Community growing projects Terms of licence

Parties

Licensor

Shropshire Council
Shirehall
Abbey Foregate
Shrewsbury SY2 6ND

Community group

Name and address (Licensee):
Contact:
Telephone:
Mobile:
Email:

Licensee guarantor

Xxxx Town or Parish Council

Licensor's solicitor

Legal & Democratic Services
Shropshire Council
Shirehall
Abbey Foregate
Shrewsbury SY2 6ND

Licensee's solicitor

Name:
Address:
Telephone:
Fax:
Email:

Land

Term

Five years

Commencement date

Permitted use

For the community group to cultivate the land for community growing of produce.
Detail specific detail of scheme
(Restrictions if required due to contamination)
This licence is not transferrable.

Use restrictions

• No livestock to be kept on the land
• No commercial growing other than for fundraising for the community growing agreement licensee(s)
• No pesticides or chemicals to be used on the land
• xxxxx
  

Rent

Licensee’s covenants

• To cultivate the land and create spaces for growing (or amend) and/or complete planting within the first 12 months
• To maintain the land in a tidy state, free from weeds
• To provide an open policy to membership so all members of the community welcomed into the community growing enterprise
• To maintain and actively manage any trees and mature shrubs at the site. No tree roots to be cut or damaged by planting at the site and no trees to be lopped or cut down. No new trees to be planted
• Not to plant or cultivate any shrub, plant, or grass of a poisonous nature or likely to constitute a source of danger, nuisance or annoyance to persons or animals on the land
• To immediately remove in line with current guidance any plants classed as injurious weeds
• Not to plant or cultivate anything that would interfere with sight lines (visibility splays) of any junctions, and to immediately cut down any plants deemed to be causing a hazard in this way at the request of the licensor
• All tree, shrub or plants to which this licence relates shall be properly cut, pruned and trimmed at all times during the continuance of this licence and no such tree, shrub or plant shall be allowed to obstruct or interfere in any way with or to become a source of danger to users of the carriageway, footway, footpath or to overhang the premises of any person
• The applicant shall not remove any soil or materials from any part of the land nor transfer any soil or compostable materials to the land without the express authority of the council with the exception of soil graded for growing produce for raised beds
• To maintain and repair any fencing at the site
• To allow access for maintenance or installation of any service media at the land, including access for utilities statutory undertakers and telecomms providers
• Not to erect any structures/ sheds/ seats/ fencing without the prior permission of the council
• Not to store flammable material on site

Inspection and monitoring

• The licensee(s) to provide access upon request for the licensor and licensee guarantor to inspect the land
• If surveys prior to commencement of the community growing agreement identify any contaminant/plants that require treatment or monitoring or any other ongoing inspection/monitoring required then the licensee to provide reports to Shropshire Council / Town Council in the frequency required, and to allow access to Shropshire Council / Town Council inspect compliance with the monitoring/sampling regime
• To cooperate fully with the licensee guarantor to enable them to undertake regular monitoring visits and an annual report to the licensor which includes information on the following: community engagement activities, management/membership of the group, site maintenance, group equipment,structures on site, summary of activities/events, funding, health and safety (risk assessments, incident/accident records) and Insurance
  

Termination

• Immediately by the licensor if no work has begun on preparing the land within the first 12 months
• By the licensor on 3 months written notice if the licensee is in breach of the terms of the agreement
• By the licensee on 3 months written notice if the members of the community group wish to step down and no new members can be found. The land to be subject to the reinstatement provisions
  

Reinstatement

• At the end of the term, however determined, the licensee and the licensee guarantor to provide up to date information on the state and condition of the land, including meeting for a site inspection if required
• The licensee to then reinstate the land to the condition it was at the start of the licence if required by the licensor
• No compensation will be payable to the licensee or licensee guarantor for any improvements made to the land at the end of the licence
  

Insurance

• The licensee to provide public liability insurance to the sum of £5 million and to provide a copy of their insurance to the licensor annually at no cost
• Licensee to indemnify the licensor against all liability, loss, claim or any proceedings howsoever arising under the statute or common law in respect of the planting, maintaining, retaining or removal of shrubs, plants or grass on the land
• If the licensee provides any produce for sale, to ensure first that that have in place products liability insurance and to provide a copy to the licensor at no cost
• The licensee to insure their own equipment and any items left at the site
  

Environmental

• The licensor will undertake a desktop analysis of the site but does not provide any warranty that the land is free from contamination
• If the desktop analysis identifies potential contamination, the licensee to be responsible for any necessary soil sampling/additional surveys etc
• Not to use any pesticides or chemicals at the site
• Not to discharge into any watercourses
• Not to set any bonfires at the site
  

Legal costs