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23rd March 2010.
Disappointingly, even after demonstrating irrefutable proof to the city Council that the various regulations it has made in a variety of ways for the management of allotments cannot be enforced, the view of the Council seems to remain that they do not in any circumstances require to make formal regulations and have them formally confirmed by Scottish Ministers.
See the following email sent to the Chief Executive of the Council on 17th March 2010. The crucial point is that the City Council has made regulations. Whether they may, can or need to make them is irrelevant. The fact is that regulations have been made and have not been confirmed by Scottish Ministers.
Dear Mrs Bruce,
I have read and considered the email prepared by the City's legal team, I have made various comments within the body of the email below but I have to say that Ms Kilvington's comments are centred on whether a local authority can, may or needs to make regulations for the management of it's allotments and not on the actual situation which is that the Aberdeen City Council has made regulations that have not been confirmed by Scottish Ministers.
The word regulation is defined in the Oxford English Dictionary as a rule or directive made and maintained by an authority.
That definition can be checked here. AskOxford: regulation
Has Aberdeen City Council made regulations for the management of its allotments and does it maintain them? Of course it has and does and I detailed five different ways in which the council has made regulations in my email to you dated 2nd February.
I can understand that Council Officers may have mistakenly thought that the word regulations contained in Section 6(1) Allotments(Scotland) refers only to that type of regulation used for secondary or delegated legislation but as John Swinney has indicated, the word is not defined. It is a well established legal principle that in circumstances where a word in legislation is undefined, that the Courts will apply what is known as 'the literal rule' and apply the literal ordinary and natural meaning of a word in interpreting the law. You may care to look at the following websites where there is a clear consensus of opinion.
Statutory Interpretation
The next question is therefor whether the literal, ordinary and natural meaning of the word regulation fits with the definition of a regulation - a rule or directive used and maintained by an authority - and again the answer clearly is yes.
It is therefore a question of fact. Aberdeen City Council has made regulations for the management of its allotments that have not been confirmed by Scottish Ministers. Without such confirmation such regulations are unenforceable. The wording from the act can be checked here.Allotments (Scotland) Act 1892 (c.54)
You will note that I have copied this email to Councillor Kevin Stewart who communicated with me on this topic the other day and to all elected members. If this matter cannot be resolved it is my intention to try to have the matter escalated through the Council and Councillors need to be aware of the issues and of the strength of our argument.
Elected members particularily those on the ruling body of the Council have a responsibility to ensure that all matters under their charge are dealt with in accordance with the law and that is what Aberdeen Allotment holders are seeking to achieve for their allotments.
Frank Taylor
Dear Mr Taylor
Please find below a response on behalf of the Chief Executive to your e-mails of 2 and 3 February prepared by a colleague in the Council's legal team.
Dear Mr Taylor,
As I believe you are aware, your e-mails of 2nd and 3rd. February , addressed to the Chief Executive, were passed to the City Solicitor ( now Head of Legal and Democratic Services ) for a response and I have been asked to reply on her behalf in my capacity as Legal Manager of the Council's Conveyancing Team.
Firstly, I apologise , on behalf of the Council, for the delay in responding due to a genuine oversight. With no disrespect to yourself intended, the sheer volume of e-mails from yourself to the Council over the last few months - most of them containing similar content - has led to these two being inadvertently overlooked. However, I now respond as follows:
With reference to these two e-mails, I do not propose to go through them point by point but , rather, to deal with the main thrust of same which appear to be that the Council is acting inappropriately in the way that it manages allotments through lease terms, committee decisions etc because there do not exist any regulations made and confirmed by the Scottish ministers in respect of the council's dealings with allotments as provided for in section 6 (1) of the Allotments ( Scotland) act 1892, which you consider to be mandatory. At no point have I expressed the view that there is a mandatory requirement to make regulations. What I have said and continue to say is that Aberdeen City Council has made regulations(by the literal ordinary and natural meaning of the word) and because of that requires to go through the process described in section 6(1) of the 1892 Act to give these regulations legal force. I described five separate ways in which the Council has made regulations in my email of 2nd FebruaryIn this regard, I would re-iterate what colleagues have already said to you , namely, that the wording of this section does not say that the making of regulations is compulsory but that the council "may " make such regulations and , if they do, must have same confirmed by the Scottish Ministers.
