Save Jim's allotment

Jim Harvey, a 76 year old resident of Buckland Brewer in Devon, has been threatened with notice to quit his allotment by Buckland Brewer parish council.

Jim has tended his allotment for seven years and has taken on two others, when asked to by the council, so that these did not revert to wilderness.

In 2007, Jim applied to the council to erect a polytunnel to help him supply his extended family with organic produce throughout the year. Even though planning permission was not required, the council refused Jim’s request and, at the time, gave no reasons for its decision.

Later in the year, Jim erected a polythene covered greenhouse. In response, the council demand that he remove the ‘unauthorised structure’. Yet, the greenhouse did not require planning permission nor did the council have powers to regulate the erection of ‘structures’ on the allotments. This is because neither Jim nor any other allotmenteer had signed a tenancy agreement specifying terms and conditions.

Jim has refused to comply with the council’s demand, because it had no power to make such a demand.

Effective 1 March 2008, the council imposed terms and conditions on allotment holders, including a requirement to seek permission to erect ‘structures’. As the term ‘structure’ is not defined, it could, in theory, mean beanpoles, cold frames or scarecrows. But, the transparent aim was to get Jim to remove his greenhouse.

The council is now attempting to use the new tenancy agreement retrospectively to evict Jim and voted to serve notice to quit.