Parking near allotment

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sospan

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Parking near allotment
« on: June 19, 2019, 19:59 »
Well this is another interesting problem.

We have a local authority allotment site in a built up area. See picture below The access road to plot is quite wide and has no houses on it but has a garage at one end near the gates.

Even though there is no dropped curb and there is plenty of room for him to manoeuvre in and out, the owner of the garage keeps on complaining to the council about the allotment attendees allegedly blocking access to his garage.

The council has now threatened unless we park elsewhere (and cause problems for other residents) we will have our tenancies terminated. We have  also pointed out to the council that around a third of the plot holders have "blue badges" which should be taken into account. The Coucils representative said that they are not obliged to provide parking or even make it accessible.

Anybody got any thoughts, suggestions, comments, advice ?

 

Picture1.png

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Aidy

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Re: Parking near allotment
« Reply #1 on: June 19, 2019, 20:22 »
First thought...

Cancel your tenancy and sell the land to a developer!
That will probably make the grumpy one even more grumpy and wish they kept their mouth shut  :lol:
Edit: Is the road unadopted? If so the council may not have the power and worth checking the legal aspect of the threat. Just a thought.
« Last Edit: June 19, 2019, 20:24 by Aidy »
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sospan

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Re: Parking near allotment
« Reply #2 on: June 19, 2019, 20:26 »
We did think about putting up a joking planning notice for something like a pig farm or waste recycling

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erikaz1

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Re: Parking near allotment
« Reply #3 on: June 20, 2019, 14:37 »
There are probably several things to consider. Importantly, who owns the road? Is it a public highway or is it privately owned land? How long have the allotments been there, and how long (assuming the same) has parking been the 'norm' there? If it is a public highway, are there any parking restrictions in place?

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jaydig

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Re: Parking near allotment
« Reply #4 on: June 20, 2019, 14:39 »
I would say that if it is a public highway, and there are no parking restrictions on it, then you are fully entitled to park - obviously ensuring that the "gentleman" has access in and out of his garage.

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sospan

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Re: Parking near allotment
« Reply #5 on: June 20, 2019, 15:49 »
There are probably several things to consider. Importantly, who owns the road? Is it a public highway or is it privately owned land? How long have the allotments been there, and how long (assuming the same) has parking been the 'norm' there? If it is a public highway, are there any parking restrictions in place?

It is a council owned road. I grew up in the area and I am nearly 60 and they were there well before I was born. They go back before WW2.

No parking restrictions

As you can see from the picture below there isn't even a proper drive way, dropped curb and they have to drive across a grass verge.

curb.PNG

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sospan

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Re: Parking near allotment
« Reply #6 on: June 20, 2019, 16:03 »
I would say that if it is a public highway, and there are no parking restrictions on it, then you are fully entitled to park - obviously ensuring that the "gentleman" has access in and out of his garage.

He is certainly not a gentleman - he refers to the plot holders as "hippies"   :D

This is what we don't understand, there is plenty of room for him to use his garage as the road is over 10m wide and with a car parked opposite there is still more than a cars length across the road.

If there was an genuine problem with access then we would understand, what he wants is nobody to park in the street at all for whatever reason

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Aunt Sally

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Re: Parking near allotment
« Reply #7 on: June 20, 2019, 16:20 »
The majority of council allotments are "Statuary" allotments rather than temporary allotments.

You cannot be evicted from your statuary allotment plot unless you have broken your tenancy agreement.

Is there anything in your agreement about parking ?
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jaydig

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Re: Parking near allotment
« Reply #8 on: June 20, 2019, 16:27 »
You will also find that a lot of local councils - ours included - cave in to even just one complaint because they can't be bothered to deal with it in the proper manner.  If you and your fellow allotmenteers submit a strongly worded objection to this out of hand decision, you will probably find that the council will reverse the decision, especially if you can demonstrate that there decision is unlawful.
If the road is a public one, and there are no parking restrictions, then it is outside of the remit of the council to apply any, as anyone is entitled to park there.

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JayG

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Re: Parking near allotment
« Reply #9 on: June 20, 2019, 16:35 »
Don't think he's got any legal right to protest given that technically he does not actually have a drive (i.e. with a dropped kerb.)
My understanding is that anyone could legally park right in front of his house, although I don't think that would be a good idea in this particular situation!  ;)

Based on what you say I suspect the council responded without a great deal of consideration of the facts, and Mr. Awkward needs reminding of his (lack of) legal rights.

(There are some peculiarities in the law though - technically you could receive a parking fine for blocking your own drive  :ohmy:, and it's not technically illegal for someone else to park their car on your drive - council can do nothing as the vehicle is on private land which is outside their jurisdiction.)
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sospan

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Re: Parking near allotment
« Reply #10 on: June 20, 2019, 18:04 »
Thanks for all the responses much appreciated

Anybody have any knowledge or experience on the councils obligations to make allotments "accessible"  Which after chatting to several plot holders is an issue.  At least a third of the plot holders have a disability which is part of the parking issue. We also don't have defined paths between the plots, many are uneven mixes of grass and mud with bumps and divots.  Let alone the necessities of a toilet !

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TonyB.

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Re: Parking near allotment
« Reply #11 on: June 20, 2019, 18:41 »
I am sure under the disabilities act the council MUST provide disabled access to all of their facilities.

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jaydig

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Re: Parking near allotment
« Reply #12 on: June 20, 2019, 19:26 »
The Law of Allotments 5th Edition states:-
"Obviously any allotment tenant must have a proper means of access to his allotment, for himself and his necessary equipment.  If the allotment adjoins a highway there will normally be an existing gate, but the making of a new entrance onto a highway will amount to development for the purposes of the Town and Country Planning Act 1990, and so need planning permission.  The tenancy agreement should include, preferably expressly a right to use the existing paths between other plots so as to enable a tenant to reach his own allotment, and there should be a similar right across any intervening land belonging to some person other than the allotment landlord, between the allotment land and a convenient highway."
I think there would also possibly be some reference to right of access in Disability Rights law.

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grinling

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Re: Parking near allotment
« Reply #13 on: June 20, 2019, 20:43 »
Googled your site, it does not look like a road but a right of way which goes behind the houses. How many garages open onto the road? More than one person might have complained.
I would ask the council about this road.
Are all the allotments taken at your site or could the ones nearest the entrance move to another area and that area be turned over for parking.
The council might be able to put a disabled bay or 2 in, but there still be no parking for others.

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sospan

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Re: Parking near allotment
« Reply #14 on: June 20, 2019, 22:01 »
Googled your site, it does not look like a road but a right of way which goes behind the houses. How many garages open onto the road? More than one person might have complained.
I would ask the council about this road.
Are all the allotments taken at your site or could the ones nearest the entrance move to another area and that area be turned over for parking.
The council might be able to put a disabled bay or 2 in, but there still be no parking for others.

Only 1 has complained and he has the only garage which opens to the access road. We have a lane that runs the length of the site which has lots of garages opening onto the lane. They don't have a problem. Indeed a couple of plot holders make use of the ramp to one particular garage and park there. If they guy needs access they move the car then when he has finished put it back.

All the plots are taken at the moment.

The problem is the Council won't invest ( austerity cuts) in the site. E.g  the site was insecure with big holes in the boundary planting and the chain link fencing was the same. So I stitched and restrung the fence and repaired the gaps in the other boundary by laying the bushes, replanting and fitting some Heras fence panels I had. So the chances of them doing anything significant is quite slim

Well they did provide a skip for rubbish this year but that was because there were several new plot holders and they had to clear the debris of the previous occupiers.

Hence the frustration, we are trying to improve the site but no support



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