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Notice served on Bath allotment holders following landlord decision

Date published: 2024-10-25 | Category: Bath, Delivering for local residents, Leisure, Tourism and Heritage


photo shows the allotments with sheds and polytunnels alongside a stone wall and lane

Allotment holders at a Bath site are being served a notice to vacate their plots by October 2025 after the landowner served a notice on Bath & North East Somerset Council, which leases the site, to quit his land.   

The site in Combe Down has 64 allotments and has been allotments for more than 100 years.  

Due to the statutory requirement to give a minimum of 12 months’ notice to terminate an allotment tenancy, the council has now had to serve notice on allotment holders. 

Councillor Tim Ball, cabinet member for Neighbourhoods, said: “We are extremely disappointed to have to send a notice to quit to our allotment holders. This is not the outcome the council desires. Our preferred option is the purchase of the site which we will continue to work towards in our negotiations with the landowner.”  

Letters to allotment holders say the council’s interest in the allotment site in the absence of any other circumstances prevailing will come to an end on 30th November 2025.

As a result allotment holders are being asked to vacate their plots by 31st October 2025 which allows enough time for the council to reinstate the land as required by the terms of its own lease.

Councillor Tim Ball, Cabinet Member for Neighbourhoods, added: “We have 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.

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  

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