Appendix 1 - Allotment Site Regulations
Perth and Kinross Council · 26 March 2025
Back to Housing and Social Wellbeing Committee — 26 March 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Appendix 1 ALLOTMENT SITE REGULATIONS These Regulations apply to all allotment sites on land owned or leased by Perth and Kinross Council (the Council). Failure by Community Allotment Associations (CAAs) or plot holders to comply with the terms of these Regulations shall be a breach of the Regulations and may result in the plot holders being subject to termination of their tenancy agreement for the allotment plot or the Allotment Association being subject to termination of the lease of the allotment site. Reasonable amendments will not be unduly withheld and should be incorporated into the lease. 1. Allocation of allotments 1.1 A request to lease an allotment plot shall be made to the CAAs by submitting an application stating requirements of growing area and any provisions, including a request for an accessible plot or alterations due to a disability, in accordance with the CAA’s own rules and regulations. 1.2 Eligible applicants must be a resident of the Perth and Kinross Council area. CAAs may make additional location criteria with the prior agreement of the Council. 1.3 Joint tenancies are permitted and will be managed accordingly by the CAAs. 1.4 The plot shall be allocated by the CAAs to the plot holder by managing a waiting list on a first come first serve basis and will have regard to the size of plot requested and any other specified provisions. 1.5 The Secretary of the CAAs will maintain an accurate waiting list of members and report their waiting list figures to the Council on a biannual basis in May and December and when otherwise required. 1.6 All eligible persons who apply for an allotment shall be placed on the waiting list for the allotment site requested. 1.7 The waiting lists shall remain open to new applicants irrespective of the length of the waiting list. 1.8 Plot holder tenancy agreements will be offered following the procedures reasonably determined by the CAAs. 1.9 Any plot holder who does not wish to renew their tenancy must give at least one month notice in writing. 1.10 If it appears to the CAAs that there has been a breach of the conditions of these rules and regulations by the plot holder, or rent or any part thereof is in arrears, the CAAs will follow its own procedures, which may result in ceasing the tenancy agreement. In such circumstances the CAAs will follow their own procedures of enforcement. If such measures are unsuccessful, the Council will refer to the steps laid out in Part 9 Section 126 in the Community Empowerment (Scotland) Act 2015.
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2. Rent 2.1 The CAAs shall be responsible for setting the annual rent for each individual plot, which shall be disclosed to the Council at the end of each financial year for the Annual Allotment Report. 2.2 The CAAs shall determine a fair rent that takes account of services, the costs of providing those services, the circumstances that affect, or may affect, the ability of a person to pay the rent payable under the lease of an allotment and the size of an allotment plot leased to a plot holder. 2.3 Plot holders shall pay the rent to the CAAs on the date specified by the CAAs, which will be agreed upon at the start of the plot holder’s tenancy. 2.4 The CAAs may decide to set a timeframe for the rental agreement, with prior agreement with the Council. The plot holder must have the option to extend the rental agreement. 3. Cultivation of allotments 3.1 The plots shall be used wholly or mainly for the growing of fruit, vegetables, herbs or flowers. 3.2 The plot holders shall ensure their plot be kept as weed free as possible, so that they do not adversely affect any other plots. 3.3 Trees may be planted to the number and height restrictions determined by the CAAs, be maintained within the allotment plot and shall not cast shade on neighbouring plots. 3.4 The CAAs will decide the appropriate level of cultivation expected from its plot holders, written in the CAAs own rules and regulations, with prior written warning if cultivation standards are not met. 3.5 Cultivation of plots should not result in the encroachment on surrounding plots; the branches of any hedges or trees should not shade any plots, no roots should grow into any surrounding plots. 4. Maintenance of allotments 4.1 Allotment plots must be kept in a good and tidy condition and as weed free as possible; plants should be cultivated and harvested and not left to rot; structures to be kept in good condition and any sheds or polytunnels kept water and wind tight. 4.2 The plot holders shall be permitted to create a compost making facility on their plots using green waste generated from the plots and/or make use of communal composting bins. Any non-recyclable waste generated by the CAAs and the plot holders shall be removed from the ground leased and disposed of in accordance with the Council’s Recycling Guide. 4.3 The plots shall not be used for the growing and/ or storage of prohibited, illegal or hazardous plants or any illegal materials. 4.4 Plot holders will be responsible for the surrounding paths keeping them weed and obstruction free. 4.5 Any sharp tools, pesticides, fertilisers, glass, fuel or any other hazardous materials and substances required on the ground leased shall be stored according to all relevant statutory or other regulations.
