Bucksburn Allotments Association

In order to remain within the Allotments legislation, the procedure the Council will require to follow to secure the rent increase will include consulting, publishing and obtaining the approval of Scottish Ministers.  It doesn't take rocket science to work out that the cost of securing the increase may easily cost more than the amount likely to be secured. The whole exercise may well be a waste of valuable Council Resources.

Council Officers state that there is no viable alternative to increasing the annual rental charges.   Whether or not there is a viable alternative is immaterial for the purposes of reviewing allotment rents simply because of the restrictions the Allotments legislation imposes on Local Authorities

The Allotments Legislation affords Allotments and Allotment holders a very real but  almost unbelievably high level of protection.

It is clear that Local Authorities can make any regulations they wish for the management of their Allotments. However it is also very clear that any regulation made shall not be of any force unless and until unless Ministerial approval is obtained after such publication and inquiry and with such modifications (if any) that Ministers shall determine.(Section 6(1) Allotments(Scotland)Act 1892.

It is absolutely clear that setting a rent is making a regulation. The rents set last February were not published, there was no inquiry and Ministerial approval was not obtained. The same situation applies to the rent increases set and applied in 2002.

Aberdeen City does not presently have a legal rent for Allotments because Ministerial approval has not been obtained.

Published Council Policy

We ask why  an increased rent was considered at all?  Councillors are reminded that in the Council’s published Allotments Management Policy document, which can be seen at

http://www.aberdeencity.gov.uk/web/files/ns_allotments/allotment_management_policy2009.pdf  

 it is shown under the heading 'Objectives' that the Council will conduct a review of the fee structure for allotments after three years. That document was approved at a Policy and Strategy meeting on 7^th October 2008. The Equality and Human Rights Impact document relative to this present proposed increase was signed on 12th November 2008 only 36 days after the policy document was signed.  A decision to try to increase rents again must have been taken within that 36 day period. What happened to the three years?