A NOTICE telling allotment holders to abandon their plots has been withdrawn because a council did not get permission from the government.
Evesham Town Council issued St Mary’s Road Allotment holders with a ‘notice to quit’ in May ahead of plans to turn the site into a cemetery.
But allotments are protected by law and the council should have had permission from the secretary of state for housing, communities and local government before doing so.
HAVEN: The allotments are home to wildlife and provide tenants with a relaxing place to spend time (Image: Phil Wilkinson-Jones/LDRS)
The council has now written to allotment holders again withdrawing the notice to quit and saying it was “not correct” to issue it “without first obtaining the necessary permission”.
The letter, seen by the Local Democracy Reporting Service, says the allotment site has “never been” the council’s preferred option for a burial ground and it continues to look for alternative sites.
“The council will now seek formal permission from the secretary of state to dispose of the Rynal Place allotment land with the view to relocating to affected allotment holders to an alternative site in Evesham, should this option ultimately be pursued,” the council states.
Town councillor Emma Nishigaki said: “I’m embarrassed and ashamed the details and legalities around the change of use to a cemetery I have only found out from allotment holders.
“I was aghast to be forwarded a retraction of the notice to quit,” she said.
“I am dumbfounded that after the involvement of Nigel Huddlestone, it has been revealed that due process has not been followed.
She said the site is a haven for wildlife, home to muntjack, badgers, foxes, small mammals, slow worms and grass snakes – and questioned whether the council even owns the land.
Town clerk Jo Adams said the council holds the deeds and the area is registered with the Land Registry.
She added: “With regards to the withdrawal of the notice, we will still be carrying out the council’s decision to issue notice but, as it has been brought to our attention by a constituent that the required process was not followed, we are putting this right.”
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Some tenants have held allotments for 25 years – but a number of people have given up their plots in recent months because of the uncertainty hanging over the site, with weeds quickly taking over sections of the otherwise beautiful site.
Allotment holders say the town council is not giving empty allotments to new tenants despite a three-year waiting list.
Ms Adams said: “There is uncertainty at the allotment site which I can fully understand and it is deeply regrettable.
“The issue has been caused by the extreme shortage of local burial ground. We have no wish to take away people’s allotments but as long as housebuilding continues at a pace in Evesham, local land prices remain very high.
“However, we continue to look for other suitable sites. We may also need parts of the site for investigative work and don’t want to disrupt anyone’s growing.”
Laura James said her daughter helps out at their allotment, making her the third generation in her family to do so.
She said the allotments are a wildlife haven and described them as “an escape, a place to hear nature and the birds”.
Angela James, who lives opposite the allotments, said traffic is already bad in the area because of the nearby school and would be even worse if the allotment site is turned into a cemetery.
“The abuse you get at school times is unbelievable,” she said. “People park on the grass and on the allotment site.”
Mrs James said she had never been told about the cemetery plans by the council, only finding out from talking to allotment holders.
Mick Leather, chair of the National Allotment Society affiliation at the allotments, said there is a “beautiful community” at the site and the council is “destroying it”.
Marion Holloway said: “I don’t know what I’d do without my allotment. It’s great for my mental and physical health.”
Evesham Town Council said the cemetery plan was discussed and voted on at a full council meeting on March 9 and allotment holders have been “closely informed at each stage”.