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.