Bye Laws

Cubbington Allotments Terms

Cubbington Allotments Limited

Definitions:

Society: means the “Cubbington Allotments Limited” a Cooperative Society registered under the Co-operative and Community Benefit Societies Act

2014.

Site: Cubbington Allotments situated at Coventry Road Cubbington CV34 7UJ and Rugby Road Cubbington.

Plot: is an area of land so designated by the committee, allocated to a member.

Member: means a person who has attained 16 years of age, completed an application form to become a member, agrees to adhere to the rules of the Society and has been accepted to join the Society by the Committee. It is the responsibility of each member to keep the Society aware of their current; home address, which for the avoidance of doubt must not be a PO Box or a forwarding address, contact details including email address (if available) and phone number. Any member refusing to provide evidence to validate the contact information, within 21 days of an initial request for evidence, will have their membership terminated and access to the Site revoked.

Committee: means the Committee of Management of the Society, elected at the Annual General Meeting or otherwise appointed, in accordance with the Registered Rules of the Society. The Committee’s Structure will adhere to the FCA model rules as defined in sections 59-62 of the Society Rules.

The general management of the Society shall be vested solely in the Committee. Should any matters rise which are not specially provided for in any agreement for the time being in force between the Society and a member, or in the rules of the Society, the Committee shall have power to deal with such matters in the best interests of all the members, and members shall be bound by their decision.

The Committee will endeavour to work for the collectively best interests of the Society’s members.

Subscriptions: Members will be required to pay such annual subscription membership fees as may be determined by the Committee, typically agreed at the Annual General Meeting as part of the Treasurer’s report. Fees paid will entitle each member to cultivate a plot as defined in the Society rules.

Allotment Rules for members: -

Cultivation and use of Plots

The member agrees:

To cultivate the plot in such a manner to ensure its fertility is preserved, keep it tidy, free from weeds, rubbish and maintain it in a state of cultivation.
To cultivate 50% of the plot by the end of the first year of occupancy and 75% by the end of the second year, and continually thereafter. Unless otherwise agreed in writing with the committee. For the avoidance of doubt, the area of cultivation is based upon vegetation growth at ground level up to no higher than 1m. No cultivation should exceed 2.5m high. Areas designated for Chickens is not deemed as cultivated.
To use the plot for private and non-commercial purposes only. The majority of the plot to be focused on the cultivation of vegetables and fruit.
To use the plot in a responsible manner and to take such precautions to prevent any annoyance of or disturbance to members of adjoining plots, and all other members or the owners or residents of adjacent houses.
To keep that portion of the plot path and any roadway that is adjacent to the plot free of any obstruction (including parked vehicles), and to cut the grass and trim back the blackberries or other hedges.
All existing ditches must be kept free from debris and properly cleansed.
To keep borders and roads directly around the plot free from weeds and overgrowth, ensuring they are neat and tidy. (If it deemed necessary, the committee will treat and clear areas that are considered unsightly, and whilst reasonable precaution will be taken, no liability will be accepted for any contamination within a metre of any boundary).
To permit any officer of the Society or any person permitted by the Committee to enter upon the plot at all reasonable times for the purpose of inspecting same.
To take care to avoid annoyance to other members and neighbours.
To ensure the vehicles parked are in the places that have been agreed by the Society, and in such a manner not to exclude access to other plots.
To adhere to any terms passed on to the Society from the Site’s Landlords. Such terms will be made available to members without reasonable delay on receipt to the Society.

Erection of Sheds, Greenhouses and other structure

The member agrees not to erect any fence, shed or other structure on or near the plot without the prior approval of the committee and subject to its rules, and if requested, at the end of the tenancy, to remove any such structure without cost to the Society: -

The Committee gives its general approval to the erection of a single shed, single Polytunnel and a single greenhouse per plot, providing it is in accordance with these guidelines (see below) and the errection does not in any way obstruct or cause detriment to members on neighbouring plots or to the Society in pursuance of their general site maintenance responsibility. Any such structure must not cross any path between plots, even if the member has more than one plot. In any event the structure must be sited at least 300 mm (1 ft) from any adjacent path. The following are to be used as a guide: -

Sheds: Construction: Must be from timber or of proprietary manufacture

Base: May be timber or slabs – floated concrete is not permitted.

Maximum dimensions: 2.5 metres long by 2 metres wide and 2.5 metres high – external dimensions.

All buildings must be constructed of new or perfectly sound materials.

The use of the following materials is specifically prohibited;

Bricks or blocks (other than loose as a base)

Asbestos

Sheet metal or corrugated iron

Any building erected which is found upon inspection to be unsatisfactory or unsightly will be required to be removed.

Sheds may only be used to store tools, materials and other items which are directly related to the use of the plot. The final decision as to what is appropriate lies with the committee.

Greenhouses: A greenhouse may be erected (subject to the forgoing) to a maximum size of 3m by 2.5m.

Polytunnels: A polytunnel may be erected (subject to the forgoing) to a maximum size of 5m by 3m.

Other Structures: No building or structure (such as fruit cages, chicken coops) may be erected until an application has been made to the Committee and permission has been granted.

