Scot plot guide Q3:layout 7

AllotmentsA Scottish Plotholder’s Guide

with inform

ation on how

to get a

new site

The

Regeneration InitiativeAllotmentsScottish Allotments

& Gardens Society

Allotment garden: More commonly ‘plot’. To beused wholly or mainly in the cultivation of fruitand vegetables for use by the plotholder andfamily. See legislation for legal definition.

Allotment provider: The organisation that rentsout the allotment plot to the plotholder. Oftenalso known as the ‘Landlord’.

Allotment site: Collection of allotment plots.

Devolved management: Arrangement by whichthe allotment gardeners manage the allotmentsite themselves in formal agreement with theallotment provider. The allotment gardenersusually form an Allotment Association in orderto function in this role.

Lease: Legal document signed by an allotmentassociation operating under devolvedmanagement.

Local authority: One of Scotland’s 32 directlyelected bodies covering the whole of Scotlandwith the responsibility to provide allotments.

Missive of Let: Tenancy agreement, rentalagreement

Organic cultivation: A gardening methodwithout the use of chemical fertilisers orpesticides, focusing on increasing the naturalhealth of the soil.

Plotholder: The person renting the plot from theAllotment Provider.

Rural Affairs and the Environment: ScottishGovernment Department with responsibility forallotments.

Glossary

This guide waswritten by

members of theScottish

Allotments andGardens Society

ExecutiveCommittee forthe AllotmentsRegeneration

Initiative

Allotments – A Scottish Plotholder’s GuideContentsThis guide covers the basic culture of allotment gardening andallotment law. A range of organisations that can give you further help,advice and support is mentioned throughout and contact details arelisted in Resources.

1 Introduction to allotments.........................................1

2 Provision ......................................................................3

3 Tenancy agreements and rules ..................................6

4 Rents and funding ......................................................7

5 Health and safety on allotments ...............................8

6 What you can and cannot do on an allotment........9

7 Beekeeping and other livestock ..............................11

8 Protection and legislation........................................12

9 How do I get started? ..............................................14

10 Resources...................................................................16

Allotments - A Scottish Plotholder’s Guide 1

Allotment gardening provides the opportunity for ayear-round healthy lifestyle. Allotments help toaddress issues that directly affect people such as,food provenance and food security, sustainability,healthy living and eating, whilst at the same timeallotments contribute positively to the environmentand biodiversity by providing high qualityagricultural growing spaces, which also provide ahabit for native flora and fauna.

This publication is for existing allotment plotholdersand anyone considering renting an allotment.Individuals and groups looking to create newallotment sites may also find this publicationuseful. The primary aim of this document is to givea guide to their rights and responsibilities and to'allotment culture'. It does not aim to give gardeningadvice - there are many excellent books and otherresources that do this. There are a range oforganisations that can give you additional guidanceand support. Contact details are listed in Resources.

What is an allotment?Historically in Scotland there was a distinctionbetween ‘allotment’ and ‘allotment garden’. Anallotment was quite a large piece of land (at leastan acre) and could be used to keep livestock. Atthe time of writing, there do not appear to be anyallotments (in this sense) in Scotland. An allotmentgarden (plot) is defined in law as being not morethan 40 poles (that is ¼ acre or about 1000sqm).Today 200/250sqm is often regarded as a typicalplot size, but in fact the size (and shape) willdepend on what can be fitted into the site.Increasingly some sites are offering smaller ‘half-size’ or even ‘starter’ plots with raised beds forpeople new to allotment gardening or those whowish to down-size. Modern allotment sites oftenhave plots rented by community groups and mayalso have common areas of grass and othercultivation for the amenity of all plotholders on thesite.

1 Introduction to allotments

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2 Allotments - A Scottish Plotholder’s Guide

Who owns and manages allotments?There are three main types of organisationsinvolved in the day to day leasing and managing ofallotments:

• Local authority, i.e. a city or district council

• Other landowners

• Allotment associations or societies made up ofthe plotholders.

The audit Finding Scotland’s Allotments 20071

found that 69% of sites in Scotland are owned bythe local authority. Other providers include auniversity, housing associations, a convent, varioustrusts and other estate or private landowners. In afew cases the allotment association actually ownsits own site.

Sometimes an allotment site is managed directlyby the provider. In this case the primary contactwill be between the individual plotholder and theprovider. However, quite often day to daymanagement of a site is devolved to an allotmentassociation for the site. In this case plotholdersmay have to take responsibility for letting theplots, for maintaining a waiting list if this isnecessary and for the repair and maintenance ofcommunal facilities. Even if the allotment providerperforms most management tasks, an allotmentassociation can be useful as a channel forconsultation and communication between theprovider and the plotholders. In some localauthority areas site associations come together ina forum or federation to provide an additionalmeans for plotholders to raise issues of commonconcern.

If the local authority has a published allotmentstrategy document then this will outline themanagement policies the local authority has for itssites.

Benefits of AllotmentsThe produce you grow contributes to a healthybalanced diet for you, your family and friends. Youcan have fresh vegetables all the year round and

fresh fruit for up to nine months and this mayreduce your food costs.

