1. Introduction 

2. Interpretation and Definitions 

3. Allocation of Tenancies and Other Allotment Users 

4. Tenancy Preliminaries 

5. Rent 

6. Use of Your Allotment 

7. Boundaries and Access

 

8. Structures 

9. Livestock 

10. Use of the Allotment Site 

11. Nuisance and Annoyance 

12. Enforcement and Disputes 

13. Ending the Tenancy 

14. Matters Arising at the End of Tenancies 

15. Giving Formal Notice 

1.1  The aim of the Park an Colan Allotment Association is to assist all members in the pursuit of gardening as a recreation and to promote health, education and community fellowship.

1.2  The rules aim to:

1.2.1  Promote the growing of fruit, vegetables and flowers.

1.2.2  Promote growing in an organic manner, in an environmentally friendly fashion without the excessive use of chemicals, pesticides and artificial fertilizers.

1.2.3  Help us to manage the site to promote a community spirit among members and the local neighbourhood. 

1.2.4  Protect, enhance and promote a healthy and wildlife friendly environment.

1.3  The association has power to make rules in order to regulate the arrangements for the letting of individual allotments on its         allotment site.

1.4  When those rules are brought into operation they apply to all such allotments, even if held under a tenancy agreement        before the rules came into operation.

1.5  We may need to amend these rules from time to time. If we plan to do so, we will consult allotment users before making changes.

1.6  If amended rules are brought in, a copy of these will be provided to via email those directly affected as soon as is reasonably practicable. We will also provide a copy of current rules, on request, to anybody resident in our area. Any non- association person or organisation requiring a hard copy of the Rules will be subject to a small charge to cover printing costs.

2.1  Where one part of the rules needs to be read in conjunction with another, we have tried to show this by cross-referencing the other part. But the rules need to be read as a whole in order to understand their full effect.

2.2  The headings and cross-referencing we have used are for convenience only and do not affect the interpretation of the rules.

2.3  The following words have the meanings set out here:

2.3.1  We/us means the Park an Colan Committee responsible for its allotment site.

       

2.3.2  You means the tenant of a particular allotment.

2.3.3  Allotment means the particular allotment garden plot let exclusively to a tenant.

2.3.4  Allotment site means all the land held by us for allotment use, including all the allotments exclusively let (or available for letting) to particular tenants, as well as the shared facilities, tracks, paths and other areas not exclusively let.

2.3.5  Family member means somebody who is related to you (by blood, marriage, civil partnership, adoption or other legal formality) or with whom you live as husband and wife or civil partner, provided they have lived with you as part of your household for at least one year before your death.

2.3.6  Structure means building, shed, shelter, animal run or hutch and pond. Greenhouses, polytunnels and fruit cages are exempt. 

2.3.7  Your address means the address you provide us with at the beginning of your tenancy or any change that you later notify us of.

3.1  All new tenancies shall be allocated by us in accordance with our waiting list procedure, which is set out in Appendix 1.

3.2  Family members have a limited priority to take on allotments if the tenant dies, as explained in the appendix. Otherwise, the out-going tenant’s particular circumstances or wishes have no influence over the allocation when the tenancy ends.

3.3  You may allow other people to come on to the allotment site and/or help you cultivate your allotment providing you accompany them at all times. But, subject to paragraph 3.4, you must not:

3.3.1 Assign your tenancy

3.3.2  Sub-let or otherwise part with possession of or pass on your allotment (or any part of it) to anybody else

       

3.3.3  In any way, charge others for permission to use your allotment (or any part of it).

3.4   You are responsible for the conduct and activities of anybody you allow on the allotment site in accordance with paragraph 

3.5  The Park an Colan Allotment Association pays for public liability insurance of the allotment site but recommends you have separate insurance for your own individual allotment.

3.6  Children are welcome on the allotments but must be carefully supervised by a responsible adult at all times. Children must not be allowed to trespass on any other plot, without permission from the plot holder, and must keep to the main footpaths when accessing an allotment site.

