Kettering Allotments Cultivation and Weeds Policy
Introduction
Our rules state a tenant must cultivate the allotment and keep it free from weeds. Rules 39 and 40 apply. Insufficient cultivation is the most common reason for ending a tenancy (eviction).
This policy aims to add detail in order to help tenants and field stewards interpret the rule.
To cultivate means to grow and includes growing edible crops (vegetables, fruit), ornamental flowers and green manure. Cultivation does not include growing weeds, hence the phrase to
"keep an allotment free from weeds" in the above rule.
Nevertheless, there are some grey areas and subtleties with this phrase.
Most allotments, if not all, have some weeds at some times. Indeed, a plot that has been completely weeded and is perfectly weed-free will not remain so as new weeds will grow within days. Therefore, an absolutely literal interpretation of the phrase "to keep it free from weeds" is unreasonable. Tenants are not expected to have plots that have absolutely no weeds at all and field stewards will interpret this rule in a reasonable way. A good rule of thumb is that if there are more weeds than cultivated plants, then the rule is being broken and action is required.
The definition of a weed is also not absolute, as any experienced gardener will know. One of our common weeds is fat hen (Chenopodium album), but this plant was used as a vegetable in the Roman Empire and is still cultivated in northern India. Likewise, a self-set potato growing in a carrot row may be considered a weed as it is an unintended plant competing with the cultivated crop, although it is a useful plant and may be tolerated and harvested
Therefore deciding whether a plot is well cultivated and free from weeds is not always clear-cut.
A reasonable approach is needed based on the guiding principles in our rules.
The guiding principles allow for a liberal approach, for all tenants to cultivate their plots in their own way as long as no harm is done. Weeds may cause harm in the following ways:-
Inhibiting the growth of crops by competition, hence preventing effective cultivation.
Spreading to other plots, for example by producing seeds or through their roots.
Direct harm if poisonous or noxious (defined by the Weeds Act, 1959 and other laws) Making it difficult for a subsequent tenant to cultivate the plot (we shall all eventually relinquish our tenancy, even if it is by our eventual death, so have a responsibility to leave the allotment in a good state).
Tenants are urged to communicate clearly and regularly with their field steward and seek advice and support if the weed problem is severe or there are special circumstances preventing cultivation. Stewards may be able to advise or support tenants themselves, or report the situation to the committee and seek support more widely.
Tenants may wish to reduce their plot size, if they're finding their current plot too much work, please speak to your field steward to see if this is possible, or for further guidance that may help.
Policy
Tenants must cultivate their allotment, keeping it free from weeds. 75% of the plot must be cultivated
Cultivation means growing crops.
A reasonable definition of cultivation is growing plants that have uses, including food, ornamentals and green manures.
Digging or rotovating without growing crops does not count as cultivation.
Covering the plot with cardboard or weed suppressant without growing crops does not count as cultivation.
Strimming or mowing an area larger than 25% of the plot without growing crops does not count as cultivation, but see point f below for reasonable circumstances.
In some circumstances, e.g. a tenant whose dwelling has no garden, it may be reasonable for an area of grass larger than 25% of the plot to be kept for leisure and relaxation. The grass should be mown and maintained regularly. Tenants can explain their circumstances to stewards and reach a reasonable compromise between crop production and leisure.
The total area of structures, including sheds, greenhouses, polytunnels, slabs, child play equipment and poultry housing shall occupy no more than 25% (quarter of an allotment plot). The remaining 75% must be cultivated (used for growing crops).
A reasonable definition of a weed is a plant with no usefulness, apart from being composted or one that harms the plot in any of the ways listed above.
Green manures should not normally exceed 25% of the plot.
Miniature fruit trees are permitted (maximum height 2.5 metres, Rule 45) but should not cover more than 25% of the plot. Planting fruit trees that are never harvested does not count as cultivation. Fruit trees and bushes should be set back from the boundaries of a plot so that they do not encroach on other land.
A reasonable judgement that a plot is not being cultivated and kept weed-free is that there are more weeds than cultivated plants.
Stewards will inspect plots regularly and check for cultivation or excessive weeds, or may view a plot as a result of a complaint
If a field steward observes insufficient cultivation or excess weed presence, the tenant will be contacted. A warning may be given to the tenant.
Normally a warning will give a period of one month to remove the weeds and carry out cultivation. Stewards shall endeavour to explain our expectations of what action is needed to tenants. If there is still insufficient cultivation or weed removal after one month a final warning may be issued to the tenant
Tenants are urged to communicate clearly and regularly with their field steward and seek advice and support if the weed problem is severe or there are special circumstances.Stewards may be able to advise or support tenants themselves, or report the situation to the committee and seek support more widely.
If a tenant cultivates satisfactorily following a first warning then resumes non-cultivation repeatedly the stewards may proceed to an eviction.
A tenant whose plot has not been cultivated for a period of three months shall be deemed to have vacated it even if the rent may have been paid. Such tenants shall have the right to appeal to the committee. (Rule 40)
Eviction as per rule 40 will occur unless an appeal is successful.