Gardening is moderate exercise, which is shownto decrease the risk of heart disease, diabetes andcancer2. It contributes to both physical and mentalwellbeing for all ages. Older people can benefitfrom the combination of gentle exercise and socialinteraction with other plotholders. Health benefitsextend beyond individual plotholders and severalsites are working with community groups topromote physical and mental health.

At least 50 different local community groups arevariously involved with allotment sites. Sites runcommunity events and open days, offereducational visits from schools and other groups,have school plots contributing to the curriculumand Eco School awards.

The Scottish Allotments and Gardens Society(SAGS) estimate that an average family growing ¼of their produce will save 4% (0.5 tonnes) of theirtotal emissions each year and a one hectareallotment site (40-50 plots) saves 25 tonnes of CO2 per annum3.

Children can benefit from spending time on anallotment, either with their family or as part of theschool curriculum. Learning and fun can becombined. At the very least children gain anawareness of the diverse species that live in theearth and that food does not start out wrapped inplastic.

By gardening people can learn how allotmentscontribute to increasing local nature and wildlife,and maintaining soil infrastructure - 99% of sitesform part of wider open space and greennetworks.

1 Scottish Allotments and Gardens Society (2007) Finding Scotland’s Allotments www.sags.org.uk

2 Dr William Bird for the Royal Society for the Protection of Birds, endorsed by the Faculty of Public Health of the Royal Colleges of

Physicians of the United Kingdom. (2004) Natural Fit, Can Green Space and Biodiversity Increase Levels of Physical Activity?

www.rspb.org.uk

3 Scottish Allotments and Gardens Society (2008) Briefing paper on Allotments, Food and Climate Change: how growing one’s own

food can reduce emissions from food production www.sags.org.uk

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How to get a plotPlots are in high demand all over Scotland. Thereare currently about 7000 plots in Scotland, whichaverages at 1 plot for every 700 people, so unlessyou are very lucky you must expect to spend timeon a waiting list.

The first step is to contact your local authority. InScottish law the provision of allotments is theresponsibility of the local authority. The localauthority has a duty to give priority to residents inits area, so it is unlikely that you will be offered anallotment outside your local authority’s area. Yourlocal authority should have a record of allallotments in their area, should know about theavailability of plots and be able to give you someidea about the length of the waiting list, and howto get on it, if there are no available plots. If thelocal authority is not the provider of the allotmentsite then you may have to contact the actualprovider directly. The local authority may be able togive you contact details.

The pattern of allotment provision andmanagement varies greatly between localauthorities. Some have a named and designatedallotment officer, three have no allotments in theirarea, others divide allotment responsibilitybetween a number of departments and yet othersonly have independently owned allotments forwhich they take no serious responsibility. SomeLocal authorities have excellent contact details ontheir own website but it can sometimes be hard toaccess the appropriate person. SAGS maintaindetails of contact information on their website at:www.sags.org.uk.

In 2007 SAGS published a document FindingScotland’s Allotments which gives details of allallotment sites existing at that date. Thisdocument was lodged in local libraries throughoutScotland and is also available for download fromthe SAGS website.

How to formally request provision forallotments from your councilIf the waiting list is too long (and it can be sevenor eight years in some places) or if there are noallotments in your area then in law there is aprocedure to request allotment provision. If six ormore residents write to the chief executive of thelocal authority, representing that there is need forallotments in the area then by law the local

authority must consider the representation. Underthe Allotments (Scotland) Acts, if a local authoritydetermines there is a demand, it has a statutoryduty to provide a sufficient quantity of plots and tolease them to people living in its area. Pastexperience shows that groups that formthemselves into an association and enlist the helpof local councillors and community councils havethe highest chance of success in enforcing thisduty.

Equal opportunitiesAllotments operate within the spirit of equalopportunities and are rented out on a first-comefirst-served basis, without preferential treatment.Your age, gender, race, cultural background, sexualorientation, religion or health, are not a barrier toyou renting an allotment. The DisabilityDiscrimination Act (1995) exists to ensure peopleare not discriminated against on the grounds oftheir disability. People with additional needsrelating to their health should let the allotmentprovider know at the time of their application foran allotment plot, or when health changes occurrequiring adaptations after they have become aplotholder. Some allotment authorities havecreated specially adapted plots for disabled people,either on a communal or individual gardeningbasis. Other local authorities deal with adaptationson a case-by-case basis.

2 Provision


Community PlotsIndividuals rent plots, but in addition on many sitesplots are rented by community or educationalgroups. The members of the group gain from theknown benefits of allotment gardening, and theallotment site may well benefit from a larger poolof volunteers to undertake communal chores andalso from the funding opportunities that becomeavailable when it is possible to prove communitybenefit.

