You can find out where the two sites are located and how to apply for a plot on the Allotment Society's website. More on allotments - Do we need more in Groby?
Groby Allotment Society has followed the recommendation of National Allotment Society that allotment associations with more than 25 members adopt a Co-operative Society structure, a form supported by Co-operatives UK. The Society has been registered by the Financial Conduct Authority under the Co-operative and Community Benefit Societies Act 2014 as a Co-operative Society. This legal structure provides limited liability and is considered the most appropriate, secure, and legally sound model for managing allotment sites.
The tenants of Groby’s allotments were unrepresented as a group until 1983, when a plan was developed without consultation and behind closed doors to swap land on Newtown Linford Lane for part of the allotments. The allotment land affected would be used for housing. At a time when the village was growing rapidly this was perceived as a potential threat to Groby’s green open spaces and the tenants met and decided that professional advice was needed.
The National Society offered legal advice and support to members, but not to individuals only to organised bodies. The Groby Allotment Society was created in response. Unlike Groby CIC which, after the initial fundraising for buying the Meadow, had time to consider the best legal entity to create, the allotment society only had time to form an unincorporated association of local allotment gardeners in order to access guidance from the National Society.
This unincorporated form was to serve the tenants well in the years that followed, but what began as essentially a protest reaction to the land swap deal gradually became something more as the tenants realised that those parish councillors who ran and organised allotments did not have practical experience or ‘skin in the game’ to use a current expression.
Gradually the Society took more and more of the day to day running of the allotments, relieving staff and councillors who had many other issues to deal with as the village grew. The informal association endured, the allotments were well managed and improved, and ultimately the Society and the Council entered into a lease agreements for both sites. The Society supplemented its income with grant applications which enabled the building of toilet facilities and, more recently, new fencing costing £20,000.
At the time of the signing of the leases the implications of being an unincorporated association were not fully understood. Such an association is not a legal entity, so the leases had to be signed by individuals, in this case the Chair, Treasurer and Secretary at the time. But the period of the lease, 25 years, is a long time and circumstances changed, and now with 7 years left to run only one of the signatories survives.
This may not be seen as a problem, as the Society is financially secure and supplements rental income with fundraising activities. It has no loans or debts. However, officers of unincorporated societies face unlimited personal liability for the debts, contracts, and legal obligations of the organization. Although the Society has full Public Liability Insurance, officers - particularly committee members - are liable for actions taken on behalf of the association, including negligence, property issues, or breaches of contract.
This is an unfair and intolerable burden to place upon residents who have dedicated themselves to improving facilities in the village, and one which the Groby Allotment Society felt should be remedied.
The Co-operative Society structure provides limited liability and is considered the most appropriate, secure, and legally sound model for managing allotment sites, and places the management under the scrutiny of the Financial Services Authority. The Society has followed the NAS recommendation to use its model rules, subject to minor changes to meet local circumstances. The final stage is for the Parish Council to consider the assignment of the lease to the Co-operative.
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November 2016 Groby Allotment Society's application to have the two sites in the village nominated as Assets of Community Value has been successful. The sites will be included on the register held by the Borough Council for five years and a restriction is also included against the entries on the Land Registry record.
Parish Councils have a responsibility to provide allotments where it can be shown there is sufficient demand, but it is increasingly common for the organisation, management, maintenance and administration to be transferred to allotment tenants. This results in a financial saving to the Council and improvements in customer service for tenants as volunteers are better placed to deal with day to day issues and maintenance, Locally Groby Allotment Society has a 25 year lease of the land owned by Groby Parish Council.
The Parish Council has a policy of not disposing of land in public ownership and in recent years has taken steps to protect its open spaces by registering village parks with Fields in Trust, formerly the National Playing Fields Association. Protection is given through a Deed of Dedication, safeguarding the future of the sites. Deeds are a legally binding document so that each Field is protected for future generations to enjoy. It means that the owner needs to seek permission from Fields in Trust before certain developments can take place.
The Council cannot include their allotments, as they are outside the scope of Fields in Trust. Allotments are protected by legislation which may mean that before they can be built on there might have to be a public enquiry or Government approval. But developers are influential and cash rich which can mean that they are often successful in acquiring allotment land.
In the latest strategic plan approved for the Hinckley and Bosworth area Groby's allotments are recognised as valuable recreational open spaces along with the village parks. Tenants are, however, well aware of the pressures and insatiable demand for building land and the need to ensure the best level of protection for this community asset. Groby Allotment Society was formed over 30 years ago after it emerged that Groby Parish Council and the Borough Council were proposing behind closed doors, and without any discussion with villagers, a land swap involving part of Ratby Road allotments. This brought home the need to be aware of the potential threat of green recreational spaces in the village becoming urbanised under new brick and concrete housing developments.
So how does it help to register an Asset of Community Value?
Local community groups or Parish Councils can nominate both privately and publicly owned assets which meet the definition of community value. The current, or recent, primary use of the eligible building/land must further the social well-being or social interests of the local community and it should be realistic to think that now or in the next five years there could continue to be such primary use. The scope is wide and in addition to parks and green spaces could include shops, pubs, village halls, nurseries and children’s centres, sports grounds, youth centres, community centres such as Forest Rise and more.
Being registered doesn't mean that the land can't be sold to a third party, but before this can happen the owner must notify the local authority and wait until the end of a six week ‘interim moratorium’ period, unless it is classed as an exception by the enacting legislation. If within the six week period the local authority receives a request from a community interest group to be treated as a potential bidder, the owner may not proceed with the disposal. The owner then has to wait until the end of a six month ‘full moratorium’ period, during which time a community organisation can develop a proposal and raise the money required to bid to buy the asset.
So the registration of Ratby Road and Orchard Close allotments as Assets of Community Value will mean that even if at some time in the future there should be a different attitude to the disposal of village green spaces it cannot be finalised without public consultation. Whatever the ultimate outcome there would be time for the community to make it's wishes known, providing an extra safeguard to supplement the protection provided to 'Statutory' allotment sites.
There is another entry on the Hinckley and Bosworth register - The Greyhound, Main Street, Botcheston. The Campaign for Real Ale(CAMRA) has been encouraging members to get their local pub registered and has a target of 3000 to be listed by the end of 2016.