Huts on Site

[polc1410]

Assume you are with Troon Allotment Society. Looking at their 2010 rules it doesn't say you need planning permission, but it does say you need written permission from the "Head of Planning and Transportation" but that is also who you can apply for a plot with so I'd assume that meant you need the "landlord's" permission which seems quite common.

Anyone ever challenged it and just built something?

You might want to check with the NSALG they have supported a previous legal challenge. Sussex Associations of Local Councils
Bear in mind you live in a different country and you may well have different laws... ...remember that when you vote next year ;-)

[Sheneval]

I Polc - Thanks for your response Yes with Troon - One or two members have made the approach and been told they need to pay planning fee of �200 - appliations for plots are not made to Planning Dept - but to the Parks and Landscape Dept - they can also be made directly to the Allotment Society who pass it on to the individual who manages the lets and keeps the lists.

There are only a handful of full plots on the site and even these are just 150sqm rather than the standard 250sqm that applies on many sites therefor those interested in a shed accept that it would have to be located along the boundary as opposed to on their own plot.

I will check with the Scottish Allotment Society to see if they have any experience of this although all the other Ayrshire sites seem to have sheds some supplied by the Local Council.

I doubt if my vote in the referendum later this year will be influenced by what happens on the allotment - although I am aware some here may think it is sacrilege to say so there are many more important issues to consider

[grahamR]

Sheds and greenhouses are natural to allotments. However, i've come across different rules in different places. Some landowners (usually Councils) require their specific permission, others are happy to rent sheds, others give a basic permission. I think much the same applies to fences. As the landlords, they have the final say. Ours used to require applications, but neglected to enforce the policy - with some "not-good" results. When our Association took over management, we insisted that permission for one shed and greenhouse per plot was written into the site lease - with size limits, of course. If anyone wants more then they must apply to the Parish Council themselves (but keep us informed).


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[binley100]

We must be the easiest going lottie site in the country .......we can have sheds, gh's, poly's , chicken coops all within reason ...... oh and stuff which grows for more than two years .......

[out in the cold]

Shen, I used to be a bit of an authority on the building regs in Scotland up to about the late 1990's.

Are you North or South Ayrshire there? I know from a friend that lives in Largs that North Ayrshire used to insist on asking people to make a planning application in situations where the building regs preclude the need to do so, such as garages over 1.5 metres away from other buildings and boundaries, and satellite dishes under 1.2metres in diameter. IIRC they were found out when someone stood their ground and took them to court for operating a "sharp business practice".

Basically the council operates the scheme as a nice little earner to help swell their coffers, and were instructed by a judge to cease the practice, and act as the arbiter of the Building Regulations "as written".

Unless they have made a major change in they requirements (and these regs had been the same since the 1950's with only minor alteration to the distance stated) a shed is a "free standing structure of temporary nature" unless it is within about 4ft (or thereabouts) or either boundary or

[out in the cold]

Continues... (sorry having issues posting via my phone)

Boundary or permanent structure.

About the only legitimate way they can ask for planning permission is if they class each and every plot on site as having seperate boundaries, which would be unusual, as it would have to be listed as a seperate site in order to do this.

[Aberdeenplotter]

section 7 5 allotments scotland act 1892 reads as follows - "No building other than a toolhouse, shed, greenhouse, fowlhouse, or pigsty shall be erected on any part of any allotment and if any building other than as aforesaid is so erected, the local authority shall forthwith pull down such building and sell and dispose of the materials thereof, and the proceeds of the sale shall be applicable in like manner as the rent of the allotment. If any building so allowed to be erected is erected upon an allotment, then at the end of the tenancy neither the local authority nor the incoming tenant shall be bound to take any such building or pay any compensation therefor, but the outgoing tenant shall be at liberty, before the expiration of his tenancy, to remove the same, and, if he fails so to do, the local authority may, after such expiration, pull down the building and dispose of the materials, and apply the proceeds in like manner as if it were a building prohibited to be erected."

The local authority may make regulations in terms of section 6(1) of the 1892 Act and may restrict the size and construction materials etc.

I suggest that if you want a shed or/and a greenhouse and don't want to go through the expense, contact your local authority and point out the legislation. Ask your MSP for help if the local authority plays silly beggars.

[Sheneval]

Ap - many thanks

I don't know if you are aware but Scottish Government is currently consulting on a number of issues including future legislation for allotment and want responses by 24th January - I only found out about this yesterday.

Consultation on the Legislative Framework Governing Allotments

A Consultation on the Legislative Framework Governing Allotments was published in April 2013 and closed on 24 May 2013. We have now published both the Analysis Report and Consultation Report resulting from this consultation.

The Analysis Report looks in detail at the responses to the consultation and provides an analysis of the views of particular groups, highlighting trends and issues where appropriate. This report can be found at:

Consultation: The Legislative Framework Governing Allotments - Analysis Report


The Consultation Report provides an overview of the consultation responses and outlines our proposals for change. This report can be found at:

Consultation: The Legislative Framework Governing Allotments - Consultation Report



The responses to the consultation are still available online and can be found at:

Consultation on the Legislative Framework Governing Allotments - Responses

[Sheneval]

Continues... (sorry having issues posting via my phone)

Boundary or permanent structure.

About the only legitimate way they can ask for planning permission is if they class each and every plot on site as having seperate boundaries, which would be unusual, as it would have to be listed as a seperate site in order to do this.

Thanks for this info - you will see from my response to AP that new Regulations are currently under Consultation - I will raise this issue as part of my response to this paper but I appreciate your advice.

[out in the cold]

Cheers for the info about the new legislation. I didn't know about it either

[Snadger]

We have the 'Three foot rule' (not 1 metre, metrication hasn't reached tyneside yet!) Anything above this height has to have permission.

[Aberdeenplotter]

Cheers for the info about the new legislation. I didn't know about it either

Ap - many thanks

I don't know if you are aware but Scottish Government is currently consulting on a number of issues including future legislation for allotment and want responses by 24th January - I only found out about this yesterday.

Consultation on the Legislative Framework Governing Allotments

A Consultation on the Legislative Framework Governing Allotments was published in April 2013 and closed on 24 May 2013. We have now published both the Analysis Report and Consultation Report resulting from this consultation.

The Analysis Report looks in detail at the responses to the consultation and provides an analysis of the views of particular groups, highlighting trends and issues where appropriate. This report can be found at:

Consultation: The Legislative Framework Governing Allotments - Analysis Report


The Consultation Report provides an overview of the consultation responses and outlines our proposals for change. This report can be found at:

Consultation: The Legislative Framework Governing Allotments - Consultation Report



The responses to the consultation are still available online and can be found at:

Consultation on the Legislative Framework Governing Allotments - Responses

I am aware Shen but until things change and that could take years, if in fact they change, local authorities in Scotland are bound by the existing legislation. A shed on a plot adds so much character and it is something you are legally entitled to have. The law makes it clear you can erect a shed. Go for it but gently. That's why I suggested you enlist your MSP's help