1.While researching on the internet, I became aware of Audit Scotland's involvement in a report concerning property transactions in Aberdeen including the sale of the Seafield Club and adjoining allotment site.
I became concerned that Aberdeen City Council may not have dealt properly with that part of the sale proceeds received so far as relating to the allotment site in terms of the allotments legislation.
The allotments legislation is all old but from what I read, I think that local authorities are not entitled to simply add the proceeds of sale from allotments to General Capital Account. I suspect that is what happened in Aberdeen. My own feeling is that the part of the proceeds relating to the allotment should have been kept in an allotments capital account until dealt with according to the allotments legislation. Unfortunately, it seems that the monies lost to the city in the Seafield club transaction were actually a direct loss to the Allotments capital account. Some monies from the actual sale proceeds would however still relate to the allotment site.
Aberdeen City Allotments have been described as having some of the poorest facilities in Scotland (Judy Wilkinson of Scottish Allotments and Gardens Society). Having a capital fund available for improvements would be a huge boost
2. In February this year, Aberdeen Council increased allotment rents by 80% across the board.
At the same time measures were put in place to reduce spending on allotments by some £33k.
Before the increase, Aberdeen allotment rents were just slightly less than the average in Scotland at £27.75 for a full plot but over average for a half plot at £19.05.
After the increase, Aberdeen Allotment rents were highest in Scotland by some way at
£50 for a full plot and £34.30 for a half. Nominal water charge in addition.
Tenants were not informed of the increases until they received rent demands just over a week ago. There was no consultation or any formal process.
The council now proposes a further increase in full plot rents to take them up to £70, half plots will now be £35. both amounts now include water. i.e. Council is now charging pro rata for part plots.
As far as we can see, that increase is part designed to address complaints that part plot rents were disproportionately high. Allotment holders had asked that the rent for a part plot be set at half the level of the full plot rent. Instead, the Council had doubled the already increased half plot rent to arrive at a level for a full plot.
We think this is tantamount to increasing rent levels on a whim and not in accordance with the allotments legislation
3. Aberdeen Council demands payment in full in advance for allotment rents. We think the legislation prohibits demanding more than one quarter of the rent where it is demanded in advance.
4. The allotments legislation demands that a register of tenants be kept and available for public inspection. Aberdeen Council is denying access to that information citing the data protection act. We understand this would be a concern but would have thought that the data protection act would allow local authorities to use the information in accordance with their legal obligations. We understand this issue is presently with The Councils legal department. We are presently unable to access information needed to let us contact all the other allotment tenants in Aberdeen. (We are happy that the Council is checking this presently)
5. Perhaps most importantly, we think that the allotment accounts produced to councillors to allow them to make crucial decisions on matters such as rent are prepared using the wrong accounting protocols. I was told during a recent telephone conversation with Councillor Kevin Stewart, depute leader of Aberdeen City Council recently that the Council does not treat capital expenditure as such unless it exceeds £20,000. That may be correct and acceptable where dealing with a council budget in terms of multi millions but wholly inappropriate when dealing with accounts necessary in terms of the allotments legislation especially if the income is in single thousands. There has been improvement and construction works carried out on Aberdeen City Allotments sites.
The recently completed allotments management policy was published as recently as 7th October 2008.
In that document at item 3.1.5.the council sets out an objective to 'develop clear and transparent accounting procedures to allow assessment of the full revenue and capital income and expenditure for allotments.' It also states 'This is a legal requirement'
In our view, it is a requirement which has subsisted since the inception of the legislation in 1892.
It seems the correct records are not presently being kept and as a result the correct information is not being produced.
6. Also in the same document at item 3.1.8. there is set out a procedure for dealing with the proceeds of sale of allotment sites which does not marry up with the provisions of the allotments legislation.
7. We think the increases in allotments rent may be designed to reduce demand and so create a surplus capacity which would allow sales of city centre allotment sites. City centre sites at Gray Street, Holburn Street and Nellfield Place are predominately comprised of full plots and affected by the latest rent increase proposals. The Council is now aware of the potential value of allotment sites because of the Audit Scotland report.
8. We do not think the council is entitled to charge more for a half plot than a pro rata share of a full plot rent.
9. We think people may already have be surrendering allotments because of increases implemented on the basis of wrong information
10.Councillor Kevin Stewart said to me recently during a telephone conversation that the allotment rents were amazingly cheap taking account of the capital value of land in this area. We think it is the agricultural value which the allotments legislation requires to take into account. Agricultural rents in this area are between £35 and £55 per acre which equates to less than £4 per full plot. The rent the council now seeks to achieve equates to £1120 per acre.
11. A recent email from
Christine Gresswell
Policy Officer
Local Governance Team
Local Government Division
Scottish Government and forwarded to Councillor Fletcher seems to point towards procedures which require to be followed before allotment rents are increased including consultation, publishing and finally seeking the approval of Scottish Ministers. As far as we can establish, no such procedures have been followed.
I would be grateful if you would pass details of our concerns to the appropriate officer so that the matter of our complaint might be progressed. There is some urgency because of the fast approaching budget meeting in February
Frank Taylor
Acting Secretary
Bucksburn Allotments Association