Just trees plot - judge to decide

[alldigging]

Judge to decide on future of allotment - Local News - Hastings and St. Leonards Observer

The 61-year-old took on his plot at Bembrook Road allotments in 2007 but decided to only grow fruit trees instead of traditional vegetables.

Mr Rock has vowed to take his case to the European Court of Human Rights.

Speaking outside court on Tuesday he said: “I am just fighting for my right to grow fruit trees.

“I could do with some help though. If there are any solicitors or barristers who would take my case on a pro-bono basis.

[Nicos]

On our first site ( council owned) one guy had a plot of fruit trees and fruit bushes- plus 3 or 4 beehives.

Not quite the same- but a very productive plot!!

[Thelma Sanders]

To be honest - I don't think that plot is sufficiently cultivated!

The trees are still so small that there is plenty of room to grow veg, strawberries and rhubarb in between - then he wouldn't lose it
It wouldn't be too much work - but it looks as if he'd rather not do any..............

[bearded bloke]

Sorry low to no sympathy here,he took the plot on in 2007 in the agreement of 75% cultivation & to date he has 11 fruit trees planted,how hard would it be to cut a few veg patches in between those saplings to placate the council,he has had 5 years to be a bit more productive & save himself a whole load of grief.

[bearded bloke]

Snap Thelma I must learn to type faster

[WendyC]

Agree with above. What is the point of an allotment that you are not going to cultivate? I'd be a bit cross if I was on that site's waiting list.

[Likac66]

I agree - what a waste. There would be lots of things he could grow inbetween and those trees do not look 5yrs old. No sympathy here.

[Darwin.]

I thought people could do what ever they wanted with their allotment, I didn't know there were many rules at all.

I agree that those trees definitely don't look 5 years old.

[Aberdeenplotter]

situation is clear in Scotland. Allotments are provided for production of vegetables to be consumed by the allotment holder and his family. A local authority can restrict what an allotment holder may grow by agreement in the lease or by making regulations which if made must be confirmed at government level otherwise they have no force.

Having said that, there is provision in our allotment law that allows allotment holders to remove fruit trees so they are possible if permitted.

[bearded bloke]

When this guy signed his lease agreement there was a 75% cultivation within 2 years clause in force,so I would say he deserves to loose it on that point alone.

[WendyC]

I thought people could do what ever they wanted with their allotment, I didn't know there were many rules at all.

All tenancy agreements are different, worth reading it before you sign it, which this chap doesn't appear to have done.

[Aberdeenplotter]

Perhaps he did.If you read the article from the link on the OP you will see that the Council has proposed a new agreement so the original may allow him to grow his trees. He seems to have refused to accept the proposed new agreement.

[bearded bloke]

I doubt there would be a problem growing trees AP,more likely ...

Hastings Borough Council decided to repossess his plot over alleged breaches of the rules.

The authority argued that 75 per cent of the plot should be cultivated within two years of its uptake...


would be interesting to know if his argument is that when fully grown the collective canopy would encompass that percentage of his 250 square metre plot.

[Aberdeenplotter]

The devil will be in the detail

[Darwin.]

It's a lot of trees for such a small area, they'll cover the entire thing when fully grown.