The Interim Property Services Manager provided a brief overview, advising that the plots had been owned by Swale Borough Council (SBC) for a considerable time and were currently leased to the Sheppey Horticultural Society, comprising approximately 90 individual plots. He explained that, under Paragraph 9(1) of Schedule 29, Part II of the Local Government Act 1972, functions under the Allotments Acts—including the provision, management, and maintenance of allotments—should not be exercisable by the Borough Council, and the responsibility therefore was with Sheerness Town Council.  He added that the proposal was intended as a tidying-up exercise to ensure compliance with the legislation.

The Strategic Programmes and Assets Manager said that, as required under the Council’s Disposal Policy, Ward Members had been consulted on the transfer. One of the Ward Members queried whether consideration had been given to transferring the site to the Allotment Society who currently managed it. The Green Spaces Manager had advised that, because two groups operated under one society, it would be preferable to retain responsibility with the public body charged with managing the allotments. The Ward Member accepted the response, but suggested that the Committee might wish to consider including a restrictive covenant to ensure the site was retained as allotments in the future, providing reassurance to the local community.

Councillor Monique Bonney proposed the following amendment to Recommendation (1):

“To include a restrictive covenant for the ongoing use of the site as allotments”

This was seconded by Councillor Ashley Wise and on being put to the vote, was agreed.

Members were invited to speak and raised points including:

·         Could it be ensured that the society retained the management of the allotments?;

·         there were two societies and both had a good relationship with Sheerness Town Council;

·         suggested that any residual funding from the transfer be used for the benefit of the community;

·         there were many benefits of the allotments to the community; and

·         sought clarity on the operation of the clawback clause.

In response, the Interim Property Services Manager advised that the current leaseholder, Sheppey Horticultural Society, would transfer and the lease would remain unaffected.  He added that there was statutory protection under the Allotments Act, and any disposal for purposes other than allotments would require consent from the Secretary of State, but a restricted title to allotment use could be added to Land Registry. The Interim Property Services Manager further advised that in the highly unlikely situation that the Secretary of State agreed to any change, compensation would be awarded and the beneficiary would be SBC.

Resolved:

(1)  That delegated authority be granted to the Head of Place to negotiate and agree terms of the transfer of the freehold interest in Sheerness Allotments (Medway Road and Richmond Street/Nursery Close, as shown on Appendix I of the report), to Sheerness Town Council, to include a restrictive covenant for the ongoing use as an allotment.

(2)  That delegated authority to enact the transfer be granted to the Head of Place, in consultation with the Head of Legal Services.