PART 2Categories of use

Watering a garden using a hosepipe4

1

Using a hosepipe to water a garden for health or safety reasons is not to be treated as falling within the category of use in section 76(2)(a) of the Act.

2

In that section, “a garden” includes any of the following—

a

a park;

b

gardens open to the public;

c

a lawn;

d

a grass verge;

e

an area of grass used for sport or recreation;

f

an allotment garden, as defined in section 22(1) of the Allotments Act 19223;

g

any area of an allotment used for non-commercial purposes;

h

any other green space.

3

But “a garden” does not include—

a

agricultural land, as defined in section 109(1) of the Agriculture Act 19474;

b

other land used in the course of a business for the purposes of growing, for sale or commercial use, any crops, fruit, vegetables or other plants;

c

land used for the purposes of a National Plant Collection;

d

a temporary garden or flower display; or

e

plants (including plant organs, seeds, crops and trees) which are in an outdoor pot or in the ground, under cover.