There are several different patterns of provision. Anumber of descriptive terms have emergedalongside the legal term ‘allotment garden’ inrecent years: 'community garden(s)' and‘community allotment(s) and ‘community plot(s)’.None of these terms are recognised in law and theinterchangeable way in which they have beenapplied by some providers has led to a great dealof confusion and legal disparity. In some casesthere has been a deliberate stance by localauthorities to name new allotment sites‘community gardens’ instead of ‘allotmentgardens’ in order to avoid creating any legalprotection allotments might attract. Some newallotment sites have found it easier to obtainfunding by naming themselves ‘communityallotments’ or ‘community gardens’ in spite ofactually being allotment gardens. Allotmentgardens are, intrinsically, already a community oflike minded people who come together through ashared love of gardening (or a desire to learn) and,as such, the use of other terms can lead to anegative perception of what allotment gardensactually are and what returns they can offer interms of economic, social and environmentalinvestment. Anecdotal evidence shows that wherenew allotment sites are created the gardenersthemselves want to have a variety of plots ofdifferent shapes and sizes for both individual andcollective usage.

One possible method of managing waiting lists isthat there are particular plots identified ascommunity plots and (if necessary) a separatewaiting list for these plots. Another is that a groupjoins the general waiting list in the same way as anindividual and rents a plot when it becomesavailable. The normal regulations will apply tomembers of community groups as much as toindividuals and there are no reasons to expect anyadditional problems. However, an associationresponsible for managing a site with communityplots should be aware that there might be distinctissues that arise, for example there will need to bean individual who is the group’s contact with the

association by reason of their position. If thisindividual is replaced within the group this shouldnot affect the group’s right to cultivate the plot. Inaddition most sites are fenced with locked gates,so there might be a need to consider how manymembers of a community group should be keyholders.

Plot condition A local authority’s minimum obligation is only toprovide land for allotment gardening for itsresidents. This could just be earth in anuncultivated condition and the standard may varyfrom site to site. Local authorities have the powerto improve the land acquired for allotments byenclosing it, draining it and creating approaches orroads. If the local authority has an allotmentstrategy then this will outline the responsibility thelocal authority is prepared to accept for its sites.

Contaminated landRarely, soil on allotment sites is found to becontaminated by heavy metals and otherpollutants. Produce grown on contaminated landmay be unfit for human consumption.Contaminated soil does not mean land can neverbe used for allotments, various techniques existthat can be used to make soil safe for allotmentgardening. SAGS recommends a survey is carriedout on land outlined for new allotments, to obtaindetails of any contaminants present, along withgathering information indicating soil health such aspH, trace elements, soil type. Existing plotholderswith concerns about soil on their site shouldcontact their allotment provider in the firstinstance.

Onsite facilitiesApart from ensuring that access to the allotmentsite is safe and not a barrier to people withdisabilities, the allotment provider is not requiredto provide any further facilities for plotholders. It is,however, considered good practice for allotmentproviders to provide well-maintained facilities fortheir plotholders to ensure they obtain the fullbenefits of allotment gardening. These include awater supply, toilet facilities, boundary fences,hedges, paths and gates.

Provision for cars is often a thorny issue andplanning authorities have strong feeling about this.Wherever possible plot-holders should walk, cycle,or use public transport to access their plots.


How to start a new siteIn an ideal world, once a group of six residents haswritten to the chief executive of their localauthority pointing out a demand for allotments, theprovision of a suitable allotment site will followeasily and promptly. However very few of us livein an ideal world and it is as well to be aware thatthe process of finding and setting up a new sitecan require serious commitment. It will be timeconsuming and may require funding from sourcesother than the local authority. SAGS can put you incontact with groups who have followed this routeand the SAGS website contains a number of casehistories from groups that have started a new site.

Start a groupThe first step is to find other interested people andform a group. Advertise in as many local media aspossible: local papers, notices in local communitycentres and libraries, local websites etc. Theorganisation of the group does not need to be veryformal but at the first meeting there should be aclear decision about its aims, and a clear allocationof responsibilities. Try to involve local councillorsand/or community ‘leaders’ in the group.

Identify land and think about theleaseLocal authority owned land may be unavailable andmany groups decide to look for a suitable site froman independent landowner. Remember thatsuitability is about more than just area – youshould consider accessibility, drainage, sun/shade,and possibilities of contamination.

There are likely to be a number of ‘corporate’ landowners in the area apart from the local authority.Does your local hospital have unused land? Woulda housing association allow some of its greenspace to be used for allotments? Is there a bighouse in the vicinity with a derelict kitchengarden? Is there a local farmer with surplus land?Once you have identified suitable land you willneed to negotiate a suitable lease. This shouldprobably be passed to a solicitor, but you will needto decide on matters such as time scale. Aprovider might want quite a short lease, but realallotment gardening is a long-term activity, andmany funding bodies will not give grants if a leaseis for less than a minimum time. Twenty to twentyfive years has been found to give reasonablesecurity.

Fundraise: involve community groupsSetting up an allotment site will have costs. Youwill need to raise these funds somehow. There area number of suitable funding bodies but in generalit will be easier to access funding if you can showthat there is a benefit to the community. Thephysical and mental health benefits of gardeningare now well recognized and there may be localvoluntary groups providing health rehabilitation orsocial and skills training who would be delighted tooffer their fund raising and leadership skills inreturn for the promise of a plot for the use of theirmembers. For further information see Fundraising– A guide to fundraising for allotment associations,published by ARI (Resources).