Although section 6(1) does say local authorities may make regulations, it most certainly does not provide for any other procedures to give a local authority the legal authority to manage its allotments. It is abundantly clear, even to a layman, that section 6(1) is designed to allow local authorities to give themselves the legal authority to regulate the management of those aspects of their allotments that they choose to manage by making formal regulations. For whatever reason, Aberdeen City Council has chosen to try to manage its allotments using regulations that have not been formally confirmed by Scottish Ministers. Section 6(1) is explicit. Provided also, that all regulations made under this section shall not be of any force unless and until they have been confirmed by the Secretary for Scotland, after such publication and inquiry, and with such modifications (if any) as the said Secretary shall determine.I am aware that there have been a number of Parliamentary questions put to John Swinney in recent months, which he has answered, regarding Allotments and I refer to two of his answers, in particular, namely those of November 4th 2009 and December 8th 2009. In the first of these he said "A local authority may make regulations under section 6(1) of the Allotments ( Scotland ) Act 1892 as regards the letting of allotments , but the legislation does not compel them to do so " In the second of these he said " Allotment legislation refers to regulations which local authorities CAN make about the letting of allotments in their area, but does not define these. It is up to each local authority to decide whether and how it makes allotment regulations in terms of the relevant legislation" The critical words here seem to be " CAN " and " whether", neither of which indicate to me any element of compulsion.The critical element is the fact that Aberdeen City Council has made regulations for its allotments. Council Officers seem to be blinkered and cannot comprehend that the word regulations which is undefined in section 6(1) can simply mean anything that regulates or has the effect of regulating which is the literal ordinary and natural meaning of the word.
As you have clearly read the various parliamentary questions and answers I shall make no further reference to them except to say John Swinney has made it clear in various answers that a local authority cannot rely on informal regulations and in particular with regard to rent, that a local authority is not entitled to collect rent without a regulation that has been confirmed by Scottish Ministers.
In relation to some other questions which have been asked, it seems to me that the gist is that if regulations are in place these should be adhered to and, in the event of variations, these require to be formally ratified but this is not the same as saying there is a legal requirement for such regulations to be there in the first place.
In your e-mail of 3rd February, you refer to section 8(2) of the 1892 Act and that " That sub section provides for the local authority to be able to terminate a tenancy only by reference to " the regulations affecting such allotment made by or in pursuance of this Act " " The section in question does not provide for termination "only" by reference to regulations made. Non observation of regulations made under the Act, is just one of a number of possible grounds for termination given in that section. This is also the situation with respect to section 1 (4) of the 1922 Act to which you also refer. I would agree with you that any reference to "regulations " means regulations in terms of the 1892 Act but that is not the same as saying that there have to be any such regulations in place.
In your e-mail of 2nd February, you ask if the Council has taken external advice as to the interpretation of section 6 (1) or will consider doing so. The answer is that the Council has not nor, as far as I am aware, feels the need to do so.
As regards the idea of arbitration or some other form of non adversarial procedure ( eg mediation ), I have spoken to a colleague in our Court Team who advises that these sorts of procedures are more appropriate for resolving matters such as contractual issues where a middle ground is sought which satisfies both sides but this is not really the situation here, as both sides are of the view that they are correct. There isn't, as I understand it, any "friendly", as you put it , procedure under the auspices of the Sheriff Court - courts are adversarial by nature. Thank you for checking this for me. If you think that the Council is acting out with its powers you could seek a Judicial Review through the Courts but clearly this is something in respect of which you would require to seek independent legal advice. The cost implications make this unlikely.
Part of the problem is, as I'm sure you'll agree, that the legislation relating to allotments has probably become outdated and over the years between 1892 and 1950 was enacted in a piecemeal fashion to deal with changing circumstances but has not moved on since. With a definite focus currently on the benefits of allotments, it is perhaps time for the legislation to be looked at and clarified but, unfortunately, that is not something we can respectively do. Undoubtedly, some parts of the legislation are outdated, as an example clearly there is no place for pigsties in garden allotments. However, section 6(1) was I have already said designed to allow local authorities to give themselves the legal authority to manage their allotments. It is a shortcoming of a local authority that does not avail itself of the opportunity to use that subsection and not a shortcoming of the legislation. Section 6(1)was also clearly designed to protect the rights of allotment holders from possible excesses of local authorities by the involvement of the public in the consultation process and also in that regard from ministerial involvement. It is clear that allotment tenants continue to require protection.