4.1  The tenancy of your allotment carries on indefinitely, rather than for a fixed time. In legal terms, it is a yearly tenancy and continues running year by year from 1 February to 31 January until it ends in accordance with Part 13.

4.2  It is not practicable for us to provide a plan identifying the precise boundaries of each allotment we let. Any dispute about boundaries may be referred to us and our decision is final (see paragraph 12.8).

4.3  You may use any remaining structure on your allotment but you will be responsible for maintaining it thereafter (see paragraph 8.2). You should therefore ensure you are prepared to assume that responsibility before you accept the tenancy offer, or ask us to reconsider our decision not to remove the remaining structure.

5.1  When your tenancy is due to begin, we will notify you of the rent for the remainder of the current year (until 31 January) and you must pay it immediately.

5.2  Thereafter you must pay your rent on or before 1 February each year.

5.3  We will either write/email/telephone/text to you at least three weeks beforehand with notification of the rent due for the coming year and details of how it can be paid.

6.1  You must use your allotment wholly or mainly for the production of fruit, vegetables, herbs and flowers for you and your family or household. 

6.2  The sale of surplus produce in small quantities is permitted. The sale of surplus produce may also be allowed, at some stage, to raise funds for the allotment within rules of its charity status, and within the law and planning regulations, to help make improvements and fund allotment initiatives.

6.3  Any plants which produce illegal substances are strictly prohibited and will lead to immediate expulsion from the PACAA and the PACAA site.

6.4  You must cultivate your allotment in such a manner as to preserve its fertility.

6.5  You must not use your allotment for trade or business, camping or staying there overnight.

6.6  You must cultivate your allotment and maintain it in reasonable condition, with weeds kept under control and respecting the rights and safety of all allotment users. PACAA defines cultivation as a plot dug over ready for planting even if covered by weed suppressant membrane. Strimming does not constitute cultivation. You must comply, in particular, with the requirements of Parts 7 to 12 and the conditions and guidance set out in Appendix 2.

7.1  You must maintain all hedges and other boundaries so as not to be a nuisance to other users of the allotment site or owners or occupiers of neighbouring premises. You are responsible for the area in front ,behind and to the right of your allotment.

7.2 Use barbed wire at all and/or fencing of more than two metres high.

7.3 Obstruct paths and other means of access that are reasonably required by other tenants to get to and from their allotments.

7.4 Enclose your allotment to such an extent that it is inaccessible for inspection by us. Paragraph 12.1 deals with our right of access.

7.5 Go on to other allotments except with the permission of the tenant (see paragraph 10.3).

7.6 Paragraphs 4.2 and 12.8 deal with resolution of boundary disputes.

7.7 You must allow access through your allotment to other tenants where that is their only reasonable means of access to get to their allotment.

8.1  You may install any structure (see definition in paragraph 2.3) on your allotment providing it conforms to paragraph 2.3 and Appendix 3 and it is maintained in a reasonable condition.

8.2  You must also maintain any structure that was not installed by you but remained on your allotment when your tenancy began. 

8.3  Appendix 3 deals with the factors to be taken into account as regards permissions, conditions and guidance for installations.

8.4  If you fail to comply with paragraphs 8.1 and 8.2 we may:

       8.4.1  Ask you to remove it.

       

       8.4.2  Remove and dispose of it ourselves if you fail to do so.

       

       and

       

       8.4.3  Recharge you for these costs, through the Small Claims Court.

8.5  As well, or instead of, proceeding in accordance with paragraph 8.4, we may enforce these rules in any other way, including, if we consider it necessary, by ending your tenancy (see Parts 12 and 13).

8.6  The above requirements for installations of structures also apply to alterations of structures if what is proposed would make the structure substantially different (as opposed to works of maintenance and repair).

9.1  Due to local concerns about vermin, smell, noise and animal welfare, (avian flu etc ), livestock will not be permitted at present. 