Where there is any dispute between members in relation to this rule the Committee’s, decision is final. The Society has the power to require a member to move or dismantle a building if these rules are not complied with.

Cutting and pruning of trees

The member agrees not to cut or prune trees or hedges which are on communal areas of the site or which form the parameter of the allotment site and which do not cover part of their plot without written approval of the Society. Trees which have a tree preservation order must not be touched under any circumstances.
All trees planted must not overhang other plots and should be pruned accordingly by the member, adjacent members are not permitted to prune trees on other plots. All trees that are planted must be kept under control and as a guide should not be allowed to grow higher than 2.5 metre.

Keeping of livestock, chickens and bees

The member agrees: -

The only livestock that might be reared and housed on site are chickens and bees.
Not to keep chickens and/or bees without the prior written approval by the Committee. The Committee will consider any reasonable requests of this kind on a case-by-case basis and before reaching a decision will consult any other member who in their view might be affected.
All chickens and bees kept on site are for non-commercial purposes only. As a guideline, any member housing more than 15 chickens on site, will be deemed as commercial.
All chickens and bees must be well cared for at all times. This includes adhering to all ongoing Defra requirements, the Site's Insurance Policy terms, Local and National Authorities laws and the Animal welfares Act 2006.
Keeping the Committee aware of current full contact details, including Home address with a 24-hour phone number in case of emergencies.
To making suitable arrangements for the care of the chickens or bees, whilst the owner is on holiday or away.
If in the opinion of the Committee, the chickens or bees are deemed to be unsanitary or causing a nuisance or being kept for commercial purposes, the Committee will first write to the member giving them 28 days’ notice to remedy the situation. If the situation is not resolved to the satisfaction of the Committee the members membership may be terminated.

Dogs on Site

The member agrees: -

Not to bring any dogs onto the allotment site unless they are kept under control and preferably with a lead and they are to be properly tethered or restricted from wandering around other plots at all times. Dogs must never be kept in cars whilst on site. Dog fouling must be cleaned up.

Children

Children are welcome on the Site but must be carefully supervised by a responsible adult at all times. The Society takes no responsibility for the safety of any child whatsoever.

Fires

Fires are discouraged except for the burning of diseased plant materials. You are encouraged to compost other materials to improve fertility and biodiversity.

The following guidelines should be considered by members if a fire is necessary so that a nuisance to members of the public or other members are avoided:

If they are on site, let your neighbouring members know when you’re going to light it and where it is.
Avoid lighting in unsuitable weather conditions. Smoke hangs in the air on damp, still days and in the evening.
Avoid burning when the wind will carry the smoke over roads or into another people’s property.
Only burn dry material.
Never burn household rubbish, rubber or anything containing plastic, foam or paint.
Never use old engine oil, methylated spirits or petrol to light the fire or to encourage it.
Never leave the fire unattended or leave it to smoulder.
Adhere to the Warwick Council’s guidelines on bonfires and fires.
Fires of any type are not permitted between April 1st and September 31st each year.

Site security

The member agrees: -

To gain access to the allotment site by the authorised means only and not make any other means of access to or exit from the allotment site without the written permission of the Society.
To keep locked all access gates to the allotment site except on entry or exit.
To challenge anyone trying to enter the site that is not a familiar current member.

General Provisions

The member agrees: -

Not to erect or display any advertisement of any kind on or near the allotment or anywhere else on the allotment site.
Not to assign sub-let or part with the possession of the allotment or any part of it.
Not to use barbed or razor wire anywhere on the site.
Not to take, sell, carry away or permit to be taken any timber, mineral, gravel, sand, clay, turf or soil supplied by the Society, unless approved in writing by the Committee.
Not to store anywhere on the allotment or site any explosives, large quantities of inflammable material or liquids or any other noxious substances.
Not to use corrugated steel as part of a building or a fence.
Not to carry out any work or alteration to any part of any water, electrical or gas installations on the allotment site without written permission from the Society.
To collect and store rainwater where possible in suitable containers.
To notify, the committee of any issues they feel need attention. Such notifications should be given in a timely manner. As a guide 7 days.
To observe or perform any conditions which the Society may from time to time approve or consider necessary for preserving the site from deterioration and of which notice to the member is given in accordance with this agreement.

Issue Resolution and termination of Society Membership

If a member fails to observe any of the conditions relating to membership of the Society, the following process will be followed as applicable:

The Committee will first write to the member giving them no more than 28 days’ notice to resolve the issue or breach of the terms. At the sole discretion of the Committee the period to resolve an issue may by deemed to be less than 28 day's. The period to resolve an issue will be relayed to the member.
The member may appeal in writing to the Society Secretary within 14 days of the date of the warning letter. The Committee may in exceptional circumstances extend the period allowed to resolve the issue or breach.
At the end of the notice period if, in the view of the Committee, the issue or breach has not been resolved or a resolution plan not agreed, the members membership will be terminated. Requiring the member to clear their plot in a time frame determined by the committee, typically 7 days.
If a plot is vacated for any reason, it must be cleared. Clearing a plot would require the removal of everything back to a condition where it only contains vegetation. If a plot is not cleared, the Committee will have no option but to arrange clearance back to a condition to re-let. All associated costs will be chargeable at the committee’s discretion.