As regards the Council's allotments, you are aware , I am sure, of the intention to review the way things are run ( though that doesn't mean making regulations under the 1892 Act ! ) I think it may well do!! and , hopefully, this will prove positive , both from the Council's point of view and that of allotment holders. I fully appreciate that you wish to air your grievances but, without wishing to sound rude, it does appear that a very considerable amount of officer time ( and associated costs ) is being taken up going over the same ground - time which might be better spent on progressing the review. I make no apology for continuing to press the case for Aberdeen's allotment holders to have their allotments administered strictly in accordance with the law. The law is clear and unambiguous and it is the Council, not me, that refuses to accept the law. I assume the Council has taken this stance because of the cost implications of doing otherwise.
I have been forwarded, in addition to your e-mails of 2nd and 3rd. February, a copy of the e-mail which you sent on 4th March to elected members. To some extent this e-mail addresses some of the points raised in that e-mail but not all and a response will be sent, in due course, once there has been the opportunity to look into the various matters raised.
I hope the above is of assistance meantime.
27 February 2010.
After being geared up for a radio phone in on local Radio last Sunday, the main item under discussion over ran, and we were only left with time to get the first part of our message over - that we were not looking to get a freebie and that our campaign did not set out to try to obtain refunds of rent. We set out to achieve fair rents for our allotments and to have our allotments administered strictly in accordance with the law. That has not changed.
The law allows local authorities to make any formal regulations they want for the administration of their allotments. It does not permit any alternatives. Any regulations made must be formally confirmed by Scottish Ministers before they become legally enforceable.
Aberdeen City Council has admitted it does not have and never has had any formal regulations for its allotments.
John Swinney MSP for the Scottish Government, in reply to a parliamentary question,parliamentary questions answered has confirmed that local authorities are not entitled to collect rent from its allotment tenants without formal regulations that have been confirmed by Scottish Ministers. Aberdeen City Council has collected rent from us illegally. We want that money back.
In the meantime, we have been invited back on to local radio on 28th February and we will do our best to get our message over to the public and to the Council.
The big message is that Aberdeen City Council does not have any legal authority to manage its allotments. The law allows the Council to give itself legal authority by making formal regulations and having them confirmed by the Scottish Government but it has chosen not to do so. That situation must be rectified.
9 February 2010. Those of you who saw the article in yesterday's Press and Journal will have noted that the City Council has publicly said that they do not have and never have had Formal regulations for allotments. They say they may but do not have to make regulations for allotments.
I'll give this a separate line so that this is clear. I totally agree. The council does not need to make formal regulations,
I'll give this a separate line so that this is equally clear, only if they choose not to regulate any aspect of the management of their allotments.
If a local authority chooses to regulate the management of any aspect of its allotments, it requires a formal regulation that has been confirmed by Scottish Ministers.
Where is the proof for this? It lies within the Allotments legislation and the powers given to local authorities to recover unpaid rent and the powers given to local authorities to recover possession of allotments if a tenant breaches any of the leasing conditions. In both cases, a local authority can only found any court action on a breach of regulations that have been made by or in pursuance of the allotments legislation. i.e. Regulations that have been made after publishing, full public consultation and obtaining confirmation from Scottish Ministers.
Definite proof that a local authority does need formal regulations.
The other unarguable point is that whereas the allotments legislation allows a local authority to make regulations that have to be confirmed by Scottish Ministers, it does not provide any for any alternative.
8 February 2010
At last a response from Holyrood, but unfortunately just a holding reply which enables them to comply with their timing rules for replying to correspondence. I took the opportunity to discuss the situation with the gentleman dealing with the problem - Jared Stewart. I was able to confirm to Mr Stewart that since writing in December we had at least established why Aberdeen City Council was so at variance with our view. The City Council thinks that the word regulations has no other possible meaning than formal regulations of the kind required for secondary or delegated legislation. We take the view that because the word regulations is not defined in any of the allotments legislation or in any other legislation that we can find, that the word has the meaning of something or anything that regulates or has the effect of regulating. Our view is reinforced here Legal Directory: Interpretation of the law - The literal rule. I also made Mr Stewart aware of the wording of section 8 of the 1892 Act and section 1(1d) of the 1922 Act which make it abundantly clear that a local authority cannot enforce any regulation unless it has been made by or in pursuance of the allotments legislation. During a further conversation with Mr Stewart he told me that the explanations I gave him today " had added a whole lot of clarity to the matter"
Mr Stewart told me he had yet to talk to Aberdeen City Council, to Cosla and that he would be taking legal advice.No local authority has asked for regulations to be confirmed so none of them appears to be managing their allotments with proper legal authority. It is not just Aberdeen City Council that is affected.
It may take a wee while yet but we will get there.