Make sure you lay down management guidelines.With the best will in the world, not everyone willagree about everything. Quite early in the processyou should think about such questions as:

• what body is to manage the site

• how is eligibility to rent a plot determined

• what can be grown on a plot and what sizes ofsheds and greenhouses can be erected (andwhere)

• what standard of cultivation is expected andwhat happens if a plotholder does not conformto this standard

• what communal responsibilities will be laid onplotholders.

SAGS can offer advice on drawing up suitablemanagement regulations for plots.

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The missive of let (tenancy agreement) is a legallybinding document, setting out the rights andresponsibilities of the plotholder, and those of theprovider. You will be required to sign the missivewhen you rent an allotment. The missive can bebetween you and the landowner (public or private),or between you and your allotment association,who may own or rent the land via a separate leasewith a provider.

Your missive can be short, referring to separaterules, or lengthy, with all relevant issues covereddetailing what you can and cannot do with yourplot. You should receive a signed copy for futurereference. The missive should be in plain English.You may receive a starter pack of usefulinformation introducing you to the site association,the regional set up and basic advice on how totend your plot.

Why is a tenancy agreement needed?When renting an allotment you are takingresponsibility for a piece of land which is entrustedto you. The allotment provider needs to ensurethat you will manage the land in an appropriateway during your time as a plotholder and to ensurethat the land will be in a fit state to rent out againwhen you decide to move on. Everyone renting anallotment plot needs to understand theirresponsibilities; the missive of let clarifies this.

What to expect to be includedNo two allotment sites are exactly the same somissives vary. There are however, some issuesthat are required by law to be included:

• Rent: amount (possibly including water charges;renting sheds or other structures); when it isdue; how it is collected; how it is calculated for aproportion of the year; penalties for rent arrears.

• Prevention of and penalties for nuisance andannoyance.

• Prohibition of sub-letting to other people by theplotholder.

• Observance of terms of lease.

• Determination of tenancy and notices to quit,compensation for improvements to plot onservice of notice to quit.

• Prohibition of trade or business.

• Erection of sheds, greenhouses and otherstructures.

Additional items may be mentioned in the missive,referring to such things as rules and policies, localcircumstances and by-laws.

Individual allotment plots are normally let for aperiod of one year, although this can be renewedindefinitely as long as you comply with the termsof the missive. If the let is between yourassociation and the landowner the let may be forseveral years for the whole allotment site. Themissive will usually include provision for thetenancy to be terminated by either the plotholderor the landlord. If the plotholder has not compliedwith the terms of the missive or the rules referredto, the provider may give one month’s notice. SeeSection 8: Protection and legislation for full details.

Understanding your responsibilitiesIt is important that you read and understand theresponsibilities of the missive. Remember it is acontract between you and your provider. You needto follow the missive conditions, not only toprotect your own position but also to ensure thatthe site as a whole is not brought into disrepute.

RulesIn addition to the missive of let, many allotmentsites have additional general or specific site rules.Adherence to these rules could well be in themissive; they may even be included in detail in themissive. They are usually to ensure theharmonious day to day operation of the site. Theydo not take the place of the missive but act as asupplement. You should receive a copy of the ruleswith your missive and they may be displayed onthe site notice board or in the community hut.

What to do if you have a problemWe have to accept that from time to time problemscan arise, but they must not be allowed to get outof hand. Do not allow problems to fester, opendiscussion is the way to solve a problem.

A dispute procedure may be included in your siterules or even the missive of let. One of the rulesmay be that all plotholders act in a manner not tocause offence to other plotholders. Normally youwould try to solve the problem by talking to theother party. If this fails you would have recourse tothe site association committee who may set up anarbitration panel. As a final resort you would putthe problem in the hands of your provider whoarranged the missive of let.

3 Tenancy agreements and rules


The annual rent takes into account the cost ofmanaging the site, local needs and any specialcircumstances. There is no statutory process ofappeal about rent charges. If you are unhappy withyour rent charges you should take up your casewith your provider. The law does not stipulate areduction in rent for people on low incomes. Someproviders permit concessionary rents, at theirdiscretion. There are waiting lists for allotments inevery local authority in Scotland. Essentially youwill need to decide whether you are prepared topay the rent demanded for the pleasure of growingyour own food.

How much rent are you likely to payThe variance can be very wide depending onservices provided. The most expensive known inScotland at £300pa (2009) is at a private site whichprovides free tea and coffee, a community cabin,rubbish collection, and piped water to each plot.The cheapest is £5 pa (2009) with very littlesupport. Included in the rent could be an annualfee to your local and national allotmentorganisations.

How rents are calculatedThe way in which rents are calculated depends onthe provider and services included. If the LA isprovider they should have a long term allotmentstrategy and budget and therefore the rents can beforecast. You may get a notice about rent chargesfor the future years.

If the site association rent the land for a one offannual rent, or if the association owns the land,they will take into consideration any annual repairs,capital investment, standing charges/rates/watercharges etc, and divide that total amongst theplotholders. The size of the plot may vary slightlyas the shape of the whole site may not cater for

uniform plots. Usually you will pay the same for afull plot even though your plot may vary slightly insize from others on the site. The rent for a halfplot and starter plot is generally some designatedfraction of the full plot rent.

