Minutes of ABAS Meeting 14.04.2014

Astley Bridge Cricket Club

There were 27 delegates present from 14 sites

The Chair opened the meeting and welcomed everyone

The Assistant Secretary presented the minutes of the last meeting and the matters arising.

He confirmed that the Council will only release waiting lists to those which adopt an OMA. On the question of subsidies he read out a statement by the Executive which will also be posted on the ABAS blogsite. The Executive will not be pursuing this matter with the Council at this time.

The New ABAS constitution was presented at the meeting, and with some minor amendments was adopted. Motion proposed by R Maginn (Sapling Rd.) and seconded by M Smith (Florence Avenue). Copies will be provided to secretaries of all member societies as soon as soon as possible.

It was proposed that ABAS form a sub-group of those sites which intend to take up an OMA. Interested groups are invited to contact the association and a decision as to whether to have a sub-group or to continue with these issues at full meetings will be discussed at a later date. There was also a suggestion that ABAS take on the former Allotments Officer role as ‘surrogate’ secretary for some of the smaller sites. This too was tabled for discussion at a later date if members are interested.

ABAS is to take over the running of the Fairhurst Trophy, the Greenhalgh Trophy, and the New Tenants Trophy from the Council. ABAS is also reintroducing the Rose Bowl for ‘Best Site’. Entry Forms are available either from Terry Farrell 0786 393 3064 or from boltonallotments2014@yahoo.co.uk.

Any Other Business

Most items had been fully discussed during the evening so there were few questions.

R Magin (Sapling Rd.) said that Avondale Rd had not known about ABAS until he mentioned it to them. Terry Farrell said that he and Jeff Gibson had now visited most of the larger sites and they were now hoping to visit small sites ABAS membership.

Florence Avenue reported that they were meeting Malcolm Russell to discuss an OMA.

They are also holding a Spring Sale on May18th.

It was reported that Terry and Jeff have again visited Cemetery Rd to see what progress has been made on the Cemetery all. They were pleased to see that good progress had been made and that work was well advanced. They will visit again in the near future.

Following the meeting Terry Farrell distributed competition forms to those societies represented at the meeting.

The next meeting will take place on Monday 12^th May 2014 at Astley Bridge Cricket Club. (8.00 p.m. start).

If any member association has matters for that meeting please contact boltonallotments2014@yahoo.co.uk or telephone the Assistant Secretary on 07767 220391

 

MATTERS RELATING TO A BALANCED ALLOTMENT BUDGET AND TO SUBSIDIES FOR ALLOTMENT PROVISION

ABAS STATEMENT RE: “SUBSIDIES”

As part of his presentation on 12.02.2014 Malcolm Russell (Bolton MBC) said that the Council had set a balanced budget for allotment provision - essentially expenditure on the sites (in total) will equal the sums raised in rent (in total) - the two major heads of expenditure are the provision of mains water and the provision (to a number of sites) of portable toilets for 26 weeks each year

It was suggested that this meant that the Council was not 'subsidising' the allotments to the same extent as it was subsidising other leisure activities, and that this was incorrect in law as set out through the 'Reigate and Banstead' case.

The Association was urged to challenge the Council on this matter and to ask for the reinstatement of the previous level of subsidy. The Association agreed to take advice on the matter.

The following is the Association’s response to the suggetsion which is based on advice from the National Allotment Society’s legal advisor (Liz Bunting) and discussions with Council representatives.

 

1.     All parties accept

a)     That the Reigate and Banstead case defined allotments as a leisure activity

b)    That the Reigate and Banstead case said that allotments were entitled to a subsidy

 

2.     The Council (and to an extent Ms Bunting) believe that the Reigate and Banstead case is primarily relevant to the RENTS being proposed.

 

3.     Ms Bunting points out that in the Reigate and Banstead case Counsel’s opinion was that a Local Authority would be in  error if, in setting allotment rents, the LA decided to INCREASE RENTS by a percentage which was disproportionally greater than the percentage by which the LA had increased, or proposed to increase, charges for other recreational activities (e.g. Bowling.)