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4.6 Plot holders shall be responsible for ensuring that any pest and disease control is carried out on their plot and is as organic as possible. 4.7 Rainwater collection and the use of water butts is encouraged with the responsible storage of water to avoid the risk of water-related diseases by keeping water temperatures below 20oC and scrubbing any vessels holding water at least once a year. Where mains water taps are present, plot holders should use water with care and use sparingly. CAAs will cover the costs of mains water access into the cost of the rent. 4.8 Allotment plots must be left in an acceptable condition for the next plot holder. The CAAs will decide the extent that the ground is to be prepared for the next plot holder. If costs are incurred in bringing an allotment plot up to an acceptable condition, the CAAs may decide to recover these costs from the previous plot holder. 5. Maintenance of allotment sites 5.1 CAAs shall provide adequate and accessible paths within the ground leased, to allow free passage between each plot. 5.2 Plot holders must help to ensure that any part of the allotment site not used for allotments, and any unused allotments, are maintained in a neat and tidy condition and free from weeds and debris. CAAs can organise the communal work in whatever way they deem suitable. 5.3 CAAs and plots holders shall not be permitted to cut down or prune and/or lop any trees, out with the plots, without the Council’s permission. Any material arising because of pruning and/or lopping shall be disposed of as previously mentioned in paragraph 4.2. 5.4 Plot holders shall ensure that any soil, mud and debris that has been carried on to access paths, the public footpaths or surrounding roads is cleaned up in so far as reasonably practicable. 5.5 Plot holders shall not obstruct or store any materials on any access paths. 5.6 The CAAs shall ensure that all aspects of their use of the ground leased always comply with all legislation (including without prejudice to the foregoing generality, Planning legislation) relevant to the use. 6. Buildings and other structures 6.1 The CAAs may allow individual plots holders to build sheds, greenhouses and polytunnels, to a maximum size in accordance with the CAA’s further rules and regulations, on their plot in accordance with planning legislation, making sure any structures do not cast extensive shadow on neighbouring plots. 6.2 The CAAs shall ensure that all necessary statutory and other consents (including planning permission) are obtained for a communal greenhouse and all other buildings and structures erected on the ground leased. 6.3 Fencing around plots will be agreed upon prior by the CAAs, who may enforce height and material restrictions. The upkeep of any fencing around plots will be the responsibility of the plot holder. 6.4 Barbed wire and razor wire are not permitted on an allotment plot or on the allotment site.
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7. The keeping of livestock (including poultry) 7.1 No animals, domestic fowl, or pigeons shall be kept on the ground leased. 8. Landlord inspections 8.1 Plot inspections will be carried out by the CAAs to assess cultivation standards to a frequency decided by the CAAs. 8.2 The Council can inspect the allotment site with prior written notice to the CAAs. 9. Acceptable use of allotments and allotment sites 9.1 Whilst on the premises, plot holders shall not cause fear, alarm, disruption or make any noise, smoke or smell that causes nuisance or annoyance to any other plot holders or surrounding properties nor do any other act which, in the reasonable opinion of the Council might be dangerous or prejudicial to the CAAs, other plot holders or owners of neighbouring and surrounding residents. 9.2 Plot holders are not permitted to sleep overnight either on their allotment plot or in any building on the allotment site. 9.3 Any friends or family visiting the site must not be a nuisance to other plot holders or visitors. The plot holders are responsible for any visitors they bring on site and children must be supervised at all times. 9.4 Plot holders may not operate business from a plot or the allotment site. This includes the use of the allotment to accommodate/ store materials, plant, or machinery in relation to any other venture other than the allotment. 9.5 Other than being permitted to let the individual plots, the plot holder shall not sub–let the allotment site without prior agreement from the CAAs. 9.6 Plot holders shall not take or sell any material from the allotment, soil, sand, gravel or clay without the prior written consent of the CAAs. 10. Liability of loss of or damage to property 10.1 The plot holders are responsible for their own property kept on the site and shall be held responsible for any damage they have caused to the CAA’s or Council property. Plot holders will look after the property of others as they would their own. 10.2 Where applicable, plot holders will pay a refundable deposit for a key, and it will be the responsibility of the plot holders to ensure any gates are locked at the times specified by the CAAs. 10.3 The CAAs and the Council are not responsible for any damage, theft or loss of any objects or materials of the plot holder. 11. Sale of Surplus produce 11.1 The plot holder shall not be permitted to use the ground leased for any commercial purpose. The sale of produce is permitted on the premises for the purpose of any funds going back into the maintenance/ improvement of the site. Such activities will be organised by the CAAs.
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12. Disputes 12.1 Any disputes between plot holders or any other occupier of an allotment plot shall be reported to the CAAs for resolution in the first instance. 12.2 Either the plot holder or the CAAs may raise a concern with the Council by writing to the Community Food Growing Officer at allotments@pkc.gov.uk, who will seek to resolve the dispute. 12.3 Where a plot holder is not abiding by allotment regulations, and the dispute cannot be resolved amicably, the CAAs may seek to terminate their lease (see 1.10). 13. Additional regulations which may be applied on a site by site basis CAAs can choose, with the agreement of the Council, which of the following will apply to their site. Bees Plot holders shall not keep bees on the allotment plot. Or Beehives will be permitted on allotment plots, however numbers will be limited per site at the discretion of the CAAs. The expressed consent of the CAAs must be sought to keep bees. Beekeepers must have a relevant certificate or qualification or be able to demonstrate adequate experience to the CAAs. Location of the beehives must be with the expressed consent of the CAAs taking in to account the impact for other plot holders and neighbours. Burning and Bonfires No bonfires or burning of waste shall take place on the allotment site. Or No bonfires shall take place, however, with prior written permission from the Council, the use of a small incinerator to burn dried, organic waste may be used, ensuring there are no winds and no nuisance to surrounding plot holders or neighbours. The time and location for the use of the incinerator will be agreed in advance by the CAAs. Dogs No dogs shall be allowed on the allotment site unless a guide dog or hearing dog. Or Dogs shall be permitted on site on a lead and shall be kept to paths and within the dog owner’s plot, with all fouling removed immediately by the owner. The CAAs will have no responsibility for any harm sustained to a dog that is brought on site.