Incentives and concessionsAllotment providers should ensure that plots arefree from hazards when setting up new tenancies.If you are taking on a ‘dirty’ (uncultivated) plot yourprovider may make special arrangement to removevery heavy weed infestations. You may be offeredthe first years’ rent at a reduced rate or even freeto encourage you to clear and cultivate it. Someproviders offer concessions to those on benefitand pensioners.

Paying your rentRent is normally paid in advance. If you do not payyour rent in line with the terms of your missiveyou could be breaking the contract, and you couldlose your plot. If you are unable to pay your rentbecause of financial difficulties you should informyour provider immediately.

Water ChargesSome providers may include a water charge aspart of the rent, or charge the site an annual fee.Some sites do not have piped water. Any watercharge should be detailed in your missive.Hosepipes may be banned; the provider may offerwater butts for water collection from shed roofs.

How the money is spentThe maintenance costs on allotment sites can below, particularly if the plotholders volunteer tocarry out basic maintenance themselves. Some ofthe running costs are public liability insurance, skiphire, administration, site and security maintenance.

4 Rents and funding

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All activities carry an element of risk andallotments are no exception. Everyone needs totake health and safety seriously, but it is also veryimportant to approach the issues sensibly and notbecome paranoid about the possibility of litigation.

New and existing plotholders have a responsibility(duty of care) to anyone on their plot regardless ofwhether or not they have been given permissionto be there. You should act responsibly and complywith any health and safety instructions in themissive of let, and any subsequent informationgiven by the provider. Health and safety onlybecomes unmanageable when responsibilities areneglected.

The providers should ensure that the plot is freefrom hazards at the time of leasing to a newplotholder. New plotholders should be advisedabout any ongoing health and safety risks orhazards on the allotment site at the time of takingon their plot and signing the missive.

If you are not sure of your own health and safetyresponsibilities as a plotholder ask your provider. Itis good practice for providers to welcome enquiresfrom plotholders about health and safety.

How to report hazards and concernsPlotholders should report concerns about healthand safety on their plot, or site, to the siteassociation committee or provider as soon as theyoccur. It is good practice to have a reportingsystem for plotholders. There should be a list ofcontact details on the notice board, and a named

individual within the local authority or providers’organisation. You should let any visitors to yourplot know about any ongoing health and safetyissues that you are aware of.

Personal SafetyAllotment gardeners often spend long periods oftime alone on their plot, so it’s a good idea to letsomeone know where you are and when you willreturn home. Contact your local police forinformation about personal safety and crimeprevention.

VandalismMost of the time allotments are havens of peacein an otherwise busy world, where plotholders putin many hours of work. In order to reduce the riskof vandalism, it is good practice for the provider toensure that adequate security measures such asfences and hedging, are in place, and that theplotholders or the provider maintains them.Plotholders should always report instances ofvandalism to the police and obtain an incidentnumber, as well as informing the site committeeand provider of the incident.

Reducing chemical useYou can help the environment by minimising theuse of chemical pesticides, herbicides andfertilisers and promoting non-polluting materials.Organic gardening, without the use of artificialproducts is an effective way of cutting down onchemicals. There are organisations that can giveadvice and help you with the practicalities of doingthis. (See Resources)

Disposal of ChemicalsPlotholders who use chemicals have a duty of careto store, use and dispose of them safely. Thisincludes weed killers, rat poisons, fungicides andsoil sterilants etc. They should never be decantedinto another container or brought into the UK fromabroad. They should always be stored well out ofreach of children and locked away. Plotholdersshould contact their local authority wastemanagement department for information aboutfacilities for the safe disposal of surplus chemicalpesticides, herbicides and fertilisers. They shouldnever be included in household rubbish, burnt,placed in skips, or poured into watercourses or anykind of drainage system.

5 Health and safety on allotments

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Gardening within the rulesThe Allotments Acts (Scotland) state that yourallotment is mainly for growing vegetables andfruit for your own and your family’s use. This is thebasis on which your plot is rented to you. Modernpractice is, often, to have some flowers and herbsas well as vegetables and fruit for home use andto attract pollinators.

It is essential that any activities you carry out onyour plot are acceptable within the terms andconditions of your missive of let. You should notchange the nature of the plot in a way that makesit less valuable or could affect the provider’s abilityto rent it out again when you leave. Occasionally,some activities may actually threaten the future ofyour allotment site as they change the legaldesignation of the land-use from that of allotmentland, for example using your plot for commercialpurposes.

Although restrictions on what you can and cannotdo on your plot will differ from area to area, someare generic to all allotment sites. It is always bestto check your missive of let and check with yoursite association for any rules pertinent to the site.Examples of generic restrictions are given below.

Being a good neighbourA desire to garden means that you will have muchin common with your fellow plotholders. There arehowever some matters of social politeness toconsider when you take an allotment or if you arean existing plotholder when a new plotholderarrives. Simple things such as lighting a bonfire(see further below) or playing a radio, may affectyour neighbours’ enjoyment of their plot. Setground rules for your visitors and children on yourplot. For other plotholders, time spent on their plotmay be their only chance to have a quiet timethemselves. Show your visitors your boundaries

6 What you can and cannot do on your plot

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and explain that other plots are strictly off limits.Some sites may have community areas set asidefor barbecues; treat the area and equipment withrespect and leave it as you would wish to find. Besensitive to other people’s cultural practices andspace.