 

4.     Ms. Bunting further points out that (based on both Reigate and Banstead and section 10(1) of the Allotments Act 1950) NAS Policy statement Rent/Dec13/VI states that in setting rents (essentially proposing increases) a Local Authority should take into account some 11 other factors, chief amongst which are:

a)     The rise relative to inflation - it should be noted that the Council's proposed rent increases have been in line with inflation

b)    That the authority is not seeking to make a profit from renting allotments - the Council has proposed a 'balanced budget' with rents covering the direct costs of allotment provision - but the Council is justified in expecting plot-holders to defray the costs of administering allotments

c)     The long term financial sustainability of the allotments provision (which may take into account the support of voluntary bodies etc.) - the proposed OMA system addresses this issue

 

5.     When we move from rent increases to subsidy reductions we move into a new area which may or may not be covered by current case law.

 

6.     Calculating subsidies takes us into technical areas regarding the apportionment of central administration charges within the Council.

 

7.     The likely outcome of a challenge would be (as evidenced in Mr Russell’s earlier reply to the individual raising the points ) that the Council would hold that the current ‘balanced budget’ refers to operational (direct) costs only and that the costs of  associated staff and management time represent a considerable subsidy to allotment provision (see the second part of 4b)

 

8.    The proposer had stated that he wished the subsidy money to be spent on the reinstatement of a part-time Allotments Officer.  The ABAS Executive considers that there are more effective ways of spending such sums than that and urges sites to consider the OMA system as an alternative. The Executive does however believe that savings to the Council through the operation of the OM A system and other cost cutting initiatives by individual sites must be fairly shared with the allotments community.

 

9.     At the heart of many of of the grievances aired is the question of what service the Council proposes to provide and what service plot-holders expect the Council to provide to sites and plot-holders. The expected level of service should be defined in our Tenancy Agreements and in the OMAs we sign up to. Therefore ABAS should direct its efforts to gaining a clearer definition as to what plot-holders are entitled under both current Tenancy Agreements and any new OMAs

10. The Executive wish to thank Mr G Hamer for the information he has provided on this subject.

 

 

 

INFORMATION BOARD 16/04/2014

ALLOTMENT COMPETITIONS

Please note that nominations for entrants into the Fairhurst and Greenhalgh Trophies and the Best New Entrant's Trophy together with the ABAS Rosebowl for 'Best Site' are now open.

Forms may be obtained by telephoning Terry Farell on 0786 3933 064 or by emailing boltonallotments2014@yahoo.co.uk

The closing date for nominations is May 16th.

ALLOTMENTS EVENTS

Many Site Societies hold Annual Fairs, Open Days and Shows and other events (fundraising and otherwise) on their sites.

We'd like to publish a central list and promote these events.

If your Society / Site is planning an event please tell us via:-

boltonallotments2014@yahoo.co.uk

PLANT SALE

There will be a sale of plants at FLORENCE AVENUE Allotments Site on SUNDAY 18th MAY.

AGENDA 14.04.2014

ABAS OPEN MEETING – 14^th April 2014 to be held at Astley Bridge Cricket Club starting 8.00 p.m.

AGENDA

1. Minutes of 12.03.2014 (posted on http://www.abas2014.blogspot.co.uk )
2. Matters Arising from 12.03.2014
3. ABAS membership

Numbers to date

Information Site – http://www.abas2014.blogspot.co.uk

Benefits of Membership

Defined relationship / channel of communication with the Council

Sourcing supplies

Applying for grants

Etc.

Need for commitment / distribution of membership forms

 

4. Confirmation of the new ABAS Constitution

Draft on http://www.abas2014.blogspot.co.uk

Amendments agreed at the Executive Meeting on 07.04.2014

(Voting and amendments will be restricted to those societies in membership of ABAS)

 

5. Establishing a sub-group of those sites / societies interested in having an Operational Management Agreement (OMA) with the Council. (If passed the Constitution allows the formation of this and other sub-groups, some groups might be interested in establishing a similar group for sites which feel unable to take on OMAs)

 

6. The Annual Allotments Competitions

ABAS will be managing the annual competitions for the Fairhurst Trophy, the Greenhalgh Trophy and the Best New Tenants Trophy as well as re-introducing the ABAS Rosebowl for the “Best Site”. The first three competitions are OPEN to all plot-holders on sites within Bolton. The Rosebowl is restricted to sites which have societies in membership of ABAS.Full rules etc. will be posted on http://www.abas2014.blogspot.co.uk following the meeting on 14/04/14

7.       Any other business

8.       Date and Venue of next meeting