10.1  You only have rights in respect of your allotment and the shared facilities of the allotment site.

10.2  You must:

 10.2.1  Respect the safety of other users of the allotment site.

10.2.2  Gain access to the allotment site by the authorised means only and not to make any other means of access to or exit from the allotment site without the permission of the Park an Colan Commitee.

10.2.3  Have regard for the security of the allotment site, including locking the entrance gates where appropriate.

10.2.4  Drive at a speed that is appropriate to the site conditions. We recommend a speed of 5mph.

10.2.5  Assist with and be jointly responsible for, with all the tenants on the site, the general maintenance of hedges, ditches, main pathways and other communal areas and features of the allotment site including empty allotments should it be required.

10.2.6  Observe or perform any other conditions which the Park an Colan Commitee may from time to time approve or consider necessary for preserving the allotment site from deterioration and of which notice to the tenant is given in accordance with this agreement.

10.2.7  Observe and comply fully, and at all times during the tenancy, with all Acts, statutory instruments, local, parochial or other bye laws, orders or regulations affecting the allotment. Your attention is drawn to the following: 

  • The Wildlife and Countryside Act 1981.

  • The Environmental Protection Act 1990.

  • The Antisocial Behaviour Act 2003.

  • The Clean Neighbourhoods and Environment Act 2005.

10.3  You must not:

10.3.1   Go on to other allotments except with permission of the tenant.

10.3.2  Dump anything (including green waste) on vacant allotments or other parts of the allotment site.

10.3.3  In any other way make use of or cultivate vacant allotments or other parts of the allotment site.

10.3.4  Carry out any work or alterations to any part of any water, electrical or gas installations on the allotment site without the permission of the Park an Colan Commitee

10.3.5  Have firearms (including air guns) or explosives on the allotment site.

10.3.6  Erect or display any advertisement of any kind on or near the allotment garden or anywhere else on the allotment site, without the written permission from the Park an Colan Committee. A specific area for notices and information sharing will be designated in due course as the allotment site develops. 

10.4  You may only:

10.4.1  Use the shared facilities for the purposes for which they are intended. For example, you must not use the water supplies for car washing. Appendix 2 deals with restrictions on watering your allotment.

10.4.2  Have dogs on the allotment site if you keep them on leads and clear up any dog fouling.

10.5  You must take into account the guidance about wildlife set out in Appendix 5.

11.1  You must not do anything on your allotment or behave on the allotment site in a way that is (or is likely to be) a nuisance or annoyance to other people. It is not possible to list everything that is a nuisance or annoyance. Below are some examples of the most common kinds.

          11.1.1  Rowdy behaviour, including excessive noise, shouting or swearing.

          11.1.2  Failing to maintain boundaries in accordance with Part 7.

11.1.3  Failing to comply with the rules as to use of the allotment site in accordance with Part 10.

11.2  You must not harass, intimidate or abuse anybody else on the allotment site.

11.3  Harassment includes offensive behaviour directed at people because of their age, gender, disability, racial group, sexual orientation, religion or belief; and indirect threats towards or making malicious allegations against people.

11.4  Remember that you are responsible for other people you allow on to the allotment site (see paragraph 3.4 and 3.5).

12.1  We may come on to your allotment at any time to inspect it. Paragraph 7.2 requires you to make your allotment accessible.

12.2  Unless it is urgent that we take immediate enforcement action against you, and subject to paragraph 12.4, we will contact you if we believe there is cause for complaint. That way we hope to resolve matters before they become a major problem.

12.3  During the first three months of your tenancy, we appreciate that it may take some time to bring your allotment under proper cultivation. If you are temporarily unable to cultivate it, you should tell us in order to avoid premature enforcement action.

12.4  In fairness to those on the waiting list, if it appears that you are not cultivating your allotment or you don’t pay your rent on time, and you have not contacted us to give a reasonable explanation, we will take immediate steps to end your tenancy. Paragraph 13.3 explains how we may do this.