Sheds and greenhousesThese will provide you with shelter and storage.Some providers do not allow sheds orgreenhouses because of the visual impact. Manyhave rules regarding the size, shape, colour andlocation on your plot. You may need to apply to theprovider to install any shed, greenhouse orstructure; details should be in the rules.

PondsPonds can be very attractive and provide a habitatfor wildlife, but they can also present a danger tovery young children. The information pack, Healthand safety on allotments: A management guidepublished by ARI (see Resources), has a detailedsection about ponds on allotments.

SalesYou are not allowed to run your allotment plot as abusiness. Many plotholders donate surplusproduce to charities providing meals for thehomeless. You cannot sub-let your plot or sell it.

WaterSome providers do not allow hosepipes orsprinklers, other than to fill covered watercontainers. If hosepipes are allowed, you mustcomply with any imposed local restrictions; checkyour local rules.

BonfiresCan be a nuisance to neighbours and fellowplotholders and most providers apply strictconditions. Most common is a ban on bonfires atcertain times of the year (usually spring andsummer) or limited permission during certain hoursand weather conditions. Your provider’s insuranceor site association insurance may imposeadditional conditions on bonfires. The burning ofpainted timber, plastic and other non-vegetationmaterial can cause atmospheric and soil pollutionby heavy metals and other contaminants.

Compost and waste disposalCompost is a vital ingredient for your plot and itsproduction should be maximised. Green wasteshould never be burnt or put into trade waste. Youshould not bring items onto your plot unless youknow they will serve a useful gardening purpose,and you know how you are going to dispose ofthem appropriately. Your provider may providetrade waste bins or skips annually or moreregularly, to dispose of rubbish accumulated onsite. See Resources for organisations giving adviceon composting.

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BeesAllotments have a significant role to play inprotecting and promoting wildlife. Keeping beescan be a rewarding pastime and help to enhancelocal nature and wildlife. Many plants grown onallotments depend on insects to pollinate them inorder for there to be good crops.

If you wish to keep bees you should contact yourprovider in the first instance to find out about localrules. Some sites will not be suitable due to theproximity of footpaths or houses. Other sites maybe too insecure. If beehives are allowed, theagreement of adjacent plotholders will benecessary. The beekeeper must makearrangements to deal with the bees in his/herabsence leaving contact details readily available onthe allotment site.

Only beekeepers with reasonable experienceshould be given permission to keep bees on anallotment. As a minimum requirement, they shouldhold a Basic Beemaster Certificate awarded by theScottish Beekeepers Association demonstrating

practical and theoretical knowledge of keepingbees over two years. Public liability insurance willbe necessary and this can be obtained through theScottish Beekeepers Association or NSALG (seeResources).

Other livestockHistorically, by law, fowls and pigs have been kepton allotments. However, because of the currentshortage of allotment sites, decrease in the size ofindividual plots, and long waiting lists, the keepingof livestock is not usually possible. Your allotmentprovider will clarify local rules. If hens arepermitted by a provider, the plotholder must beable to attend to them daily, providing them withan appropriate environment and adequate generalcare. Vermin are attracted to hen food and canbecome a nuisance and health hazard to otherplotholders.

7 Beekeeping and other livestock

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The original statute relating to allotments is theAllotments (Scotland) Act of 1892. Much of it stillstands but various provisions of this act have beenamended and repealed by a series of later acts;most importantly the Land Settlement (Scotland)act of 1919, and the Allotments (Scotland) Acts of1922 and 1950. Allotments are also affected byother, general statutes, such as Planning Law andthe Human Rights Act, and by Common Law. Forexample, there is a common law duty of careowed by the occupier of land to visitors and theOccupiers Liability (Scotland) Act of 1960 adds tothis. These lay responsibility for injuries sufferedbecause of negligence onto the landlord andtenant of land. The Control of Pesticides(Amended) Act of 2008 places a duty of care onanybody using pesticides to store, use and disposeof them in a safe manner.

Local and central governmentresponsibilitiesThe allotment acts all definitively give the duty toprovide allotments and the powers to develop andmanage allotments to the local authorities. Theprimary power retained by central government is arequirement that government ministers should beconsulted (and presumably give approval) beforecertain actions are carried out.

Since devolution the Scottish Government hascontinued with the policy that allotments are alocal matter, best dealt with by local authorities.However, it has signalled its approval of allotments

by specifically mentioning allotments in ScottishPlanning Policy 11 and Planning Advice Note 65.Allotments are also contained in a strand of theFood and Drink Policy 2009. In addition there are anumber of Acts which impose duties on localauthorities with respect to measures to create andmaintain green space, to reduce carbon emissionsand have regard to the health and well being ofresidents in the area. It can be argued that theseduties can, at least in part, be simply andeconomically carried out by the provision andpromotion of allotments and gardens. Examples ofthese Acts include the Climate Change Act 2009,Local Government in Scotland Act 2003 and theassociated guidance note on Power to AdvanceWell-being.

