Issue - meetings

(a)      That the report be received.

(b)   That the legal position in respect of the provision of allotments in the Parish of Silverdale be acknowledged.

(c)        That Officers are authorised to progress actions to regularise the position as follows:-

(i)         That the Park Road site is leased to Silverdale Parish Council for the purpose of meeting it’s statutory duty to provide allotment land within the parish.

(ii)        That tenancy agreements with current plot holders on the Park Road site are transferred to Silverdale Parish Council and any outstanding rent due to the borough council is collected. Following this, new tenancy agreements are offered by Silverdale Parish Council at the appropriate time.

(iii)       That actions (i) and (ii) are completed by early in the new year 2014.

(iv)       That Silverdale Parish Council is asked to confirm whether or not it wishes to lease the The Acre site (either in whole or in part) for the purpose of meeting it’s statutory duty to provide allotment land within the parish.

(v)        Subject to a positive response to (iv) that the The Acre is leased (either in whole or in part) to Silverdale Parish Council (the precise area to be agreed by negotiation in conjunction with the relevant portfolio holder).

(vi)       That tenancy agreements with current plot holders on the agreed section of the site are transferred to Silverdale Parish Council and any outstanding rent due to the borough council is collected. Following this, new tenancy agreements are offered by Silverdale Parish Council and plotholders are relocated within the agreed section as part of a consolidation plan for the site.

(vii)      That alternative plots in the agreed section of the site are offered to plot holders affected by (v) for allotment gardening purposes only.

(viii)     That any remaining section of the site is retained by the Borough Council.

(ix)       That if a negative response to (iv) is received, the Borough Council concludes all tenancy agreements with existing plot holders on The Acre with 12 months notice and any outstanding rent is collected.

(x)        That the Borough Council offers alternative plots to plot holders who are not residents of Silverdale Parish, at other allotment sites in the Borough where capacity exists to do so.

(xi)       That if insufficient capacity exists to accommodate plot holders from The Acre, a further report on the implications be brought to Members for consideration.

(xii)      That the decision to temporarily suspend the letting of vacant plots at both Park Road and The Acre, pending transfer of the responsibility of allotment provision in Silverdale to the Parish Council, is noted.

(xiii) That the tenancy agreements with any plotholders on the Acre who are currently not using the plots for allotment gardening purposes and may therefore be in breach of the tenancy agreements are concluded with immediate effect, if it is found that a breach has occurred.

(d)       That regular reports on progress with these actions are submitted at appropriate times to keep Members informed.

A report was submitted to inform the Cabinet of the legal position in respect of the provision of allotments in the Parish of Silverdale and to seek authority to progress action to regularise the position.

Legal advice had been provided on this matter which stated that it appeared that where there was a parish, only a Parish Council could provide allotments in the Parish and must let these only to residents of the Parish.  Therefore, in Silverdale, only Silverdale Parish Council could provide allotments.  The Borough Council could not provide allotments in Silverdale or in any other area where there was a Parish Council.

Officers and Members had been working closely with the parish council to ensure as smooth a transition’s possible but it was still uncertain whether the parish council would take on both existing allotments or just the one situated on Park Road.

Cllr Snell stated that he had no objection in principle to the recommendations but that there were concerns regarding the suspension of letting arrangements on the acre and the fact that this could lead to an increase in anti-social behaviour. Cllr Snell also asked whether the Council had plans to help those plot holders who would be evicted is the parish council did not take on the acre allotment site.

It was stated that any evicted plot holders would be given priority regarding other allotment spaces and that there was always the possibility of new allotments being created but that again this would depend on whether the parish council decided to take on the Acre site.

The question was raised as to whether the plots were self-funding, it was stated that the plots were provided at a subsidised rate but that this had already been made clear to the parish council.

Resolved:

(a)      That the report be received.

(b)       That the legal position in respect of the provision of allotments in the Parish of Silverdale be acknowledged.

(c)        That Officers are authorised to progress actions to regularise the position as follows:-

(i)         That the Park Road site is leased to Silverdale Parish Council for the purpose of meeting it’s statutory duty to provide allotment land within the parish.

(ii)        That tenancy agreements with current plot holders on the Park Road site are transferred to Silverdale Parish Council and any outstanding rent due to the borough council is collected. Following this, new tenancy agreements are offered by Silverdale Parish Council at the appropriate time.

(iii)       That actions (i) and (ii) are completed by early in the new year 2014.

(iv)       That Silverdale Parish Council is asked to confirm whether or not it wishes to lease the The Acre site (either in whole or in part) for the purpose of meeting it’s statutory duty to provide allotment land within the parish.

(v)        Subject to a positive response to (iv) that the The Acre is leased (either in whole or in part) to Silverdale Parish Council (the precise area to be agreed by negotiation in conjunction with the  ...  view the full minutes text for item 8