12.5  We will not tolerate persistent or serious breaches of any of these rules and will take action accordingly, by ending your tenancy, if we consider it necessary.

12.6  We may recharge you for any costs we incur in taking action to deal with any breach of these rules.

12.7  Disputes between tenants about the implementation of these rules and related matters may be referred to us by any interested party for resolution. Our decision is final.

13.1  If you want to end your tenancy, you may do so, with immediate effect, by giving us written notice accordingly (but we can manage the allotment site and the waiting list more efficiently if you give us advance notice).

13.2  If you die during your tenancy, the tenancy ends immediately upon us our being notified of or ascertaining the death. Part 3 and Appendix 1, which supplements it, deal with the limited priority of your family members for a tenancy in these circumstances.

13.3  We may end your tenancy by re-entry at any time after giving you one month's written notice if:

13.3.1  The rent (or any of it) is unpaid 14 days after it is due (in other words, after 1 February in any year)

13.3.2  We are reasonably satisfied there has been any other breach of these rules (provided that, if the breach relates to cultivation of your allotment, at least three months has elapsed since the beginning of your tenancy)

13.3.3  You are not currently resident in Quintrell Downs/ Newquay (as explained in Appendix 1, you must be resident in the area when you take up an allotment tenancy).

13.4  We may end your tenancy by re-entry at any time after giving you 28 days written notice.

14.1  At the end of your tenancy, you must hand your allotment back to us in reasonable condition in compliance with these rules. 

14.2  You may/must remove any structures that you have installed. Any that remain once the tenancy has ended will/may be passed on to the next tenant (see paragraphs 4.3 and 4.4) at our/their discretion.

14.3  Anything else that remains once the tenancy has ended may be removed by us.

14.4  We may recharge you our costs of putting right anything arising from your failure to comply with paragraph 14.1.

15.1  When we need to give formal notice to you about your tenancy we must do so in writing and by any one of the following three methods:

       15.1.1  Handing it to you in person.

       

       15.1.2  Posting or delivering it to your address.

       

       15.1.3  By email.

       

       15.1.4  Leaving it on your allotment in a sealed transparent envelope so it is clearly visible.

15.2  Remember that your address is the one that you last notified us of in the context of your allotment (see paragraph 2.3). It is your responsibility to notify us of any change of address during your tenancy.

15.3  When you need to give formal notice to us about your tenancy you must do so in writing and by any one of the following three methods:

       15.3.1  Emailing it to the Park an Colan Allotment Treasurer.

       

       15.3.2  Posting or delivering it by hand to the Park an Colan Allotment Treasurer.

       

       15.3.3  Handing it to a Park an Colan Allotment Committee member in person.

Numbers in bold refer to the main rules (not the paragraph numbers of the appendix)

1.  This appendix is supplementary to Part 3 of the rules and should therefore be read in conjunction with that part.

(1) Registering on the Waiting List

2.  In order to register on the waiting list contact any member of the Park an Colan allotment committee.

3.  Applicants may register for a tenancy of one allotment plot per household. 

(2)  Priority for Offers – Explanations and Preliminaries

4.  For the purposes of making offers (as explained in the next section of this appendix), the following provisions apply.

5.  The tenant conditions are that prospective tenants are:

• Individuals. 

• Nominated couples.

• Nominated group.

• They are over 18 years of age.

       

• Residents of Quintrell Downs / Colan Parish/ Newquay.

• Not people we have information about that would give us reason to believe they would be unsuitable tenants (in other words, evidence that they may not comply with these rules if offered a tenancy).

6.  If there is more than one family member the tenancy may be offered to (following the death of the last tenant), we will consult with them but our decision as to who we offer the tenancy is final.

