A
SUMMARY OF THE SALIENT POINTS FOLLOWING FROM THE SAVINGS AND EFFICIENCY REVIEW
OF THE MANAGEMENT OF ALLOTMENTS
Based
on a report on the the management of Allotments following the outcome of the
Neighbourhood
& Regulatory Services - Savings & Efficiency Review produced by Malcolm
Russell (Neighbourhood Services – Bolton MBC)
This
summary outlines the proposed management arrangements for both those sites with
an Operational Management Agreement and those which do not have one.
Mr
Russell’s Report recommended (and his recommendations were accepted) that:
The Executive Cabinet Member is recommended
to:
i) Approve the request from Harpers Lane
Allotments Ltd for a
Business Tenancy for part or all of the
Harpers Lane Allotments
site.
ii) Authorise the Director of Environmental
Services to enter into
‘Operational Management’ arrangements with
other allotment
sites who wish to do so.
iii) Approve the operational, process and
procedural changes set
out in the report.
iv) Authorise the Director of Environmental
Services to enter into an
arrangement with the Association of Bolton
Allotment Societies
(ABAS) for that organisation to take over
the arrangement and
management of the allotment competitions.
Equality Impact Assessment: To be completed
1.0
Background
The Neighbourhood Services Review approved
on the 16th September 2013 has
resulted in:
·
A reduction in the Allotments budget and
the loss of the Horticultural Officer Post.
·
The Allotment Budget is now zero and
expenditure will equal rent taken in across all sites (approx. £32,000 per
year)
There are 35 sites and approximately 1000
plots
1.2 Historically the Horticultural Officer
post (formerly the Allotments Officer) managed the waiting lists, changes in
tenancy (incl meeting prospective tenants on site,arranging invoices and
tenancy agreements), approving/refusing requests to erectstructures
(greenhouses, sheds, poultry pens etc), breaches of T&Cs, terminations
co-ordinated with legal services) to regain possession of plots, allotments
competitions, seasonal provision of toilets, site repairs & maintenance
(buildings,
gates & fences, paths, water supplies
etc)
1.3 The role has traditionally been very
hands on rather than process driven. With the latest reduction in resources it
is essential that processes are clarified and streamlined so that the role can
be minimised and managed as an administrative process only, as far as is
practically possible.
1.4 To enable this there will need to be
changes to existing processes, the introduction of new processes and changes to
the Terms & Conditions of Tenancy to fit with these.
The aim being to have consistently applied
Terms & Conditions across all tenancies,this will inevitably give little or
no room for interpretation and sensitive application due to the very limited
resources available.
1.5 With new, agreed, processes and
procedures in place there may be the potential to work more closely with the
Allotment Societies on those sites which have a society which represents the
significant majority of tenants. This could give more local‘ownership’ whilst
supporting a consistent approach across all the Council’s allotment
sites.
2.0
Harpers Lane Pilot Project
2.1 In 2009, following a PDG on the future
management of allotments, the then Executive Member (Councillor Bashir-Ismail)
agreed that a pilot exercise should be undertaken with the Harpers Lane
Allotments Society to explore the potential for self-management.
2.2 The Harpers Lane Allotments Society has
converted to ‘Harpers Lane Allotments Limited’, an Industrial and Provident
Society (a form of social enterprise co-operative).
2.3 As a Social Enterprise, the
Co-operative’s objectives are:
·
To operate the site without subsidy or
loss.
·
To maintain rents and charges at a level that
is affordable to a wide range of potential and existing plot-holders.
·
To provide a suitable environment and range
of support services for the growing of food.
·
To promote enterprise (either collective or
individual) amongst plot-holders (and other community stakeholders) to provide
income-generation opportunities which can be used to reduce rents and charges
and provide enhanced services.
·
To manage the site in the best interests of
plot-holders, neighbours, communities and the natural environment.
2.4 The Co-operative can access
grant-funding opportunities not available to the Council which will enable a
much needed financial injection into the site.
2.5 As a social enterprise the co-operative
is a non-profit distributing organization and any surpluses generated by its
activities will be available to be used for the benefit of plot-holders and the
development and maintenance of the site and its facilities.
2.6 The co-operative believes that by
operating the site through a co-operative it can:
·
Engender a greater spirit of community and
cohesiveness amongst plot-holders
·
Use the site more effectively to respond in
a more appropriate and flexible way to the needs and demands of the communities
surrounding the site
·
Use the site more effectively to make a
positive contribution to entrepreneurial and economic activity within the area
·
Use the site in a more effective and
environmentally sustainable manner in order to benefit wild-life
2.7 The ‘Operational Management’
arrangement has been in place since 1st April 2012,the currently agreed roles
are set out at Appendix A.
