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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 5826
Experience:  English solicitor with over 12 years experience
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We have an allotment on the St Clements and district

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We have an allotment on the St Clements and district association, and we have erected a canvas tipi to serve as garden shed and green house, with a sitting area for us to rest in. However the committee has ordered us to remove it because it is not made of wood or glass or plastic we must remove it. There are no rules listed on their website. We feel that they are making up rules as they ho along, Do they have the right to do this. Please advise us, Sara
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: we have a long correspondence with them offering to meet them and discuss. We have asked them to advise s how to meet their requirements. They say that it is too high so we have offered to lower it. We have made plans for them, trying to show how it will be used for growing and storing, but they retuse to discuss it.
JA: Where is the house located?
Customer: It is an army canvas tipi on St Clements allotment, Pullens Lane.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes. Does this committee have power? I have had my allotment there for nearly thirty years and have never been asked to vote for any committee. i feels as though they voted themselves on There was only a secretary when I first got my allotment

Hello,

Is this their website? http://www.scadaa.org.uk/

Customer: replied 3 months ago.
Customer: replied 3 months ago.
their website is htt//www.scadaa.org.uk
Customer: replied 3 months ago.
We failed to ask permission before erecting the tipi

Do you have a copy of their constitution or by laws?

Customer: replied 3 months ago.
we have a copy of their constitution, and rules.

Please upload the same here.

Customer: replied 3 months ago.
Have uploaded the file. Please let me know if you can't access the file.

Thank you,

Please see the following provisions relevant to you:

"6.4. Storage & Structures

6.4.1. It is important to seek Committee approval for any structure before proceeding,ideally at the planning stage. As a general rule the following dimensions should be used when planning: -

Sheds should be no more than 6’x8’x8’ on full and half size plots; sheds on quarter plots should be no more than 4’x4’x8’.

Polytunnels and greenhouses (which must be fully glazed) should occupy no more than 20% of any plot and not more than 8’ in height.

(Metric equivalents apply)

6.4.2. Irrespective of size and including siting, no structure can shade/impair adjacent plots formore than a quarter of daylight hours.

6.4.3. Allstructures must be safely built and contain no hazardous materials such asasbestos or other currently prohibited materials. They must be properly securedto the ground, but bases and footings should never be made of concrete.

6.4.4. Only materials necessary for the cultivation and maintenance of the plot can be stored on-site in sheds or other structures. Members must not bring on-site or deposit any domestic or other rubbish. Any items brought to the plot must be for agreed use and any unused or surplus materials must be removed as soon as possible.

6.4.5.Members must not, nor permit others to stay overnight or reside in sheds or other structures."

I would advise you to comply with their request as you were in breach if you did not seek prior permission.

All the best. Please leave a positive rating.

UKSolicitorJA and 4 other Law Specialists are ready to help you
Customer: replied 2 months ago.
I have taken your advice and will be removing the tipi from the allotment on Thursday. However I would like to know if this committee has authority over me. I have had the allotment for nearly thirty years. At first just one man took the fees, and there was no list of rules. I have never signed anything promising to obey the allotment rules. Legally do they have the right to force me to obey their rules? I have not even voted for them.

Please accept proposal to continue. Thank you