Duties imposed on local authoritiesby the actsThe local authority has a duty to consider providingallotments if six or more residents of the localauthority area can prove that there is a demand. Inthis case it must either purchase or lease sufficientland to provide allotments and let these toresidents in its area. When an authority providesan allotment site it may also provide access bypaths and/or roads to the site. The Acts do notprovide a timescale for the provision of allotments.(Allotments (Scotland) Act 1892, Allotments(Scotland) Act 1922)

The local authority must keep a register ofallotments, showing their location, and status as

8 Protection and legislation

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let or unlet. It must also publish annual accounts ofallotment expenditure and receipts. The registerand accounts must be freely available to residents.The rent an authority charges should be a fair rent,but there is also provision for reduced rents whereappropriated. (Allotments (Scotland) Act 1892,Allotments (Scotland) Act 1950)

Powers of local authorities‘Powers’ are activities that the local authority isallowed to carry out and to spend tax moneywhere necessary to carry out these activities.Many local authorities are publishing allotmentstrategy documents which are essentiallystatements of how they intend to implement theirpowers with respect to allotments.

A local authority can improve an allotment sitethrough providing, for example, fencing, hedging,access paths or anything the authority deemsappropriate. It can also spend money onmaintaining these improvements. (Allotments(Scotland) Act 1892)

A local authority can make any regulations itdeems appropriate with regard to the rental,management, and cultivation of allotments. Theonly restriction on this (apart from conforming tolaw) is that the regulations must be approved bythe Scottish Minister before they can be enforced.The regulations must be made available forinspection by residents. The local authority canalso devolve the management of allotments downto appointed managers. These managers can belocal residents (presumably normally plotholders)or a combination of residents and council officials.(Allotments (Scotland) Act 1892)

The local authority can spend money on buyingtools and seeds to sell on to plotholders, canfinance awards for good cultivation andmanagement of allotments and can finance eventsto disseminate good practice in cultivatingallotments. (Allotments (Scotland) Act 1950)

Termination of allotment leasesWhere the local authority wishes to terminate thetenancy of land used as an allotment it must givethe tenant a minimum of 12 months notice toexpire on or before 1 May or after 1 November inany year.

If a tenant fails to pay rent or to cultivate theallotment in accordance with the regulations thenthe local authority can terminate the lease on onemonths notice

In both these cases the tenant is entitled tocompensation for loss of crops and is entitled totake away any buildings (for example, sheds) orfruit trees before the termination of the tenancy.

Tenants restrictionsThere are various restrictions applicable to tenantsof an allotment garden. For example, a tenant isnot entitled to sublet an allotment and there areonly a few types of building permitted on anallotment. The tenant must also not live more thanone-mile outside the local authority district,otherwise the local authority is entitled to servenotice of termination.

Use of schoolroom free of chargeUnder the Allotment (Scotland) Act 1892 section15, you may be able to use school rooms free ofcharge for allotment meetings.

InsuranceThe occupier of land, i.e. the allotment tenant, theallotment managers and the land lord all have acommon law duty of care to visitors to the plot orsite. This means that site associations andindividuals may be liable to pay compensation forinjuries arising to visitors through their negligence,for example failure to maintain equipment.Allotment providers have a duty of care to theirplotholders and Public Liability Insurance is a legalrequirement. Devolved management allotmentassociations operating under a lease should checkthe terms of their lease to establish ifresponsibility for purchasing insurance lies with theprovider or the allotment association.

SAGS has produced a briefing paper, ScottishAllotments Legislation which gives an overview ofthe Allotments (Scotland) Acts. It is available from:www.sags.org.uk

The full text of the Allotments (Scotland) Acts canbe viewed free on the Office of Public SectorInformation website: www.opsi.gov.uk


This section aims to give a few simple pointersbased on the experience of real people who havestarted from scratch, just like you.

CommitmentThe first thing to realise is that having an allotmentcan be a wonderful experience. The more effortyou put into it, the more you’ll get out. At the veryleast, you will need to be able to commit severalhours regularly each and every week, come rain orshine, winter and summer. Hopefully you’ll enjoy itso much that you will spend much longer.

If you have to go on a waiting list, learn aboutgrowing while you wait. There are plenty of booksand magazines that give simple month-by-monthguidelines on what to grow and when. Localgroups may run classes and workshops. When youare planning what to grow, bear in mind that theScottish summer is shorter and cooler than in thesouth of the country. The best advice is often fromother gardeners, always remembering that there isusually more than one way of doing things.

Your plotFirst check your new plot for hazards, althoughyour allotment provider should do this before it isleased to you. Be on the lookout for anything frombroken glass to barbed wire, rusty nails, bramblesand nettles. If you have children, wait until you arehappy that they will be safe before bringing themalong.

Start with getting some basic tools for the job,including protective gloves and sturdy footwear. Allgood hardware stores and garden centres have arange of tools. Spend more on a few decent toolsrather than buying lots of cheap ones. Start offwith just one or two essentials such as a diggingfork and hoe, you can add more later on.

Sometimes getting the whole plot under control atonce may be too much. Clearing your plotsystematically a little at a time is often moreuseful. This way you’ll concentrate your efforts ona patch that can become productive quickly. Assoon as you have dug over an area, get somethingplanted in it. If you don’t, the weeds will quicklygrow back. Small beds with paths in betweenenable you to prepare only the soil that you aregoing to grow in. Start off modestly by plantingsome ‘pioneer crops’ like potatoes, which aresimple to grow and help break up newly cultivatedsoil.

