Situated at the heart of what is known
locally as 'Armour Village', the allotments site and the
Recreation Ground make an immeasurable contribution to local
amenities, and are highly valued. The whole of the Armour
Hill Kentwood Hill allotments site covers an area of 11.5
acres. It was originally common land, sometimes called
Tilehurst Common and sometimes Kentwood Common on old
maps. At Enclosure in 1811 one sixteenth of
the Common was allocated as Poors Land and entrusted to the
local Vicar and his wardens to take care of.. From this the
current system of trustees emerged. The land has probably
been cultivated as allotment gardens since the 1840's and
there is archival evidence of small strips of land being
exchanged in the 1830's and 1840's. In this century there have been some
small-holding activities such as pig-rearing, and evidence
of this remains as disused buildings. Some of the land has
not been cultivated leaving an extensive range of historic
flora. In living memory cows were kept and until recently
ducks were a familiar sight from the Recreation
Ground The Reading University Library
Publication entitled "A Domesday of English Enclosure Acts
and Awards" shows that under an 1811 Act of Parliament
Tilehurst was awarded in 1817, an area of land totalling
1200 acres to compensate for land enclosure. The General Enclosure Act of
1845 included a permissive clause allowing persons
interested to authorise the commissioners to proceed to make
allotments for public purposes, roads, drains, charities
etc, and another empowered them to allot land for the
benefit of the labouring poor, including a special mention
on the use of the land for recreation grounds. The above aspects of the act
arose because of enlightened Politicians of the time
opposing in the House all enclosures, which made
insufficient provision for the exercise and recreation of
dwellers affected by land enclosure. It is reasonable to assume that
19th Century land award for use by dwellers in the Tilehurst
area was to be used for similar purposes including exercise,
recreation and garden allotments for the labouring poor. The
use of the land for recreation and exercise is as valid
today as it was in the 19th Century if not more. The intent of the Trustees of
Tilehurst Poor's Land Charity to have the area developed for
housing is an abrogation of the responsibility imposed on
them by the good persons of a previous generation who had
the land commissioners set aside the land for use by the
19th Century dwellers of Tilehurst and for future
generations of the area. It is essential therefore, that
development of the land for housing purposes is stopped to
ensure that all residents of Tilehurst as an open space hold
the land available for use. Item
A gives a reference to how
Trusts were obliged to act in regard to land held by them
for the benefit of the poor and its alternate use for
recreation of the inhabitants under an Act of
1882. This poses the question of what
happened to the Trustees obligations in regard to land held
by them under the Allotments Extension Act of 1882 when was
it was repealed and replaced by the Charities Act of 1960.
Item
B shows that the TILEHURST
POOR'S LAND CHARITY was registered on 11th April 1962
approximately two years after the Allotments Extension Act
was repealed and the Charities Act replaced it. Another
interesting feature in Item B, the Objectives of the Trust,
you will note that all reference has been excluded in regard
to the use of land held by the Trust prior to the Charities
Act of 1960. It is also noted that the Trusts governing
document has been revised on two different
occasions. Was there any slight of hand when the
Act of 1882 was repealed and the commencement of he
Charities Act of 1960 in regard to dropping the Trust's
responsibility to retain the land for community use if not
being used by the poor? Regarding the history of the Trust
has there ever been a conflict of interest on land use with
trustees in the development business. If the planning permission
application is to be over turned, it is essential that an
answer is found to whether or not the Trusts obligations to
retain land for community use was repealed when the
Charities Act became effective. It would be very useful if an
answer to the question of what happened to Trusts land
retention obligations when the Act of 1882 was repealed and
the registration of the Trust under the Charities Act in
1960. The award specified that the
hedgerows, which are currently on the original land
boundaries shown on the Award map of 1817, should "be for
ever after maintained and kept in repair." There has been a
recent case (January 1997) in which a similar requirement in
Flamborough, East Yorkshire under a Local Enclosure Act of
1765 has been upheld in court. Item A
Extract From a Book Entitled "The History of Allotments"
1 January
2002
In addition, in the early part of the nineteenth century and before the general allotments legislation, the church- wardens and overseers of the poor were empowered to provide land for the employment of poor persons at reason- able wages, and also to let it to poor persons for cultivation , at reasonable rents; this being apart of the legislation for relief of the poor. These allotments also were vested in parish councils by the Local Government Act, 1894, and the 1908 Act3.
Finally, by the Allotments Extension Act, 1882. land held by charity trustees for the benefit of the poor of any place could, where "such lands are not otherwise used for the benefit of the parish in which it is situate as a recreation ground, or otherwise for the enjoyment or general benefit of the inhabitants" , be used for letting in allotments to cottagers, labourers and others. Detailed provisions were contained in the Act as to rules for letting, and the publication of notices, etc. The Act was almost totally repealed by the Charities Act, 1960. Most trustees had in any event passed over their powers of management to local authorities.
Item B Registration Details of TPLC
Registered Number 204048
Subsidiary Number 0
Other Name(s) POOR'S LAND
Correspondent
Details MR O
C JENKS PO BOX 2802 READING BERKSHIRE
RG30
4GE01189 428186
Objects
RELIEVING EITHER GENERALLY OR INDIVIDUALLY PERSONS RESIDENT IN THE AREA OF BENEFIT WHO ARE IN CONDITIONS OF NEED, HARDSHIP OR DISTRESS BY MAKING GRANTS OF MONEY OR PROVIDING OR PAYING FOR ITEMS, SERVICES OR FACILITIES CALCULATED TO REDUCE THE NEED, HARDSHIP OR DISTRESS OF SUCH PERSONS.
Area Of Benefit BOROUGH OF READING AND THE PARISHES OF THEALE AND TILEHURST
Registration Date 11/04/1962
Governing
Document
SCHEME OF 4TH MAY 1982 AS AMENDED BY SCHEME OF 5TH MARCH 1985
Area(s) Of Operation LOCALCounty
BERKSHIRE
Administrative District NEWBURY
Locality TILEHURST