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wardy Site Burk(a)

Joined: 13 Jan 2006 Posts: 8130 Location: My allotment
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Posted: Thu Feb 07, 2008 3:53 pm Post subject: Allotments disposed of by the Government (under Section 8) |
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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
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frenchchique

Joined: 22 Sep 2006 Posts: 3497 Location: Kent
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Posted: Thu Feb 07, 2008 5:45 pm Post subject: |
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_________________
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mum21andtwins

Joined: 29 Jan 2008 Posts: 21 Location: Wiltshire
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Posted: Sun Feb 10, 2008 12:03 pm Post subject: |
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whats section 8? |
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daveandtara The Bouncers

Joined: 14 Jan 2006 Posts: 2930 Location: south-east london
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wardy Site Burk(a)

Joined: 13 Jan 2006 Posts: 8130 Location: My allotment
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loobytoo Befuddled

Joined: 25 May 2006 Posts: 1465 Location: North Lincs
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Posted: Mon Feb 11, 2008 7:29 pm Post subject: |
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Well I really, really hope yours is saved. Saw lots of replies to your KG letter Wards, it obviously got folks thinking.  _________________ I'm not big on high maintenance - when it's time to bow out, I'll skid in sideways, in a wrecked, wrinkly and burned out body, wine in one hand, chocolate in the other, yelling "Woooohoooo, what a ride that was!!!!" |
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moonbells Site absent-minded Scientist

Joined: 08 Feb 2006 Posts: 1136 Location: Chilterns
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Posted: Mon Feb 11, 2008 7:44 pm Post subject: |
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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 _________________ Diary of my Chilterns lottie
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wardy Site Burk(a)

Joined: 13 Jan 2006 Posts: 8130 Location: My allotment
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Posted: Mon Feb 11, 2008 8:04 pm Post subject: |
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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 Site absent-minded Scientist

Joined: 08 Feb 2006 Posts: 1136 Location: Chilterns
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Posted: Tue Feb 12, 2008 2:38 pm Post subject: |
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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 _________________ Diary of my Chilterns lottie
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wardy Site Burk(a)

Joined: 13 Jan 2006 Posts: 8130 Location: My allotment
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moonbells Site absent-minded Scientist

Joined: 08 Feb 2006 Posts: 1136 Location: Chilterns
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Posted: Tue Feb 12, 2008 7:12 pm Post subject: |
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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 _________________ Diary of my Chilterns lottie
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Flowerlady

Joined: 15 Jan 2006 Posts: 3359 Location: Herts
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wardy Site Burk(a)

Joined: 13 Jan 2006 Posts: 8130 Location: My allotment
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