2.8 Officers recently met with
representatives of Harpers Lane Allotments to review the effectiveness of the
arrangement to date:
Whilst the Society has been successfully
operating the agreement there has been some breakdown in the communication of
administrative information with the Council and as a result the Council’s
waiting list and list of current tenancies was out of date. This has been
resolved and it is proposed that a new procedure for communication is put in
place as part of this review (see later)
Having a community plot on which
prospective new tenants (those near the top of the waiting list) can experience
what having an allotment is really like has proved very successful with a
number of people getting experience, some dropping out and a number helping
each other to prepare plots they have then taken on as tenants.
The society has maintained the site but
found that having no storage facilities for equipment on site has hampered
this.
The Society would like to seek funding for
improvements to the community
building and toilets but with no security
of tenure is finding obtaining grants difficult. The society has requested that
the Council consider leasing to Harpers Lane Allotments (via a Business
Tenancy) either the whole site or the area occupied by the buildings.
3.0 Option to roll out ‘Operational
Management’ arrangements to other sites
3.1 It is felt that the arrangement with
Harpers Lane is working well and, with some changes to the procedures and
processes to take account of minor problems and the reduction in the Council’s
resources, provides a template for similar arrangements with other sites which
have an effective Society in operation.
3.2 One of the key elements of that
template is proposed to be the establishment of a community plot on any site to
have operational management arrangements. Depending upon the size of the plot
and how it is to be managed there will need to be an agreement as to how many
people from the waiting list should be invited to participate at a time.
3.3 It also needs to be recognised that
there will be a number of sites which do not have an effective Society and
which will need to be managed entirely by the Council. The level of input
required will vary from site to site and it is proposed that, in reviewing the
management processes, procedures and the Terms & Conditions of Tenancy, a
variation in approach is developed depending upon whether sites are suitable
for rolling out Operational Management.
4.0 Areas of Service for Consideration
& proposals for process amendment
·
Waiting List (New applications &
waiting list management)
·
Involvement in the Community plot (sites
moving to operational management only)
·
Arranging new tenancies
·
Requests for structures, keeping of
livestock etc
·
Breaches of Tenancy Terms & Conditions
4.1
Waiting Lists
4.1.1 Current arrangement – enquiry taken
by phone or letter, entered on spreadsheet and revisited when plots become
vacant. Information can be 3+ years old and leads to much wasted time as people
have moved, no longer want a plot etc.
4.1.2 Proposal
– online application process with alternative of telephone or written
application, including via Society Secretaries.
Data, held on spreadsheet, to be refreshed
after 2 years by e-mail if possible. If no reply is received within 28 days the
name is removed from the waiting list. This refresh will be carried out between
April & September so that the waiting list is ready for the 1st October
tenancy renewal date and the subsequent 40 day payment failure and 30 day
Notice period. This timing will support January offers of new tenancies.
4.2
New Tenancies
4.2.1 Current arrangements – vary, with
some Society Secretaries having some involvement in contacting those on the
waiting list and assisting with the completion of paperwork. However,
inadequate communication has led to ‘lists’ not being accurate between sites
& Neighbourhood Services.
Keys for sites are issued by Neighbourhood
Services with the tenancy agreement for signing. A number of new tenants do not
return the signed agreement leading to records being incomplete or resources
being used chasing missing documentation.
4.2.2 Proposal
a) Sites with ‘Operational management’
agreements
Identify Plot to be used as Community Plot,
to be managed by the Society at a nil rental value.
Agree with the Society the number of people
to be on the community plot.
Let the Society Secretary have the contact
details for persons on the waiting list whose information is less than 2 years
old (subject to resolving Data Protection concerns). Refresh annually or sooner
if required.
Society Secretary to contact next on
waiting list when a vacancy on the
community plot arises and to advise
Neighbourhood Services of that action and the outcome.
When a plot is confirmed as vacant the
Society Secretary to assist the person already working on the community plot
who is next on the list to complete the necessary paperwork for a new tenancy.
Paperwork to be forwarded to Neighbourhood
Services so that a Tenancy
Agreement can be issued and invoice raised.
Keys to be issued by Society Secretary once
signed Tenancy Agreement
received by Neighbourhood Services and fee
paid.
b) Sites not having an operational
management agreement
Neighbourhood Services to contact next on
waiting list when plot vacant, allow loan of key for viewing of plot and
provide necessary paperwork for application for new tenancy within 10 days.
When paperwork provided, arrange issue of
Tenancy Agreement and invoice for fee. Key to be issued once signed Tenancy
Agreement received by
Neighbourhood Services and fee paid.
4.3 Requests
for structures:
4.3.1 Current arrangements - Application
made in writing to Horticultural Officer using detailed proforma &
criteria. Horticultural Officer makes decision against criteria, including site
visit, before granting or refusing permission. This can take up a significant
amount of time if there is disagreement. Applications for hens or rabbits on
none ‘livestock’ plots is covered by the application for the relevant
structure.
4.3.2 Proposal
a) Sites with ‘Operational management’
agreements
Tenant submits application to Site Society
for the erection of a structure and, if relevant, the keeping of hens or rabbits.