3 February 2010
still no reply from Holyrood. In the meantime an exchange of emails with a senior Council Officer has at least revealed part of the Council's reason for refusing to accept that they have made regulations. Apparently we are referring to the wrong kind of regulations. The crucial thing is that the word "Regulations" used in the allotments legislation is undefined. In such cases where words are undefined, we think that it is the literal, ordinary and natural/normal usage of a word which should apply and in this case something or anything that regulates or has the effect of regulating. Our view is re-inforced hereLegal Directory: Interpretation of the law - The literal rule.
There is way of understating the importance of this point. If a local authority makes any kind of regulation in any way, it needs to have them formally confirmed by Scottish Ministers before they have any legal effect. John Swinney MSP has responded to several questions about regulations tabled at the Scottish Parliament by Dr Nanette Milne Msp on behalf of local allotment holders recently. The text of the questions and the answers can be seen on this web siteQuestions & Answers Search .
There is a specific question about regulations for rent
S3W-30502 - Nanette Milne (North East Scotland) (Con) (Date Lodged Thursday, January 07, 2010): To ask the Scottish Executive whether local authority allotment tenants who have been charged rent as a result of the implementation of regulations that have not been confirmed by the Scottish Ministers in terms of section 6(1) of the Allotments (Scotland) Act 1892 are entitled to have these rents repaid to them.
Answered by John Swinney (Friday, January 15, 2010): A local authority would not be entitled to collect rent under regulations that had not been formally confirmed by Scottish Ministers in terms of section 6(1) of the Allotment (Scotland) Act 1892. Regulations made under this provision have no legal effect without ministerial confirmation. It would be for the local authority to resolve with its allotment holders the issue of rent collected in this manner.
Bottom line.
There is absolutely no justification for the City Council refusing to return the rents improperly/illegally demanded and collected from allotment holders. It is abundantly clear that a local authority cannot legally enforce any informal rules/regulations that it uses to manage its allotments. It can only legally enforce regulations it has made if they have been formally confirmed by Scottish Ministers after publishing and full public consultation . The City Council has admitted it does not have, and never has had any regulations for its allotments.
John Swinney in response to another parliamentary question indicated that no local authority has asked to have regulations confirmed.
In the meantime, the struggle goes on to convince the City Council. Copies of recent emails sent to Mrs Sue Bruce, chief executive of Aberdeen City Council can be seen on the latest news page latest news.
17 January 2010
My letter of 18th January, which you can see by following this link latest news was acknowledged as having been received at Holyrood on 11th January. A reply will be sent to me as soon as possible. In the meantime I've asked that the following comment be considered along with that letter. " "If it is the literal, ordinary and normal meaning of a word which should be used, the lowest level of the meaning of a regulation would be - something or anything that has the effect of regulating"
If you are a Scottish Allotment holder, please see our latest news page.latest news
8 January 2010
Some recent information given to a member by email
Aberdeen Forward was recently awarded a cash sum of £25,000 from the Climate Challenge Fund for remediation of vacant allotments throughout Aberdeen. This basically covers the salary of one employee who will be involved in this project. Any works to be carried out will be done by volunteers. It is a one year project. As soon as I heard about this, I got in touch with Aberdeen forward and have since met with the staff member involved - Corrie Cheyne. I managed to get in before anyone else and the unlettable plots at Sclattie and at Bankhead are to be first in the queue for remediation. It is intended that work will start sometime in February but obviously weather permitting. I don't know about you but if no other plot had been available, I would happily have taken one on even if underneath trees.
It is hoped that three plots at Sclattie and three at Bankhead can be cleared and help reduce the city waiting list.
We have been told by Council Officers that no monies are available for any expenditure on Allotments and that we should try to find external funding from Supermarkets, Oil companies and the likes. Totally unsatisfactory but with the City Finances in the state they are in it is something we have to live with. We will ask that your concerns be noted though.
However, having said that, I wrote to Asda at Dyce on 4th January asking if the ASDA Foundation would be prepared to help meet the cost of water installation at Bankhead. I'm led to understand that the ASDA Foundation does help with local projects and we are local to Dyce so fingers crossed.
I have asked the Council if they will do any necessary excavation works by way of in kind help if we can raise the money to pay for the connection to the mains water supply and the materials.
If anyone can suggest any other possible sources for funding or other fund raising ideas, please let me know.