7. Each plot is 66ft x 30ft

(3) Priority for Offers

8.  Subject to the explanations and preliminaries (as explained in the last section of this appendix) and local discretion and flexibility (as explained in the next section), tenancies will be offered in the following order of priority:

• If the last tenancy of an available allotment ended because the last tenant died (in accordance with paragraph 13.2), it will be offered to a family member (as defined in paragraph 2.3) provided that:

• The allotment is in reasonable condition and the last tenant has complied with these rules and the family member:

• Asks us to do so before we have offered the tenancy to a person on the waiting list who would otherwise be entitled.

• Meets the tenant conditions.

       

• Does not already have an allotment tenancy.

• If the last tenancy of an available allotment did not end because of death or no qualifying family member accepts an offer, it will be offered to the person who has been on the waiting list for the site the longest provided they:

       • Meet the tenant conditions.

       • Do not already have an allotment tenancy.

(4) Local Discretion and Flexibility

9.  We retain discretion to operate allocations with a degree of flexibility in order to meet local circumstances. We will do this to help make sure that those without an allotment tenancy and on the waiting list have a fair opportunity of being offered one.

10.  We will consider requests by existing tenants to exchange allotments with each other.

11.  But, we will not permit arrangements if they disadvantage those on the waiting list who do not already have an allotment tenancy.

12.  When an allotment becomes available, we may offer more than one tenancy (in other words we may offer two or more tenancies of what will then be smaller allotments). We will take into account the length of the waiting list.

(5) Removal from the Waiting List

13.  Applicants will be removed from the waiting list when either they have accepted an offer or they have refused three offers. But in either case (immediately or at any time thereafter) applicants may re-register on the waiting list (as new applicants with no accrued priority).

Numbers in bold refer to the main rules (not the paragraph numbers of the appendix)

1.  This appendix is supplementary to Part 6 of the rules and should therefore be read in conjunction with that part.

(1) Storage and Materials

2.  You may only keep items on your allotment that are for use on it, for example, you must not store vehicles there.

3.  You must comply with Control of Substances Hazardous to Health regulations relating to the use of chemicals and harmful substances. The PACAA requires that:

•  You should select sprays and dressings (biodegradable products wherever possible are the PACAA choice) that will minimise harm to people and wildlife.

          • You store chemicals in their original and labelled containers.

       

          • You use chemicals and dressings in accordance with the manufacturer’s instructions.

4.  You must not:

•  Allow excessive plant and other organic waste to accumulate on your allotment – arranging to compost waste of that kind wherever possible.

          •  Bring asbestos based products on to your allotment.

          •  Use concrete on your allotment (except for pre-cast products laid on a loose bed).

          •  Remove from your allotment any soil, gravel, sand, stones or other minerals.

5. You should only:

•  Store timber, scrap or similar materials that are intended for use for allotment purposes sparingly. And you must remove them if they have not been put to use in compliance with these rules within six months.

•  Use carpet, underlay or similar material sparingly and you must remove it before it disintegrates or becomes overgrown with vegetation.

•  Store the minimum quantities of flammable liquid for use with your allotment power tools e.g. rotorvator, petrol strimmer, petrol mower.

6.  Remember that you are liable for our costs of putting right anything arising at the end of your tenancy (see Part 14). Dealing with residual concrete, timber, scrap and old carpet etc is one of the most time-consuming and expensive tasks when allotments become vacant.

(2) Bonfires

7.  Bonfires should only be limited to organic waste that is not suitable for composting, and using only material that is sufficiently dry and seasoned so the fire is quick and hot. Large quantities of timber should not be burnt. BBQ,s are permitted.

8.  You may only burn material generated from your allotment – you must not bring material from elsewhere to burn.

9.  You must ensure that the location of the fire and the weather conditions are safe.

10.  You must not:

       • Use petrol, paraffin or other accelerants.

       • Leave a bonfire unattended – you must remain present until the fire is fully extinguished.

       • Burn non-organic waste (for example plastics and carpet).

11.  Before lighting a bonfire, ensure that no hedgehogs or other animals are present in the pile of material to be burnt, if necessary by moving it to another location within your allotment.

12.  Remember that you may only have bonfires on your allotment, not elsewhere on the allotment site (see paragraph 10.1).