If the Society Committee considers that the
application fits the agreed criteria then the Society gives approval.
If the Society refuse the application and
the tenant does not accept this then the application should be referred to
Neighbourhood Services with detail as to the reason for refusal.
Neighbourhood Services make decision based
on information supplied against the criteria.
If the application is refused the tenant
may make a complaint which will be considered through the Council’s complaints
procedure
b) Sites not having an operational
management agreement
All tenants to be given a copy of the
criteria for structures and keeping hens & rabbits with a new tenancy
agreement
There will be a presumption that tenants
will follow the criteria
There will be a requirement for the tenant
to notify Neighbourhood Services if they are keeping hens or rabbits on a plot
(to assist in the management of any pest or disease issues)
Neighbourhood Services will only take
action if a breach of the criteria (i.e. breach of Tenancy Terms &
Conditions) is identified.
4.4 Breach
of tenancy
4.4.1 Current arrangements:
Information regarding an alleged breach in
relation to ‘failure to cultivate’ came to Horticultural Officer via Society
Secretary monthly report, other breaches of the Tenancy Agreement might also be
reported by the Society Secretary, other tenants or would be noticed on site
visits.
Site visited to confirm breach and then
letter sent giving deadline for
improvement.
Site re-visited and if breach not addressed
a ‘Notice of Re-entry’ is requested from Legal.
Notice of re-entry posted on site giving a
notification of re-entry a month later.
Site re-visited on due date and plot
entered onto to effect re-entry.
4.4.2 Proposal:
a) Sites with ‘Operational management’
agreements
Monthly inspection by Site Society
identifies likely breach of tenancy
Society contact tenant to request breach be
addressed
Next monthly inspection, if breach not
addressed then reported to
Neighbourhood Services via revised monthly
reporting system (with photos)
14 day Improvement Notice posted out by
Neighbourhood Services and Society advised.
If no improvement by next monthly
inspection, Society report again (with photos)
Notice of re-entry to be issued by Neighbourhood
Services utilising proforma developed by Legal Services
Notice of re-entry served by a Council
Officer or agent (photo)
If no contact possession taken on due date,
a Council Officer or agent to attend on site. (photo)
Treat plot as vacant
b) Sites not having an operational
management agreement:
No interim site visits unless potential
Health & Safety matter, otherwise
inspections in April/May & Oct/Nov
(photos)
Site inspection identifies breach of Terms
& conditions (photos)
14 day Improvement Notice posted out
If no improvement by next inspection (month
later)(photos)
Notice of re-entry to be issued by
Neighbourhood Services utilising proforma developed by Legal Services
Notice of re-entry served by a Council
Officer (photo)
If no contact, possession taken on due
date, a Council Officer to attend on site (photo)
Treat plot as vacant
5.0 Terms
& Conditions (Tenancy Agreement)
5.1 In order to facilitate some of the
procedure and process changes identified above it will be necessary to review
the Terms & Conditions of Tenancy. This will be considered further and
brought to the Executive Member for consideration in due course.
6.0 Routine
communication with Sites with operational management arrangements
6.1 If the roll out of such arrangements is
approved it is proposed that a letter of understanding be exchanged with the
Site Society which will include the roles and responsibilities and a series of
procedure/process notes covering the matters set out in this report will be
adopted
by both parties. It is anticipated that
Officers will meet annually with the Site Society to review the arrangements.
6.2 Day to day communication will be with
the Society Secretary by e-mail (a new Allotments e-mail address Allotments@bolton.gov.uk has been
created) and will utilise a new monthly communication form which is likely to
include information relating to:
Any requests to go on waiting list
Any plots in breach of T&Cs,
Any plots given up
Persons on community plot offered vacant
plots
New tenancy application forms
Persons on community plot who’ve left
Persons on waiting list contacted for
community plot & responses
Copy of approved application forms for
structures & livestock and any
recommendations for refusal if contested.
Neighbourhood Services will then:
Process any potential breaches of tenancy
(see 4.4 above)
Update waiting list
Take a view on refusals of structures &
livestock forms if contested (include appeals process in T&Cs, to use
Council complaints process)
Request Invoices from Accounts (as
appropriate)
Advise Accounts of changes of tenancies (as
appropriate)
Request new Tenancy Agreements from Legal
(as required)
Update tenancy records as appropriate
7.0 Association
of Bolton Allotment Societies
7.1 The Association of Bolton Allotment
Societies (ABAS) is a long standing association of many of the larger allotment
sites in Bolton. Although fairly inactive in recent years it has met with
officers and expressed an interest in facilitating consultation with the
Societies and with running the allotment
competitions which the Council will be
unable
to support in future. ABAS recently called a meeting of Society
Secretaries and tenants which was attended by approximately 80 people.
7.2 At a subsequent meeting with
representatives of ABAS support was given for the operational, process and
procedural changes.
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