Agenda item

Report of Overview and Scrutiny.

(Cabinet Member with Special Responsibility Councillor Archer)

 

(It was noted that Councillor Barry had previously declared a personal and prejudicial interest in the following item as an allotment holder. Councillor Barry left the meeting prior to consideration of this item).

 

Overview and Scrutiny submitted a report seeking Cabinet’s support for the recommendations of the Allotments Task Group regarding future management arrangements for allotments.

 

The Task Group’s options, options analysis, including risk assessment were set out in the report as follows:

 

1.      Option 1- Status quo

 

	Pro	Con
Allotment associations	·         No change from current arrangements	·         Unsustainable   (see study)
Council	·         No change from current arrangements	·         Unsustainable   (see study)

 

2.      Option 2- Responsibility for management of allotments returns to the Council

 

	Pro	Con
Allotment associations	·         Relieves allotment associations of a long list of duties	·         Allotment associations have been used to self management ·         Could result in increased costs for plots
Council		·         Using example of Preston would require additional revenue of around £30,000 to fund an allotments officer post ·         Best practice is to devolve management of allotments

 

Option 3a - Partnership with Council (Peppercorn rent)

 

Partnership

 

Council

 

·         Capital to improve basic infrastructure at allotment sites (initially 5 year programme is recommended).

·         Strategic oversight of allotments

·         Agreement with allotment associations as to priorities for officer time allocated to allotments

·         Allotment sites provided at peppercorn rent to allotment associations

·         Provides support in practical ways (e.g., insurance, access to compost, grass cutting, waste management etc)

·         Review infrastructure needs on an annual basis and feed into capital programme

 

Allotment associations

 

·         Self manage allotment sites on a day to day basis

·         Seek external funding opportunities for their allotment sites

·         Continue to contribute to Council priorities

 

Association of Lancaster and Morecambe Allotments Association (ALMA)

 

·         Represent allotment associations when dealing with Council

·         Seek external funding for allotment development

 

	Pro	Con
Allotment associations	·         Continue to self manage allotments ·         Will continue to charge same level of rent to plot holders but will have a far greater amount to spend on day to day management and admin of the allotment site ·         Site infrastructure will be improved at the sites that need it which will encourage demand ·         Increased investment will raise morale of allotment association volunteers ·         Officer time utilised in way that meets agreed needs ·         Capital investment by Council may help attract some external funding	·         No guarantee that this model would encourage the participation of plot holders in wider site management issues
Council	·         Management and administration of allotments is devolved to associations ·         Officer time utilised in way that meets agreed needs ·         Increased capital and revenue requirement is still an invest to save option when compared with costs of directly managing allotments ·         Capital funding by Council may help attract external capital funding	·         Need for capital investment in region of £80,000 over next 5 years ·         Reduction in revenue income ·         Existing Council policy would require amending to reflect the letting of the land at an amount which is less than market value

 

3.      Option 3b - Partnership with Council (market rent)

 

Partnership

 

Council

 

·         Capital to improve basic infrastructure at allotment sites (initially a 5 year programme is recommended).

·         Agreement with allotment associations as to priorities for officer time allocated to allotments

·         Strategic oversight of allotments

·         Allotment sites provided at market rent to allotment associations

·         Provides support in practical ways (e.g., insurance, access to compost, grass cutting, waste management etc)

·         Review infrastructure needs on an annual basis and feed into capital programme

 

Allotment associations

 

·         Self manage allotment sites on a day to day basis

·         Seek external funding opportunities for their allotment sites

·         Continue to contribute to Council priorities

 

ALMA

·         Represent allotment associations when dealing with Council

·         Gain registration as an environmental body

·         Seek external funding for allotment development

 

	Pro	Con
Allotment associations	·         Continue to self manage allotments ·         Site infrastructure will be improved at the sites that need it which will encourage demand ·         Increased investment will raise morale of allotment association volunteers ·         Officer time utilised in way that meets agreed needs ·         Capital investment by Council may help attract some external funding	·         No guarantee that this model would encourage the participation of plot holders in wider site management issues. ·         Will still only have same amount to spend on day to day maintenance and admin.
Council	·         Management and administration of allotments is devolved to associations ·         Officer time utilised in way that meets agreed needs ·         Increased capital and revenue requirement still represent an invest to save option when compared with costs of directly managing allotments ·         No loss of income from allotments ·         Capital funding by Council may help attract external capital funding ·         This would be in line with existing Council policy on the letting of assets at market value	·         Need for capital investment in region of £80,000 over next 5 years ·         Revenue investment insufficient to meet need ·         Some allotment associations are struggling with resources for day to day maintenance and this proposal will not encourage self management.

