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Publication - Consultation paper

Allotments guidance for local authorities: consultation

Published: 25 Jun 2018
Part of:
Communities and third sector, Public sector
ISBN:
9781787810044

Consultation on draft statutory guidance for local authorities relating to certain sections of Part 9 of the Community Empowerment (Scotland) Act 2015 - Allotments.

Contents
Allotments guidance for local authorities: consultation
4. Section 114 – Access to allotment and allotment site

4. Section 114 – Access to allotment and allotment site

Legislative background

4.1 Section 114 places a duty on local authorities to provide reasonable access to allotments and allotment sites that it leases to tenants.

Section guidance

4.2 Reasonable adjustments should be made in order that all tenants, including those with a disability, have physical access to their allotment. When considering what reasonable adjustments to make or reasonable access to provide, the authority should have regard to its obligations under the Equality Act 2010.

4.3 It may not always be possible to provide full access to an allotment site, for example due to the terrain on or near to a particular site, the limited size of an allotment or site, or parking or access difficulties to a particular site. However local authorities must make all reasonable attempts to make allotment sites and allotments as accessible as possible.

4.4 Local authorities should consider what might be considered reasonable in the circumstances, what reasonable adjustments they may be expected to make, or reasonable access they may be expected to provide.

4.5 For example it might be considered reasonable for local authorities to :

  • Ensure that access tracks or paths to allotment sites are likely to be accessible during adverse weather, e.g. tracks or paths are not overly muddy during periods of heavy rain;
  • Ensure that paths, roads and tracks in and around the allotment site and allotment are well maintained and compliant with the authority's obligations under the Equality Act 2010;
  • Provide accessible allotments and raised beds near hard standings at the entrance to allotment sites or at other suitable locations on the site;
  • Provide secure handrails on slopes, steps and other appropriate places in and around the allotment site and allotment ;
  • Consider installing a seating bench / rest area in or close to accessible allotments;
  • Ensure that paths or tracks to the allotment site and paths within the allotment are sufficiently wide to enable easy access and movement around the accessible allotment;
  • Where practicable, provide car parking close to the site entrance.

Question 7 Is section 114 of the statutory guidance clear and understandable, to allow the local authority to deliver its statutory obligations under Part 9?

Yes
No

If no, i.e. you consider that the guidance is not clear and understandable, please tell us why you think this, and how it needs to be improved. Please include the relevant paragraph numbers in your response.

Question 7 comments:

Question 8 Are there any gaps or omissions in section 114 of the statutory guidance?

Yes
No

If yes, i.e. you consider that there are gaps or omissions, please tell us what you think is missing. If appropriate, please include the relevant paragraph numbers in your response.

Question 8 comments:


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