4. Should a Tenant move to a house outside Marlow Town or Great Marlow Parish boundary, the Town Council must be advised immediately and will reserve the right to terminate the Tenancy forthwith or on the 31st day of October of the year of removal. Existing Allotment Tenants who move outside the Town Council boundary may retain their tenancy at the discretion of Marlow Town Council.
5. A key to the allotment gates will be supplied at the commencement of Tenancy at a charge of £6.00. A replacement key may be supplied on similar terms. The Town Council reserve the right to change the locks and keys as required and to vary the amount of deposit in relation to the increased costs.
6. The Tenant shall be responsible for the conduct of any person entering the allotments with the Tenant's consent.
7. Dogs or any other animals accompanying their owners to the allotment gardens must be kept on leads and under their owners' control at all times.
8. The Town Council or their Agent(s) may at any time enter and inspect any allotment garden, and will be responsible for determining if there is any breach of these regulations.
9 Tenants shall not underlet, assign or part with the possession of the allotment garden.
10. Conditions as to cultivation: (General Conditions). All Tenants shall:
a. Keep the entire allotment garden clean and tidy at all times of the year and in a good state of cultivation and fertility. This must include the regular control of weeds.
b. Regularly cultivate the allotment, including planting and harvesting of crops at appropriate times throughout the year.
c. Not cause any nuisance or annoyance to the occupier of any other allotment garden, or obstruct any path set out by the Council for the use of the occupiers.
d. Not, without the written consent of the Council, cut or prune any trees, other than fruit trees, or take, sell or carry away any mineral, gravel, sand or clay.
e. Keep every hedge, grass verge and footpath that forms part of their allotment garden properly cut and trimmed and properly use any fences and gates in the allotment garden area.
f. (i) Not, without the written consent of the Council, and planning consent if required, erect any building on the allotment garden (including for the purpose of keeping hens or rabbits - see Condition 11b), other than one shed and one greenhouse, each of which must be of sound construction and of presentable appearance, and neither larger than 12ft by 8ft. Please note that a poly tunnel will be classed as a greenhouse in relation to its size and that tenants may have a greenhouse or poly tunnel, but not both.
(ii) Not use any shed or greenhouse, erected with the approval of the Town Council, for any activities or storage not connected with the cultivation of the allotment.
g. Not use barbed wire for a fence adjoining any path set out by the Council for the use of the occupiers of the allotment gardens.
h. Observe and perform any other special conditions which the Council may consider necessary in order to preserve the allotment garden from deterioration, and of which notice to applicants for allotment garden tenancies is given.
11. Special Conditions
a. All Tenants must carefully note that an allotment must be wholly or mainly cultivated for the production of vegetable or fruit trees for consumption by the Tenant or his family, and must not be used for trade or business purposes.
b. Provided the allotment is occupied mainly for cultivation, it may in a small part be used for the keeping of hens (but not cockerels) or rabbits provided they are not kept by way of trade or business and also provided they are not kept in such a place or in such a manner as to be prejudicial to health or to be a nuisance. Plans and details of construction of any building must be submitted and approved by the Council before any animal is brought to the site.
c. The keeping of bees, or small animals will require the written consent of the Council. Plans and details etc. must accompany any request to the Council for such consent.
d. Maintenance of boundary paths. All Tenants must properly and jointly with their neighbours mow the grass of paths adjoining their plots. Paths must be kept free of debris at all times, and are to be maintained at or restored to 1 yard in width.
e. Lighting of bonfires must be confined to the holder's plot only, and to the type of materials which will burn readily in one day. Bonfires must always be under the control of the tenant, who must not leave the site whilst the fire is still live. At Foxes Piece, bonfires are permitted only from 15th September until 15th May. Tenants must not cause a nuisance through smells or drifting smoke to other tenants, to adjacent householders or to pupils and staff at the nearby school. Individuals who cause a nuisance by lighting bonfires are not only in breach of these Tenancy Conditions, but are also contravening external legislation which is enforceable by Wycombe District Council.
f. Rubbish on an allotment may not be allowed to collect in such a manner as to cause a nuisance. Vegetable rubbish must be composted in properly constructed compost heaps. Tenants should be aware that there are no facilities for dealing with non-organic waste on the allotment site. Plastic containers and packaging brought onto the site should be taken away and disposed of through the doorstep domestic collection. Glass and discarded metal should be dealt with similarly, or in the case of bottles, taken to the recycling banks. New tenants discovering large quantities of this type of waste on their allotments should contact the Town Council or the Allotments Association for advice.
g. Gates must be locked after entering, and on leaving the allotments.
h. No vehicle, may be driven at more than 5mph on roads within the allotments.
i. Allotment holders are permitted to use legally approved horticultural chemicals (herbicides, pesticides, fungicides) provided that they comply with the following regulations:-
(i) The greatest care must be taken not to contaminate other allotments even if the user considers the potential effect not harmful.
(ii) Use of chemicals must always be in accordance with manufacturer's instructions. (ALWAYS READ THE LABEL.)
(iii) Horticultural chemicals must not be transferred to other containers.
(iv) Horticultural chemicals must not be left unattended.
j. No hose pipes or sprinkler systems may be left on overnight. No permanent connections are to be attached to any taps. When using a standpipe, due consideration must be given to other allotment holders. The Town Council has the right to restrict water supplies during drought periods or as it deems necessary.
k. The use of any firearms (including shotguns, airguns, and catapults) is
not permitted on any allotment site. Any allotment holder found using a firearm would
have his or her allotment tenancy immediately revoked.
12. That subject to the allotment holder maintaining his allotment to a satisfactory standard, the Town Council will be required to give 1 year's notice from 1st November each year if they require the Tenancy of an existing allotment to be terminated, under the conditions detailed in the Allotment Acts.
13. Termination of Tenancy
Any persistent breach of these conditions may result in termination of Tenancy by the Council.
The tenancy of an allotment plot shall, unless otherwise agreed in writing, terminate on the rent day next after the death of the tenant, and shall also terminate whenever the tenancy or right of occupation of the Council terminates.
It may also be terminated by the Council by re-entry after one month's notice:-
(i) if the rent is in arrears for not less than 40 days, or
(ii) If the tenant is not duly observing the Rules affecting the allotment garden, or any other term or condition of his tenancy.
(iii) The tenancy may also be terminated by the Council or tenant by six months' notice in writing expiring on either the thirty-first day of May or Twenty-ninth day of November, to accord with growing seasons.
All communications and enquiries regarding allotments should be addressed to the Town Clerk, Marlow Town Council, Council Offices, Court Garden, Marlow, Bucks, SL7 2AG.
These Tenancy Conditions were approved by the Marlow Town Council Finance Services and Administration Committee at the meeting held on 17th January 2006.
H B Bellairs
Town Clerk |
