Allotments: guidance for local authorities

6. Section 117 – Disposal etc of allotment sites owned by local authority Section 118 – Disposal etc of allotment sites leased by local authority

Relevant legislation

6.1 Section 117 applies where a local authority owns an allotment site. If a local authority wishes to change the use of, or dispose of, the whole or part of such an allotment site, before doing so the local authority must obtain the consent of Scottish Ministers (subsection (2)). 

6.2 Section 118 applies where a local authority leases an allotment site. If a local authority wishes to renounce its lease of the whole or part of an allotment site, before doing so the local authority must obtain the consent of Scottish Ministers (subsection (2)). In addition, if a change of use is permitted by the lease, the local authority may not change the use of the whole or part of an allotment site unless the Scottish Ministers consent (subsection (3)).  

Section guidance

6.3 The purpose of sections 117 and 118 is to protect allotment sites situated on land owned or leased by a local authority from closure and to otherwise prevent loss or change of use of such allotment sites.  

6.4 Whether the consent of the Scottish Ministers is required would depend on the circumstances. In particular in relation to allotment sites owned by a local authority, the Scottish Ministers anticipate that consent would be required under section 117 in order to proceed with the following acts:

• sale of all, or part of, the allotment site;

• change of use by the local authority of all, or part of, the allotment site; and

• grant of a lease (including grant of a lease to satisfy an asset transfer request made under Part 5 of the Act) of all, or part of, the allotment site where this will involve a change of use of the area of the allotment site that is proposed to be let.