(3) Watering

13.  You are encouraged to use rain harvesting systems to supplement the main water supply.

14.  You are encouraged to use a sprinkler system using harvested rain water.

15.  Remember that you must not use the water supply except for your allotment (see paragraph 10.4).

15a HOSES ARE NOT PERMITTED TO BE USED FOR WATERING YOUR ALLOTMENT. Use watering cans etc and utilise catchment from sheds.

(4) Trees and Hedgerows

16.  You must get our written permission before cutting down any trees and /or hedgerows.

17.  You may only plant orchard trees (in other words edible fruit and nut trees).

18.  Trees must be planted at least two metres away from the boundary of neighbouring allotments and so that the mature canopy does not overhang neighbouring allotments.

19.  Remember that you must keep weeds under control (see paragraph 6.3). You must therefore ensure that woody weeds (for example, self-sown sycamores and ragwort) do not develop. Ragwort is to be pulled up and burned whenever found either on your allotment or on the allotment site.

(5) Traps and Snares

20.  You may only set traps to catch or kill vermin. You must ensure that they are regularly checked and do not to endanger other wildlife, people or pets.

(6)  Allotment Numbering

21.  You should display the plot number on your allotment. One of the main difficulties in ensuring that vacant allotments are reallocated efficiently is that prospective tenants cannot easily identify the allotments in question.

(7)  Public Liability

22.  Bear in mind your responsibility as tenant for the safety of your allotment. Some insurance companies offer public liability cover through home policies and you should make your own enquiries as necessary.

Numbers in bold refer to the main rules (not the paragraph numbers of the appendix)

1.  This appendix is supplementary to Part 8 of the rules and should therefore be read in conjunction with that part.

2.  The meaning of a structure for these purposes is defined in paragraph 2.3.

3.  You must check if any specific permission is required such as planning permission.

4.  No more than 15 per cent of your allotment may be used for structures.

5.  Structures must be placed at an appropriate edge of the allotment and in such a way as neither to interfere with boundaries or access (see Part 7) nor to cause a nuisance or annoyance to other users of the allotment site or owners or occupiers of neighbouring premises (see Part 11).

6.  Buildings should be sectional and constructed of either new or perfectly sound second-hand material. Brick buildings are not permitted.

7.  Bases should be constructed of sleepers, precast paving stones or loose bedded brickwork.

8.  Water capture equipment should be attached to all structures where possible.

9.  Part 6 and Appendix 2, which supplements it, deal with use of your allotment and should be borne in mind. Remember, in particular, that asbestos may not be used anywhere on your allotment. Concrete may only be used for pathways and securing fence posts.

10.  Part 14 deals with matters arising at the end of tenancies and has particular relevance to removal of structures and potential recharges.

11.  Permissions will contain the full conditions and guidance to which they are subject.

1.  Allotment sites might contain wildlife that is protected by law. In most cases, the presence of protected species will not affect your normal allotment activities. For more detailed information on protected wildlife, please contact the government’s wildlife agency.

2.  All wild birds and their eggs and nests are legally protected, and it is an offence to kill them or deliberately destroy or disturb their eggs or nests.

3.  All native British reptiles are legally protected against deliberate killing or collection. Slow-worms and grass snakes are the species most likely to occur on allotments. Both species are harmless to humans, and slow-worms in particular are beneficial as they eat slugs and other garden pests. Reptiles like to hide away, and if found they should be left alone.

4.  All native British amphibians have some legal protection. In the case of the three species most likely to be found on allotment sites (common frog, common toad and smooth newt), this only applies to preventing them being offered for sale. The much rarer great crested newt has a higher level of protection, and it is an offence to intentionally kill, disturb, or destroy the habitat of this species.

5.  The hedgehog, another beneficial animal that eats garden pests, is often found on allotments and it is an offence to deliberately kill or injure one.

6.  If you discover a bee swarm or wild colony on the allotment site you should tell us as soon as possible.