Commentary on Sections Request to lease allotment
379.Section 109 makes provision relating to requests to lease allotments. Subsection (1) provides that a resident of a local authority area may make a request to lease an allotment from that local authority or sublease an allotment from a tenant of the authority to whom the authority has leased an allotment site.
380.Subsection (2) provides that this request must be in writing and include the name and address of the applicant. Regulations may also set out further information that must be included in the request. Subsection (8) provides that, before making these regulations, the Scottish Ministers must consult local authorities and any other person appearing to have an interest.
381.Subsection (3) provides that the person making the request must specify the area of allotment sought if it is less than 250 square metres.
382.Subsection (4) makes provision for requests for allotments by disabled persons and allows details of any additional requirements regarding access to and adaptation of the allotment or site to be provided in the request. For example, a need for adaptations such as raised beds and wider paths should be specified.
383.Subsection (5) provides that a request for an allotment may be made even if the local authority does not currently provide allotments in their area. A joint request for an allotment may also be made by two or more persons provided that each of the applicants are all resident in the relevant local authority area (subsection (6)).
384.Once a request is received, the local authority is under a duty to acknowledge the request in writing within 14 days (subsection (7)).