Allotment Rent Protest Options

[Andy Capp]

I think Simon's primary aim is to remain on the allotment under fair terms. It would seem that he is up against a council that, if Simon speaks the truth (and I have no reason to disbelieve him at the moment), are materially unfair. The council need not have gone down this route, but in doing so (seemingly in solidarity with one of its own members) could realistically cost the tax payer more money. Shame on them if that is the case.

There should be some kind of ombudsman or arbitration for this kind of thing. Or better still, a council with some common sense.

[Adrian Hollister]

Have you tried an FoI request to see the meeting notes?

[Simon Kirby]

Have you tried an FoI request to see the meeting notes?

If you don't mind I won't say anything more on this right now.

[Simon Kirby]

I think Simon's primary aim is to remain on the allotment under fair terms. It would seem that he is up against a council that, if Simon speaks the truth (and I have no reason to disbelieve him at the moment), are materially unfair. The council need not have gone down this route, but in doing so (seemingly in solidarity with one of its own members) could realistically cost the tax payer more money. Shame on them if that is the case.

There should be some kind of ombudsman or arbitration for this kind of thing. Or better still, a council with some common sense.

Agreed.

In terms of my eviction I believe Trading Standards should have acted to prevent the Council from evicting me and using the unfair rent review term. They agree that the term is unfair and I believe they have a duty under the Unfair Terms in Consumer Contracts Regulations 1999, and a duty under Regulation 19 of the Consumer Protection from Unfair Trading Regulations 2008 to enforce the Regulation 7 prohibition on aggressive commercial practices. I'm currently persuing this with Trading Standards through their complaints process and that may very well go to the Local Government Ombudsman.

In terms of Newbury Town Council's suppression of Self Management there is only the option of a Judicial Review of their decision to not discuss it, but I don't have the money for that. The idea is that our elected councillors serve the interests of the public so this situation should never occur and the ultimate ombudsman is the democratic process, and while I'm the only one with a banner protesting outside the Town Hall it's hard to argue that what they're doing is undemocratic.

[Andy Capp]

In terms of Newbury Town Council's suppression of Self Management there is only the option of a Judicial Review of their decision to not discuss it, but I don't have the money for that. The idea is that our elected councillors serve the interests of the public so this situation should never occur and the ultimate ombudsman is the democratic process, and while I'm the only one with a banner protesting outside the Town Hall it's hard to argue that what they're doing is undemocratic.

Democracy would be seen to be done if the allotmenteers had been polled for interest in self management (on the assumption that it could relieve the burden on the tax payer). It is not democratic to refuse to discuss it further.

[Simon Kirby]

Democracy would be seen to be done if the allotmenteers had been polled for interest in self management (on the assumption that it could relieve the burden on the tax payer). It is not democratic to refuse to discuss it further.

But really, who's bothered? We get the democracy we deserve. Yes, it would have been easy enough to ask the allotmenteers, or even just their site associations, whether they'd like to take on some administration or maintenance for a share of the rental revenue (that's the usual arrangement), but if I'm the only one who's making a fuss how is it undemocratic if they don't?

I note also that NTC removed the £3.5k Big Society line from this year's budget because, as they said, there was no demand in 2011-12. I could have sworn Richard Garvie asked the Council to host an Allotment Self-Management workshop and they wanted to charge him £70 for the chamber hire.

NTC even claim they have offered site associations self-management:

Newbury Town Council had also established the Growing in the Community initiative to alleviate concern that some of the allotments were becoming run down. The initiative allowed local tenant associations to take over the anagement and maintenance of allotments if it was felt that the Town Council was not meeting its obligations; to date no association had taken up this offer.

Where was that offer then? Strange they didn't mention how the Council Resolved to not recognise the Wash Common Allotment Society because self-management was an aim.

The Growing in the Community Working Group was actually my initiative too, and it had nothing to doo with lack of maintenance, it was all to do with lack of involvement and accountability. Growing in the Community is the Local Government Assoication allotment management best praactice guide and its central recommendation is that councils have a self-management policy. After three meetings none of the councillors had actually read the guide and the meeting broke up in disarray, only to limp on ineffectually, which I'm guessing is how the Council prefer their working groups to work.