my own Countdown

[donnakebab]

So in the mean time AP will the council be doing this?

Up here Local Authorities have to have their regulations for rent confirmed at Government level to give them legal force. Our Council hasn't done so and our Government in response to a parliamentary question has confirmed that local authorities are not entitled to collect rent using regulations that have nor been confirmed as above.

[Aberdeenplotter]

Yups. My objectives in this were to get an affordable rent, have future increases tied to a suitable index preferably the CPI because that excludes interest, for the Council to adhere strictly to the law in all respects with regard to allotments, and for the Council to make regulations and have them confirmed. That gives us the protection from a change in the political persuasion of the Council in future. It was a change of political persuasion of the Council in 2007 that led to 80% increases in 2008.

I had another meeting with the new leader of the Council this aft with the Finance Convenor present. They both assure me that they will sort it for me well before the next scheduled Court Hearing.

At the Court hearing yesterday, the City Solicitor propounded the view that there were special circumstances in Aberdeen as there had been no increases for several years(this is to try to get round the Harwood case . It was confirmed to me today that allotment rents in Aberdeen were reviewed annually as part of the Council budget. I'm getting a letter to that effect which I can lodge in Court. Things are looking up. I wish I had a couple of trees I could sling my hammock between.

[veggiechicken]

I wish I had a couple of trees I could sling my hammock between.

AP, take your pick of my trees - you deserve them after all you're going through

[Aberdeenplotter]

You know guys, although I don't want to be chicken counting just quite yet because this could well be a bit of shifting sand, The new Council Leader and the new Finance convenor were so positive yesterday that they will put things right that I think that this thing is on the cusp of being won. Just needs rubber stamping.

Putting things right to me means applying the principles enshrined in the Harwood case, i.e. that the increases applied to allotment holders should not unless there are very special circumstances exceed the level of increases applied to the users of the Council's other recreational services and facilities.

I'm not too bothered about pursuing the matter of Regulations in so far as that affects the past. It's the future that will be the worry but if the new Council follows through on it's commitment to make Regulations then that worry will be removed. Having Regulations in place means there can be no silly shenanigins in future and will help prevent us being used as political footballs. We will know where we stand as will the Council.

Stupid thing is that even with part of the worry removed, I still woke up in the middle of the night with this chuntering through my head.

Anways, Committee meeting of the Scottish Branch of the National Vegetable Society in Auchterarder this afternoon so weekly shop getting done ultra early otherwise part of our our Sunday will be spent doing that. Typical though, stopped raining and would have been a great day for the plot.

[veggiechicken]

I sincerely hope you're right AP and that you don't have to go through any more of the legal process to achieve your objectives. Don't lose sleep over it. Have a great weekend getting on with all the things your enjoy the most.

[Aberdeenplotter]

VC, your a doll. One of the Chickens I have been able to count on all the way through this . The support from the Forum has been amazing all the way through. I've been lifted when I've been down and I've been down a lot even although I've never throughout my life been a being down person. Usually super confident. I'm not going to thank folks yet, but I will do however the thing finally pans out when it pans out

[SarzWix]

Just catching up with this AP, and I must say it's looking promising for you, although I agree, no counting of chickens yet.

But I also wanted to thank you, on behalf of all other allotment holders and the members of the forum, for continually posting and updating us, and sharing all your research for others to make use of. It may well make a difference to lots of other plot holders fighting similar incursions on their rights by desperate councils, seeing that determination can pay off. x

[donnakebab]

You've earned a break AP. Have a lovely time at Auchderwotist. (Sounds German!)

Keep your friends close but keep your enemies closer.

[Peas'n'Kews]

Hope all goes well for you AP, and enjoy your wee trip to Auchterarder!

[Aberdeenplotter]

Right guys, Auchterarder was a good distraction. It's a lovely wee place, long narrow development with I think the longest high street in Scotland. Full of lovely wee eateries. We particularly like Cafe Kisa. Clean, friendly, nice menu prompt service. Just my cup of tea .

Anyways, progress - none. Don't want to push new Council in case I hack them off so leaving things to settle. Will have to do something closer to the new Court date but soft peddling for now.

However, things are getting done on our site. Council refused to obtemper(think that is the word) its absolute obligation to remove buildings on two adjacent plots which were not approved in terms of our allotments law. I used this failure in a counter claim. Funnily enough, the buildings have now been removed.

Also, a local transition group obtained funding from the Climate Challenge Fund(this may be a Scottish Fund) to remediate vacant allotments that had been allowed to deteriorate to the state of dereliction. The plots were indeed remediated using people on Community SErvice Orders but the plots couldn't be let as the surrounding trees (crow sown sycamores) - weeds had totally overgrown. The Council had initially agreed to cut back the tree canopy to allow light in but then balked at the cost and refused. The sycamores are now to be totally removed. Funny old world innit

[Feral007]

Very funny old world AB! Hope that things go well and easily. Sounds a little like they are trying to fix some of the things they have not bothered with so they don't look so bad when they back down.
Hope so anyways.

[Aberdeenplotter]

Should have said, recently obtained the minutes of the Council meeting at which plot rents were increased in February 2008. The only references in the minutes are the proposal to increase full plot rents to either £40 or £50 and the Higher increase was approved. No detail of the discussion or argument. By way of an FOI request I've asked for sight of any briefing notes issued to elected members so that I can determine why the rent was increased.

As above, full plot rents were increased to £50. No reference to half plots. Either half plots were not increased or they automatically should have become half the price of a full plot in the absence of any other decision by the Council. Tenants of half plots were subsequently charged £35. If we had been charged £25 we would have accepted it.(Grumbled like hell but accepted). Another foi request made asking how rent for half plots was set at £35 and for sight of minute of relevant committee which approved figure and also for sight of any briefing notes to elected members for that meeting.

[donnakebab]

Hope you get the answers. Should be interesting reading if there's actually anything to read!

[lottie dolly]

with sound of things,you got them between a rock and a hard place,well done for holding out your determination,he who laughs last and all that,

[Bigmallly]

Well done for sticking in there AP, many would have folded by now.