Thursday 28 May 2020

Our Journey to Securing a 99 Year Lease : Part 1 No Shortcuts



‘I am a bit confused; may I ask exactly what our relationship is with the Borough? If we pay rent to anyone for the land? And what the position is with our farm neighbours?’

I looked around the table to my fellow Committee members and awaited the clarity I sought. I was new to the Committee and as treasurer I needed to understand whether we had cost liabilities which I had not seen in the accounts. I also knew there was history, but being relatively new to the allotments, I was unclear what was fact and what was urban myth.

My questions received as many different answers as the number of members that sat around the table with me. What was clear was that no one knew with any authority what the answers were. This was some five years ago and since then we have taken a long and often frustrating journey to gain clarity, address the issues identified and be where we are today and in doing so securing our future for the next 99 years.

I realise all allotments are different, have different legal and commercial relationships with other parties, so some of this journey has been taken, or a different path pursued by others. However, I would like to summarise the steps we took and how we achieved what we did. In doing so I hope that some of what I share will help others to open the opportunities before them and have the confidence to take their own or similar journeys. This is not definitive route, nor is it meant to be prescriptive, but just a sharing of lessons learnt.

Research: It is impossible to understand where you can go unless you understand where you are and how you arrived there. Research might put folk off but unfortunately is part of the journey.

Our allotments are over 120 years old and have survived two World Wars where they not only fed many in the East End of London but being in the heart of London Docks, the whole area was subject to considerable bomb damage and lost records. On consulting old committee records and members, I quickly discovered many conflicting stories and many more questions that needed answers. Many of the records themselves were mainly paper and had not been well maintained and time consuming to review. There were many words but little substance to the answers sought. The Borough Archive Library was then searched, and it unlocked lots of information. As departments had changed names and references were often inconsistent or poorly indexed it was again a challenge to plough through Council minutes and papers. Newspaper records were useful but again often only confirmed what had been discovered.

I did unearth a comprehensive Council Administration book of record on the allotments which covered everything from 1947 to 1962. It detailed all minutes, AGMs, plot allocations, disputes, works. A great source of management information but more about day to day administration. I discovered several important council records which detailed department decisions and importantly those relating to the closure of the allotments and their reopening in the 60s and allocation of extra plots in the 70s.

We were able to conclude:
The earliest record was from 1892, the council took active participation in 1913, between 1913 and up to 1962 there were 365 plots covering the whole Mudchute managed by the Borough and under the freehold of the PLA (Port of London Authority). The PLA provided its own policing of the plots, which were surrounded by high fencing and had a manned controlled ticket access gate. 
  
In 1962 the PLA took back the land to extend the docks. However, it was clear from the records that this was not done fully in accordance to the statute and alternative land that was sought but even then could not be found. The rich Mudchute topsoil was sold off by the PLA. In 1965 and thanks to Lord Simon of the PLA and the then MP Dr Ian Mikado a small piece of derelict PLA land was given to the society as allotments. But this only gave us back some 30 plots. By the early seventies, the PLA had realised that containers were coming, and the docks expansion was a questionable move.

In 1978 we were given a further piece of land to accommodate a further 70 plots. This was initially established through the Borough and as part of the exercise we were granted full self-management and allowed to retain all rent collected. A year later the PLA sold the freehold of the whole Mudchute to the Borough and this in turn was managed by the new LDDC (London Docklands Development Corporation) which was established to transform and rejuvenate the whole Docklands area.

In 1994 a lease was granted by the Borough to Mudchute Associates who had established an urban farm on the Mudchute. The 30-year lease covered all the Mudchute including the allotments. The specifics of how this somewhat audacious move happened remain subject to many different viewpoints and what some would refer to as ‘minefield’ of council papers. The result was 24 years of soured relationships and ambiguity between the farm and allotments and what some may described as ‘sloping shoulders’ from the Borough.

The research and a host of formal questions raised to the Borough established that we were a statutory allotment, that they had not disposed of us in 1994 and that the lease they entered was unworkable with respect to the allotments. We could have left it there, but we didn’t want further ambiguity and wished to secure our rights and position going forward. There was no relationship between the allotments and the farm, no financial obligations and the allotments were not even mentioned, nor the land identified within the lease.  

This may have clarified the position of how we got to where we found ourselves and it did not address how we resolved the mess legally, amicably and rebuilt lost opportunities and secured our future.  

Tomorrow; the steps we took; ACV (Asset of Community Value) we were granted, the Society’s constitutional and tenancy rule changes we needed to make, the change to becoming an Incorporated Co-op and the 99 year lease we were granted.