Date published: 2024-10-09 | Category: Bath, Delivering for local residents
A landowner has served notice on Bath & North East Somerset Council to vacate his land in Combe Down which has been an allotment site for more than 100 years.
Currently there are 64 allotments on the land which the council leases from the landowner.
Earlier this year the council had been given informal advance notice of the landowner’s intention to serve formal notice to terminate the council’s lease, but at that time no dates were given and the information was non-binding. Since then, discussions have been ongoing between the council and the landowner to ensure the council can remain in occupation, including the possibility of purchasing the site.
Now a solicitor’s letter from the landowner to the council says the council must vacate the land at Combe Down by November 30 2025. The council has informed allotment holders.
Councillor Tim Ball, Cabinet Member for Neighbourhoods, said: “This land has been used for allotments since 1894 and continues to be of significant social value for the community so this is a hugely disappointing decision. We have explored all options to save Combe Down Allotments and we are continuing to do so. This has included exploring any statutory acquisition powers for the site. We have also requested meetings with the landowner to understand why he wants the council to vacate the land. Unfortunately, all requests to meet have, to date, been declined through his solicitor.”
Earlier this year the council wrote to allotment holders setting out the complex legal situation, the progress that the council had made to date, its willingness to engage with the landowner and its commitment to remain on the site so that the long history of food-growing and allotments afforded to the community of Combe Down could continue.
Councillor Ball added: “We are in negotiations to purchase the land and the council is also exploring alternative sites. We will continue to work with the allotment holders but we have to be realistic. There is no specific timeframe over which the obligation for the provision of an alternative allotment site must be satisfied.”
However, following a successful nomination by a group of residents the council has added the site to its list of Assets of Community Value. The application - from the Unincorporated Friends of Combe Down Allotments - was assessed by the council and found to meet or exceed all criteria needed to be added to the list.
Although the owner of an Asset of Community Value (ACV) is free to sell to any buyer of their choice, they cannot dispose of it without notifying the council of an intended disposal. Once such notice is received the following periods begin to run:
- a six week ‘interim moratorium’ period in which community interest groups or any other buyers can submit a written request to the council to be treated as a potential bidder. The council must pass the request onto the landowner; and
- if the council does receive such a request, a six month ‘full moratorium’ period. This period is intended to give a group time to assemble a bid and, if successful, complete the purchase.
The ACV assessment for Combe Down allotments can be viewed on the list of Registered Assets of Community Value in Bath and North East Somerset which is managed and published by the council.
ENDS