You can cover (mulch) areas that are waiting to becultivated to suppress the weeds making it easierto deal with later on. There are a variety ofmethods of mulching, from spreading recycledorganic materials to covering the ground with blackplastic membrane. Growing ‘green manures’which are dug back into the soil will help tosuppress weeds and add to fertility. Do not usecarpets - some of the dyes carry toxins and the

9 How do I get started?

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warm area underneath provides a haven forundesirables such as slugs, snails and other pests.

Identifying weeds can be difficult when you arenew to gardening. Other plotholders will help you.Some weeds are more persistent than others. Forexample, the roots of docks, nettles, horsetail andcouch grass have to be dug out carefully or theywill re-grow. Seeding weeds, such as dandelionsand rosebay willow herb, will be a nuisance to youand your neighbouring plotholders and should beremoved before they can seed. One year seedingequals seven years weeding, is very true! Waituntil all the weeds have been removed beforeplanting fruit bushes and other permanent crops.

It is important to try to reduce consumption ofmains water. You can collect rainwater in waterbutts and minimise consumption by mulching yourcrops and using a watering can when necessary.

Composting is an effective and environmentallyfriendly way of recycling organic waste from theplot and from your kitchen which is central to allallotment gardeners. Most local authorities haveschemes selling inexpensive compost bins, or youcan build your own using recycled materials suchas pallets. You will probably find you need several.

Homemade compost will help improve the fertilityand structure of your soil. Do not put seedingperennial weeds on the heap as they may re-growwhen you spread the compost on your plot. Yourallotment provider or association may be able toprovide advice on composting techniques, andthere are organisations offering advice on theinternet (see Resources).

Taking on an allotment is a long-term commitment.Do not be discouraged when things do not goaccording to plan. Even experienced gardeners canget it wrong. The weather plays an important part.Celebrate your successes and enjoy the fruits ofyour labour. Invite your family and friends round tohelp harvest and eat what you have grown.

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10 ResourcesScottish Allotments and Gardens Society

(SAGS)

A voluntary organisation representing allotmentgardeners in Scotland. Affiliated to NSALG (seebelow). Membership includes people withwide experience of allotment management andregeneration who can offer individual help andadvice on request.

email: [email protected]: www.sags.org.uk

Allotments Regeneration Initiative (ARI)

Supports and develops allotments regenerationand the creation of brand new allotment sitesin the UK.

Tel: 0117 963 1551email: [email protected]: www.farmgarden.org.uk/ari

Federation of City Farms and Community

Gardens (FCFCG)

Supports, represents and promotes community-managed farms and gardens across the UK.

Tel: 0117 923 1800email: [email protected]: www.farmgarden.org.uk

Trellis

Supports health through horticulture.

Tel: 01738 624 348email: [email protected]: www.trellisscotland.org.uk

National Society of Allotments and Leisure

Gardeners (NSALG)

A full time professional organisation representingthe interests of allotment gardeners throughoutthe UK. Manages specialised insurance and legaladvice schemes for members as well as a cheapseed scheme and gardening advice.

Tel: 01536 266576 email: [email protected]: www.nsalg.org.uk

Garden Organic (formerly HDRA)

A charity which aims to research and promoteorganic gardening techniques. Offers advice on awide variety of related topics.

Tel: 0247 630 3517 email:[email protected]: www.gardenorganic.org.uk

Macaulay Institute

Centre for research on land use based inAberdeen. Its commercial arm, Macaulay Soils willsupply kits for DIY soil testing or do a detailed soilanalysis for you.

website: www.macaulaysoils.com

Royal Horticultural Society

Leading UK gardening charity dedicated to advancinghorticulture and promoting good gardening. Supportsgardening education in schools, conducts researchon plant varieties, runs demonstration gardens, offersadvice to members and non members, approvesjudges for gardening shows.

Tel: 0845 260 2000 email: [email protected]: www.rhs.org.uk/home

Royal Caledonian Horticultural Society

Based in Edinburgh with Scotland-widemembership. Offers lectures and workshops andruns a demonstration allotment. Annual awards forcontributions to Scottish Horticulture.

website: www.rchs.co.uk

Waste Aware Scotland

Has information on composting on its website andruns Master Composter Scheme with trainedvolunteers to encourage home composting.

website: http:wasteawarescotland.org.uk

Beechgrove Garden

A BBC Scotland programme with associatedwebsite and fact sheets specifically aimed atgardening in Scottish conditions.

website: www.beechgrove.co.uk

Scottish Education and Action for Development

(SEAD)

An organisation which aims to tackle the causes ofpoverty, social injustice and environmentaldegradation and to support community based actionfor positive social change. Has a comprehensive listof bodies prepared to fund small community groups,including allotment associations.

website: www.sead.org.uk/resources/community-action-toolkit/funding-sources

Growing Communities in ScotlandSupporting Scotland’s therapeutic,community and allotment gardens

Documents

Scot plot guide Q3:layout 7