Cemetery

Allotment regulations

Subject to the Allotment Acts 1908 - 1950

1. The Council agrees to let and the Tenant agrees to take on, an annual tenancy of the allotment garden numbered at the yearly rent applicable, subject to the terms and conditions set out in this agreement.

2. The Tenant hereby agrees to:

2.1 Pay the rent due on or by the first day of January every year during the continuance of this tenancy, without deduction.

2.2 Use the garden as an allotment garden only and to not allow it to be used for any other purpose without the prior consent, in writing, of the Council.

Applications to use the garden for any other purpose than the growing of crop, vegetables and the like must be made in writing.

2.3 Keep the garden clean free from weeds, well manured and to otherwise maintained in a good state of cultivation and condition.

To keep any pathway or service track reasonably free from weeds, overgrowth, hedges and the like. To not allow or encourage any commercial vehicle to make deliveries to any tenanted garden, any appropriate garden supplies to be offloaded at the nearest highway point. All deliveries made directly to a garden site of manure must be by small tractor type vehicles consistant with the safe and proper use of suitable access track(s).

All service paths and tracks are solely for the use of tenants in maintaining the gardens they serve.

2.4 Not to cause nuisance or annoyance to occupiers of other gardens, obstruct or encroach on any path or service track provided for the use of occupiers of the gardens within site.

2.5 Not to sublet, assign or allow part possession of the garden without the prior consent, in writing, of the Council to make a headstone safe.

2.6 Not, without the prior consent in writing of the Council, to cut or prune any trees, sell or carry away any soil, gravel, sand, or clay.

2.7 Not, without the prior consent in writing of the Council, to erect any building(s) or structures AND in regard to consents given to comply with plans, or specifications and materials stated.

2.8 Not to erect any barbed wire fencing or other dangerous fence. Not to obstruct in any way any other tenant's enjoyment of their garden.

2.9 Not, without the previous consent in writing of the Council, to plant any trees, shrubs or fruit bushes or any crops which require more than twelve months to mature.

2.10 Not deposit or allow other persons to deposit on the garden any refuse or other matter (except manure and compost in such quantities as may reasonably be required for use in cultivation) or place any matter in any hedges, ditches or dykes on the allotment site or adjoining land.

2.11 Ensure that any dog(s) brought onto garden is securely held on a leash and does not cause nuisance to others.

Dogs are not to be kept for longer than 8 hours and only at times when the garden is occupied by the tenant.

2.11.1 Not store dangerous liquids and/or materials (as defined by the COSHH 1991 regulations) or food which could attract mice or rats to the garden.

2.12 Not keep any animals or livestock upon the garden without the prior consent in writing of the Council. Such livestock to be kept under control and not to cause a nuisance to any neighbouring property or garden user.

2.13 Not erect any notice or advertisement on the allotment garden.

2.14 Notify the Council of any change of home address.

2.15 Not carry out any commercial business on any garden site.

2.16 Give up the garden at the end of any tenancy in good condition in compliance with the spirit and intentions of this agreement.

2.17 Allow any officer or other representative of the Council to enter onto the garden to inspect the condition of the garden and of any building(s) erected or being erected. To as a consequence safely remove from the garden at no cost to the Council, any dangerous structure, materials or matter.

2.18 Observe any other special conditions which the Council considers necessary to preserve the garden from deterioration in compliance with notice given to the Tenant.

2.19 Not use hosepipe(s).

2.20 Not light fires except in strict observation of legislation/regulations and not to cause nuisance to neighbours, the highway or other garden tenants.

Fires must be avoided in favour of composting and recycling wherever possible.

2.21 Not block any garden gate or cause obstruction to any other tenant the in tending of their gardens.

2.22 Not carry on any activity which does not conform with health & safety legislation, and at all times to carry out activities in a safe and proper manner.

3. The Council hereby states that Tenants observing these conditions and obligations contained in this Agreement, may use and enjoy the garden without any interruption by the Council.

4. Tenancy shall automatically cease on the death of the tenant without refund or compensation and may also be ceased in any of the following ways:

4.1 By the Tenant giving one month's paid notice to the Council.

4.2 By the Council, at any time after giving twelve months' notice in writing to the Tenant of the garden being required. Such notice to expire not not later than March 25th (Lady Day) or not earlier than 29th September (Michaelmas) in any year. By virtue ofSection 1(1) (e) Allotment Act 1992.

4.2.1 for any purpose (not being the use of the same for agriculture) for which it has been appropriated under a statutory provision or

4.2.2 for any form of building, mining or any other industrial purpose or for any roads or sewers necessary in connection with any of those purposes.

4.3 By the Council at any time after giving one month's notice in writing to the Tenant:

4.3.1 if the rent is in arrears for more than 30 days; or

4.3.2 if it appears to the Council that there has been breach of the conditions and obligations contained in this agreement.

5. In consideration of an initial rent free period of 3 months, the Council can afford the opportunity to clear an overgrown garden site.

All clearance work must be completed in this period at which time full rental shall become due.

6. Structures erected on gardens must be capable of being removed at the end of any tenancy period. The Council reserves the right to instruct tenants to remove structures and to recharge tenants or ex-tenants the proper and fair cost of removal and disposal of any structures.

7. Any notice required to be given by the Council to the Tenant will be signed on behalf of the Council by the Town Clerk and may be served on the Tenant either personally or by prepaid post addressed to them or by notice posted in a conspicuous manner on the garden.

Any notice required to be given by the Tenant to the Council shall be signed by the Tenant and addressed to the Town Clerk.