Very late in December, while attending a meeting of Torry plotters, I discovered that Community Councils had funds to make small improvement grants to local organisations but that if these funds were not paid out by the end of the year, they would be clawed back by the Council. I first of all established that Bucksburn and Newhills CC did have such funds and in the knowledge that it is pointless clearing unfenced plots at Sclattie, (remember we have no perimeter fencing) I obtained prices for fencing materials and asked the Community Council if they would cover the cost if we did the work. The Community Council was happy to oblige and I am presently waiting for our treasurer to collect a cheque from me for £394.51 which covers the whole cost of the materials exc carriage. I'm led to understand that virtually cleaned the CC out and these grants will not be available in future. There is a fly in the ointment. The Council has yet to approve the fencing works and if approval is not forthcoming, the money will have to be paid back. In addition to the fencing, we intend planting hawthorn hedge plants to create a living green fence for the future.
Is it contact details of all site reps throughout the City you are looking for? Bucksburn is treated as one site because of our Association and at the moment, our Chairman, Dave Smith and I are carrying the local mantle after attending the first meeting to try to encourage other sites to form their own associations.
Let me know if you need any further explanations or if you have any further comments.
Frank Taylor
18 December 2009
Anyone who has been a regular visitor to our web site will be aware that we have been in dispute with the City Council after having swingeing increases in rent imposed without prior notice in two successive Council budgets. After it became obvious that there was to be no meeting of minds with the City Council Solicitor, the matter has rumbled on in the background with efforts continuing to achieve a resolution. The issue has moved from being something which affects Aberdeen City Council and local allotments, to being something which has extremely serious implications for all Local Authorities in Scotland which have allotments under their control. A letter has recently been sent to Mrs Roseanna Cunningham MSP, the Cabinet Secretary with responsibility for the Environment. The detail is shown on the latest news page latest news. A copy has also been sent to Mrs Sue Bruce, Chief Executive of the City Council.
17 December 2009
Our Secretary attended a debate at the Scottish Parliament on the subject of Allotments. He was treated to a coffee in one of the cafeteria courtesy of local MSP Dr Nanette Milne who has asked several questions of the Scottish Executive on our behalf recently. Was also given a short tour of the Parliament building. Have to confess to being very impressed but after the mega millions spent on construction would have been disappointed had I not been.
8 November 2009
We hope to issue the first edition of our newsletter very shortly. It is presently in draft form being proof read.
6 November 2009.
We have managed to have yet another point with which we were at variance with Aberdeen City Council clarified
Section 14. of the Allotments(Scotland) Act 1892 provides as follows Register of tenancies.
The local authority shall cause a register to be kept showing the particulars of the tenancy, acreage, and rent of every allotment let, and of the unlet allotments, and such register shall be open to the examination of ratepayers in the burgh or the [1. parish], as the case may be in such manner as may be prescribed by the regulations made under this Act by the local authority, and any ratepayer of such of such burgh or[1. parish], without paying any fee, may take copies of or extracts from such register, and within one month after the fifteenth day of May in every year the local authority shall cause an annual statement showing their receipts and expenditure under this Act in respect of the year ending on that day, to be deposited at some convenient place in the burgh or [1. parish] to which the statement relates, and any ratepayer may without fee inspect and take copies of such statement.
The following enquiry was put to the Information Commissioner - Scotland
' It is my understanding that nothing in the current Data Protection Legislation prohibits a Local Authorities from fulfilling its obligations under any other legislation. Are you in a position to confirm my understanding or otherwise clarify the matter?'
The answer received is clear and unambiguous. The text of the email received from the office of the Information Commissioner - Scotland is as follows
'28th October 2009
Case Reference Number ENQ0275897
Dear Mr Taylor
Thank you for your email of 25 October 2009.
Your understanding that nothing in the Data Protection Act 1998 prohibits a Local Authority from fulfilling its obligations under other legislation is correct.
Should you wish to contact us about this matter please quote the above case reference number. Failure to do so may delay the processing of your request.
If you require any further advice or assistance please contact us on the telephone number below.
Yours sincerely
Anne Gordon
Advice Officer
Information Commissioner’s Office - Scotland
93-95 Hanover Street, EDINBURGH, EH2 1DJ
Telephone: 0131 301 5071
www.ico.gov.uk
15 October 2009
Our visit to the new Fire Station was extremely informative and we must extend our thanks to the Fire Brigade staff for making our visit such an interesting and enjoyable experience.
