[Thompson24]

Hi guys

I have recently took on a couple of allotments which is run by an allotment association under the local council.  Each allotment has a soak away trench going down them, as we are on the bank.  My alotment is at the bottom of the back and has two trenches running down the back and then one at the bottom of the garden. 

My question is, who is responsible for this.  Today I went down and was strimming the weeds back on one plot and went straight into a well (which i didnt know that was there and had been dug out buy the previous person.  I was only saved as the strimmer stopped me going right under! Im 6ft 3 and I still couldnt feel the bottom.  As I got rescued by a neighbour we were walking back to my car when i went under again! another trench! 

My question is, who would be responsible if someone was killed!  Would it be me as the plot holder, the association or the council?

I asked the secretary and he said you just have to make your own dranage and as my garden is at the bottom of the bank I will always get flooding unless I dig more trenchs!
The old fella in the neighbouring plot said years ago each plot had a soak away running down the bank and into a well, however over the years people have put hidden trenches everywhere?

can anyone advice?

[peterjf]

i would have thought that you had inspected the allotment plot before you signed up for it , either way you should ask the allotment committee , in turn they should ask the council on your behalf,

lets be carefull out there

[Rangerkris]

Im sure if you even mentioned this to the council they would get someone on the site within the hour.  I know if it was mentioned to my council that i work for they would be out.  Claims for something that could cause death through drowing would be a high risk assesment issue.    6ft 3 and only the strimmer stopped you where did the last tennat end up

Phone the council dont bother with the site secretary he dont sound to bothered.

[paintedlady]

by law the council are responsible for health & safety on their sites (you are a tenant and have certain rights to a safe environment) so anything which is potentially dangerous (including removal of asbestos!) that you inherited on your new plot is their problem.  Any accident as a result of their neglect can be pursued.  However, as a tenant, you have to abide by the agreement you signed which usually include health & safety matters such as maintaining the communal footpaths etc (it is normally written in a series "don't do this" and "you must do that" such as asking for permission before doing any major work or erecting things like sheds & greenhouses etc) and if you fail to comply, the council can automatically stop your tenancy and even charge you for repair of any damage that you may have caused on their property.  This should apply to private allotments as well but can be a bit of a grey area but I'm sure the law covers everybody.

[lacewing]

I dread to think what could be at the bottom of all these wells and trenches. Has there been any reports of missing kids in the area?, and lucky for 'Thompson 24' that he is over 6' tall. I can't beleive that these things were just left to become hidden without a warning notice of their existance, that is just plain irresponsible!

[Aunt Sally]

How are the trenches (and wells) "hidden" ?

[Thompson24]

Hi

Just came off the phone to the council and they said its up to the allotment association, and the allotment association said its up to me!

The trenches are what previous people have done and then been covered over by overgrowth etc so hence you cant see them, not only are they a potential huge hazzard, there also allowing the water to over flow onto my two plots and flood the access road to my garden.

There is quite a few old guys who have been on there about 20 years and all have told me different ideas as to where the water goes and how the trenches etc should be dug.

Im quite worred as I got the plots so we could have a family hobbie as im a foster carer and kids seem to like this sort of thing but there is no way I can take kids down there with this potential hazzard.

I did ask the council if they had any old plans of the gardens etc and they said no, they dont keep them as previous alotment holders would have changed them!

[Eatyourgreens]

Get a large stick, do a survey of your plots and when you find any wells, holes, ditches, fill them in.



Bob

[cAnAry53]

Please be sure before you involve the council,on the site of my allotment we have had a couple of visits by the council health & safety dept which has resulted in the demolition of at present 5 i admit delapidated sheds and also greenhouses to have glass covered with netting incase vandals should cut themselves(poor darlings). All this has resulted in some acrimonious mumbling by some senior plot holders,so be sure you may not be thanked for asking the council to check site safety.

[Thompson24]

I started to fill one of them in the other day and was immediately verbally attacked by a group of old fellas who said if i filled them in it would all back up to there garden and flood the site, hence trying to find a site plan as to what should be there and what shouldnt.  Obviously you can live with a well as that can be covered but 6ft deep trenches allover your plot aint practical or safe ;-)

[paintedlady]

Would reading this help, see chapter 5 ... ?

http://www.farmgarden.org.uk/ari/documents/plotholdersguide.pdf

[Beejay]

It is surprising that the council hasn't closed your plot as a health hazard. Put up barriers and put up warning notices, ' Not to be approached, keep 100 metres away'!

[Babstreefern]

And the farmers in Northern France doing the iron harvest think they've got it bad.

We have insurance cover on our allotment which covers accidents both to ourselves and the general public if they have a mishap - like the people living in the house at the back of my allotment - they jump over the fencing when their kids kick over their balls.  I've got something growing that will eventually stop them in their tracks - a lovely rambling rose that has the most vicious thorns imaginable.

Is it me, or do the Council never do anything until someone cuts a finger and claims start flowing in.

[Yorkie]

I think you may be being a little unfair to the council.

If the site is managed by the lotty association (particularly but not necessarily if it's self-managed) then the council doesn't automatically have responsibility.

They didn't supply the trench / well etc.

As a tenant, under occupiers' liability law you do indeed have some responsibility.

For example, on our site, if someone falls in the council-supplied water butts it's the council's joint responsibility, whereas if someone falls in my pond or one I inherited, it's my problem.