 

Task Group Preferred Option (and comments)

 

The Task Group recommends to Cabinet that Option 3A is adopted by the Cabinet as the Council’s future approach to the management of allotments. (Task group 10 September Min No. 5 refers). In doing so it recognises that the provision and use of allotments by local people supports many of the Council’s Corporate Plan objectives and that the proposed change in these arrangements would support the Councils position to view allotments as essential community resources, not simply as property assets. In addition, it recognises that the Council policy on lettings at less than market value will require amendment

 

There is existing staffing capacity both to manage the capital programme and continue ongoing liaison with both ALMA and the allotment associations.

 

Officer comments were set out in the report as follows:

 

Relationship to Policy Framework:

 

Supports Councils Corporate Plan objectives:

 

§         To provide value for money customer focused services.

§         To make the district a cleaner and healthier place.

§         To support sustainable communities.

To ensure local communities have more influence and involvement in the way services are delivered and decision that affect them are made.

 

Conclusion of Impact Assessment:

 

Growing of local good and the promotion of allotments as community resources impacts upon sustainability, health and community cohesion.

 

Financial Implications:

 

The preferred recommendation, if adopted, would potentially add an additional £80,000 over 5 years to the Council’s capital programme and if approved a bid would need to be submitted as part of the process for the 2009/10 Capital Programme.

 

There is currently a forecasted amount of £10,500 for rental income for Allotments in 2009/10. If the recommendations are approved and only a peppercorn rent charged in the future this reduction in income will need to be built into the estimates as part of the 2009/10 budget process.

 

Section 151 Officer:

 

Any potential growth should be considered in context of Cabinet’s proposed priorities/non-priorities and alongside other competing demands, as part of the 2009/10 budget process.

 

Legal Implications:

 

Legal Services would be required to develop new lease arrangement for allotments should the recommendations be adopted.

 

Monitoring Officer’s Comments:

 

Section 10 of the Allotments Act 1950 provides that land let by a Council for use as an allotment shall be let at such rent as a tenant may reasonably be expected to pay for the land if let for such use on the terms (other than terms as to rent) on which it is in fact let.  The section further provides that land may be let by a Council to a person at a less rent if the Council is satisfied that there exist special circumstances affecting that person which render it proper for it to let the land to him at a less rate.  This suggests that a judgement should be made in respect of each tenant, and it is arguable that a blanket policy for the Council to let all allotments at a peppercorn rent, even to allotment associations, would not be lawful.  However, the Act does not appear to recognise the possibility of a Council letting to an association rather than direct to an allotment plot holder, and this may account for the wording of the legislation.  

 

The Monitoring Officer would reiterate that any proposals must be consistent with the Council’s Budget and Policy Framework for 2009/10.

 

It was moved by Councillor Mace and seconded by Councillor Charles:-

 

“(1)      That Cabinet recognises that the proposals set out in this report have manpower and financial implications and that these are brought forward in terms of the budget and policy framework proposals for 2010/11” 

 

Members then voted as follows:-

 

Resolved:-

 

(8 Members (Councillors Archer, Blamire, Bryning, Burns, Charles, Gilbert, Kerr and Mace) voted in favour, and 1 Member (Councillor Fletcher) abstained.

 

(1)     That Cabinet recognises that the proposals set out in this report have manpower and financial implications and that these are brought forward in terms of the budget and policy framework proposals for 2010/11.

 

Officers responsible for effecting the decision:

 

Corporate Director (Finance and Performance)

Head of Corporate Strategy

 

Reasons for making the decision:

 

The decision is made in recognition of the resource implications and in light of the earlier resolution regarding the Medium Term Financial Strategy (Minute 81 refers).

 

(Councillor Barry returned to the meeting).