1 October 2009
Our members have an invitation to visit the new Fire Brigade Building on Anderson Drive on 14th October at 6.45 pm. Members please contact the Secretary franktaylor@bucksburnallotments.co.uk to let him know if you can attend so that we can provide an estimate of numbers
14 June 2009
Really good to see plot 6 at Sclattie with a new tenant. The plot has been a disaster for the last three years and only recently vacated. Council employees have sprayed the plot with round up or similar and the vegetation is rapidly dying back but a huge amount of work will be needed to get this plot back into production. Good luck and much enjoyment to the new tenant.
13 June 2009
Apologies to interested persons for the failure to keep our site updated. Matters relating to our rent dispute withh the Council are still ongoing albeit in the background. A resolution will depend on the interpretation of the relevant parts of Allotments law. Unfortunately the responsible Scottish Minister - John Swinney declined to give any guidance and we are not in a position to be able to afford to pay for legal advice. Possible benefactors please step forward.
On the practical side, Council Officers seem keen to meet with us and with representatives from other sites in the City. Our own Association has already had a useful but largely unproductive meeting with them. The main problem being that Councillors have declined to make funds available for Capital Improvement works on City Allotment sites.
26 April 2009.
One of our elderly members who has health problems is struggling to look after his plot on the Sclattie Quarry Allotment site. He is prepared to share his plot with an enthusiastic vegetable gardener. The plot is presently in a very bad state and a lot of work will be required to get it back into cultivation. The real downside is that anyone sharing a plot with an existing tenant in this manner will not be able to take over the plot in the event of the tenant giving up the plot for any reason so there is a distinct element of risk. If interested please contact our secretary franktaylor@bucksburnallotments.co.uk and he will put you in touch with the allotment holder.
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The benefits of forming an Allotments Association are now becoming obvious to our members. A local garden Centre has agreed to allow a discount to our members on production of our membership card. A further indication was the willingness of Council Officers to meet with all of our members on 23rd April to discuss a variety of issues giving rise to concern following some serious vandalism involving one shed being broken in to and another two sheds burned to the ground. Although we weren't necessarily given the answers we wanted, we nevertheless did get answers and a big thank you to the Council Officers for taking the time to meet with us.
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Our inaugaral General Meeting was held at Bankhead Academy on 11th March 2009. The draft minutes of the meeting and the agreed Constitution document will shortly be circulated to members.
Drew Levy has around half a dozen shed alarms which can be made available to new members on a first come first served basis. To reserve a shed alarm, contact Drew by email - lairddrew.levy@talktalk.net
Check out the latest news page latest newsto learn what is happening about the Rent situation other than what is detailed below
Our deputation to the Council meeting on 11th February consisted of Mr Sandy Inkster from Cults, a plot holder at Garthdee, Drew Levy and Frank Taylor both from Sclattie Quarry. In the event, after hanging around for more than 4 hours, Sandy and Frank had to leave, the heavy snow at the time being an influencing factor as also was the fact that an adjournment had been called and if the speed of previous proceedings was a yardstick, after the adjournment, there was at least an hour of questions and debates on other matters before they would be able to get around to the Allotments situation. Drew however was able to stay and he delivered a pre prepared statement the contents of which can be seen by clicking on the following link. Council Presentation1 Drew reports that although many Councillors spoke in favour of the Allotments they voted 30 to 10 in favour of the proposed £20 rent increase.
A huge thanks to Drew. That makes it twice in the course of a week he has been left alone to fight our cause but he has done very well for us.
We remain convinced that the Council does not have a legally set rent and representations are being made in other places on this matter.
The City Council has developed a new Web Page on the Council website for Allotments. There is a link to that web page on our useful links page.Useful links. The new page is a huge improvement on what was there before but disappointingly, it does not make any reference to the right of tenants to be able to pay only 25% of Rent in advance. Also the size of the plots shown on that web page is innacurate and this has been drawn to the attention of Council Officers.
Brilliant News
Our view that the Council was illegally demanding 100% of the annual allotment rents in advance has been accepted by Aberdeen City Council. In an email dated 4th February, Mrs Sue Bruce informed us that with regard to section 10(2) of the Allotments (Scotland) Act 1950 (as amended), the City Solicitor has advised that this section prohibits the demanding of more than a quarter of the rent in advance.( as we stated) As a consequence measures will be taken to permit tenants to have the option to pay quarterly or annually.
We have asked that Allotment tenants be informed of their right to pay only 25% of the rent quarterly in advance without any delay. This will be of major help to plot holders across the City with their budgeting requirements.
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A huge warm welcome to anyone having a look at our website as a result of receiving a letter forwarded on our behalf by Aberdeen City Council. Welcome also to other visitors.