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Allotments disposed of by the Government (under Section 8)

 
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wardy
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Joined: 13 Jan 2006
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Location: My allotment

PostPosted: Thu Feb 07, 2008 3:53 pm    Post subject: Allotments disposed of by the Government (under Section 8) Reply with quote

Here is the list. Keep your ears open cos it could be yours next!


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Flowerlady



Joined: 15 Jan 2006
Posts: 3359
Location: Herts

PostPosted: Thu Feb 07, 2008 4:27 pm    Post subject: Reply with quote

poo ... control freaks Confused

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frenchchique



Joined: 22 Sep 2006
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PostPosted: Thu Feb 07, 2008 5:45 pm    Post subject: Reply with quote

Sad Sad Sad Evil or Very Mad

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mum21andtwins



Joined: 29 Jan 2008
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Location: Wiltshire

PostPosted: Sun Feb 10, 2008 12:03 pm    Post subject: Reply with quote

whats section 8?
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daveandtara
The Bouncers


Joined: 14 Jan 2006
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Location: south-east london

PostPosted: Sun Feb 10, 2008 12:58 pm    Post subject: Reply with quote

only one refused out of all them Crying or Very sad

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wardy
Site Burk(a)


Joined: 13 Jan 2006
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PostPosted: Sun Feb 10, 2008 9:44 pm    Post subject: Reply with quote

yup! Rolling Eyes
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loobytoo
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Joined: 25 May 2006
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Location: North Lincs

PostPosted: Mon Feb 11, 2008 7:29 pm    Post subject: Reply with quote

Well I really, really hope yours is saved. Saw lots of replies to your KG letter Wards, it obviously got folks thinking. Smile

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moonbells
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Joined: 08 Feb 2006
Posts: 1136
Location: Chilterns

PostPosted: Mon Feb 11, 2008 7:44 pm    Post subject: Reply with quote

We had a meeting at the town hall today. Closure's not an issue here (yet) but we do have a few grievances, mostly due to the council refusing to secure the site properly. Some tenants will leave this year if the vandalism isn't curbed somehow. There was a huge amount of land sold 20y ago which gave the council of the day a huge profit, and we are still trying to outmanoeuvre them legally to get 50% of it back for our allotments.

Would help if I could either find the original web reference to the law in such circumstances, as the Chair gave my only paper copy to the council and they don't seem to have it now... just asked for it back.

mb

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wardy
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PostPosted: Mon Feb 11, 2008 8:04 pm    Post subject: Reply with quote

The Government office said they didn't know about that pay back clause MB. Typical !

Is it the 1908 Act where the wording is?
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moonbells
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PostPosted: Tue Feb 12, 2008 2:38 pm    Post subject: Reply with quote

The best reference I can so far find is an NSALG comment on a govt website:

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5. THE EFFECTIVENESS OF STATUTORY PROTECTION FOR ALLOTMENT SITES

The allotment legislation having originally been set up for the provision and protection of allotments has been so watered down over recent years by amending legislation or other, seemingly unrelated, legislation that it is now difficult, if not impossible, to work to.

Legislation has been enacted specifically relating to allotments, but some councils are now referring to other Acts of Parliament as their authority, i.e., Local Government and Housing Acts, Compulsory Purchase Acts, etc.

The Society's recommended amendments to legislation are included in Appendix 7 but in particular, a Council's ability to dispose of statutory allotment land only where it is superfluous or unsuitable is no longer applicable due to the High Court decision in The Queen v Secretary of State for the Environment - ex parte - Gosforth Allotments and Gardens Association Limited.

The Small Holdings and Allotments Act 1908 S 32 requires the proceeds of sale of statutory allotment land to be used initially for allotment purposes, but the Local Government and Housing Act now restricts the useable part to just 50 per cent. As the Council will be required under The Allotments Act 1925 to make alternative provision for displaced plot holders this limitation on expenditure could make it impossible for a council to carry out this statutory obligation.

See case histories, Cardiff County Council and Wyre Borough Council.


mb

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wardy
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PostPosted: Tue Feb 12, 2008 3:28 pm    Post subject: Reply with quote

thanks MB. One of our fighting crew asked me that question this morning. She's got to try and sort out the compo so we don't get shafted if push comes to shove and we lose the Section 8 battle Rolling Eyes

I'll pass the info on Very Happy
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moonbells
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PostPosted: Tue Feb 12, 2008 7:12 pm    Post subject: Reply with quote

If all else fails, don't forget that the existing legislation also states that 12 months' notice must be given and that it must be up in the winter months... and that you can claim compensation.

moonbells

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Flowerlady



Joined: 15 Jan 2006
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PostPosted: Fri Feb 15, 2008 8:01 pm    Post subject: Reply with quote

Have you seen this Petition ????? I've signed it Cool

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wardy
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Joined: 13 Jan 2006
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PostPosted: Fri Feb 15, 2008 10:22 pm    Post subject: Reply with quote

yup Very Happy

They seriously thought they could get away with 3 months notice and no compensation. Just shows what a shower of shoite they are Rolling Eyes
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