weeds/Grass management

• Waste/Rubbish

• Other FMAA rule breaches

7.3 The administration procedure for a sub-standard plot is as follows:

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i. Letter 1 – an improvement notice, reminding the Tenant of the rules, and requiring the identified issue(s) to be addressed within 28 days. Also asks the Tenant to report any mitigating circumstances, so that an allowance can be made, if appropriate.

ii. Letter 2 – gives two weeks notice of repossession if improvement notice actions have not been addressed. Notice may be rescinded if the plot has been brought fully up to standard within that time.

iii. Improvement notices contained in Letter 1 will remain on record for a period of 3 months from date of issue and will be re-activated in the event of a re-occurrence of the issue(s) previously identified. In this case, tenants will be issued with a further letter giving two weeks’ notice of repossession. Notice may be rescinded if the plot has been brought fully up to standard within that time.

7.4 If a Tenant is unable to maintain the plot for whatever reason, the Secretary should be notified in writing. If the problem is of a short term nature, arrangements may be made by the Tenant for others to maintain the plot. Failing this the committee may be asked to provide assistance by asking other members. If arrangements cannot be made either by the Tenant or by the Committee for the work to be carried out or, if the problem is of a long-term nature, the plot may be taken back and re-let to someone on the waiting list. No refunds will be given in respect to joining or rental fees.

8. CORRESPONDENCE 8.1 Written correspondence to any member of the Committee should be sent

to: [email protected]

These updated rules were presented for adoption at the AGM of the Four Marks Allotments Association on the 9th March, 2019.

Signed………………………………………………………Position……………..

Signed………………………………………………………Position………………

Signed………………………………………………………Position………………

Date……………………………………

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Appendix 3.

Protection and legislation The areas of allotment law that are likely to be of most interest to plot holders are summarised here. Small Holdings and Allotments Act 1908 Consolidated all previous legislation and laid down basis for all subsequent legislation. Placed a duty on local authorities to provide sufficient allotments, according to demand. Made provision for local authorities to purchase compulsorily land to provide allotments. Established the framework for the modern allotments system. Land Settlement Facilities Act 1919 This Act was mainly to assist returning servicemen and opened up allotments to all, not just the ‘labouring population’. The Act made metropolitan borough councils allotment authorities for the first time. Allotments Act 1922 This Act was established to provide allotment tenants with some security of tenure. It also provided tenants with greater compensation at the termination of their tenancy and limited the size of an allotment to one-quarter of an acre, specifying that it should be used mostly for growing fruit and vegetables. Allotments Act 1925 Required local authorities to recognise the need for allotments in any town planning development. Established ‘statutory’ allotments, which a local authority cannot sell or convert to other purposes without Ministerial consent. This Act was intended to facilitate the acquisition and maintenance of allotments, and to make further provision for the security of tenure for tenants. Allotments Act 1950 This included:

• Amendment of the provisions relating to rents that may be charged for allotments

• Extension of period of notice to quit to 12 months for allotment gardens

• Compensation payable to plot holder at whatever season of the year a tenancy terminates

• Making plot holders who have allowed their plot to deteriorate through neglect liable to pay compensation on quitting

• Allowance of certain forms of livestock (hens and rabbits) to be kept, although this can be, in some cases, restricted by local by-laws.

Other legislation which may be relevant to plot holders includes:

• The Local Government Act 1972 – Amended the allotments legislation in a number of matters of detail, e.g. by removing the requirement upon local authorities to establish allotments committees (contained in Section 12 of the Allotments Act 1925).

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• The Human Rights Act (1998) - Gives legal effect in the UK to certain fundamental rights and freedoms contained in the European Convention on Human Rights (ECHR). There are 16 basic rights taken from the European Convention on Human Rights. These rights not only affect matters of life and death like freedom from torture and killing, but also affect your rights in everyday life: what you can say and do, your beliefs, your right to a fair trial and many other similar basic entitlements. At a local level the Act requires local authorities and their agents to ensure all policies, practices and procedures do not contravene the Act and that all decisions taken which affect people comply with the Act.

Other Acts which have impacted upon allotments include the Town and Country Planning Act 1990, the Local Government Planning and Land Act 1980 and the Acquisition of Land Act 1981.

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Appendix 4. FMAA Plots – Schematic (March 2021)

D15

D16

E6

E

E3

E2E1 E7

E11

E9

E5

E10

Matt Healey

F6

F5

F2F1

F8

F7

F12A

F10A

F

F11

F1

E8

F15

5A

5

E12

F12

F10

1A

1

E13

E13A

E13

E1

1

1A

rchard

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Appendix 5.

Further Information on Allotments and Gardening National Allotment Society The National Allotment Society (NSALG) is the leading national organisation upholding the interests and rights of the allotment community across the UK. http://www.nsalg.org.uk/ Federation of City Farms and Community Gardens (FCFCG) Tel. 0117 9231 800 [email protected] https://www.farmgarden.org.uk/ Garden Organic (formerly HDRA) Tel: 0247 630 3517 [email protected] www.gardenorganic.org.uk Royal Horticultural Society Tel. 020 7834 4333 [email protected] www.rhs.org.uk Useful Sites/Documents: There are many helpful documents and allotment orientated websites on the internet. Here are a few links to sites and documents that you might also find useful: Weed Control Crop Rotation Vegetable Planner Companion Planting The “No Dig” Approach to Growing Plants