[spider]

Thanks for the links,
I've read them so many times, just don't think the council has

The written consent is a bit of a joke, as they have been trying to remove the chickens for the past 15 years.

The letter states "we have been made aware of a number of plots with poultry on them",
it's not even a complaint

Spider

[makum]

The Daventry town council on one hand allow the keeping of hens/rabbits, but on the other hand try and charge a bond/deposit of £150. This is my own fault for being curtious and informing them of my intentions. I'm now keeping hens, and have told them on many occaisions (in writing) that I won't pay. The charge deposit is putting many people off hen keeping.
I spoke with lawyer (for free) and he said they have no way of enfocing the plot holders to pay.

[hillfooter]

Personally spider I'd suggest you simply write back to whoever sent this letter stating that under the allotment act 1950 (state the exact act and reference para) that you have a statutory right to keep hens on an allotment and any attempt to prevent you is an illegal attempt to deprive you of your statutory rights. 

Attempting to deprive you of your rights is in fact an offence so they should take that pretty seriously.  Do not at this stage offer to make any concessions but be prepared to make some concessions (not keeping cockerels for example and limiting the number of hens (make sure this isn't too low as you may need to keep more in the future).  If they see sense they will probably want to gain some concessions just to keep face so don't give away your bargaining position until they ask ie don't write offering anything.  Also don't broaden the issue by mentioning nuisance or public health issues or engaging in a correspondence with officers responsible for these aspect but ensure you are sound on these so you can respond if they should raise them.

I'm not a lawyer but I'd be very surprised if a local bylaw can deprive you of a right conferred through a national statute law.  For example as a consumer you have certain statutory rights from the sale of goods legislation.  A local council can't take them away by passing a bylaw depriving you of those rights for goods bought in the town market.  Neither as a matter of fact can you waive those rights by signing a contract (agreement, deed, covenant etc etc).  Even if you do sign a tenancy agreement agreeing not to keep chickens it is unenforceable


HF

[Lewjam]

As a note:  This post is from Jan 10.  Judging by the fact it has 17 comments and over 2000 views, i would guess it keeps getting bumped due to google spitting it out to people searching for the same subject!

I would be interested what became of this with Spider?

Lew

[spider]

The council came visiting with a delegation, which included a vet and I think but not 100% sure someone from DEFRA.
I think the council were thinking they would find maltreated birds, but the vet commented on how healthy the poultry were. One of the party didn't know the difference between a hen and a cock, told me my White Stars were cocks, yep cocks that lay eggs I said.

Another local allotment was having the same threats from the council, but they were members of NSALG, I was told a guy called Bryn Pugh, a legal rep from NSALG came up and sorted the council out 

We've had a couple more visits from the RSPCA and both times the inspector has been satisfied with the conditions and health of my hens
Someone still seems to hold a grudge

No more threats from council since Bryns visit, hopefully we will be left in peace.

Spider

[Aunt Sally]

What a brilliant result.  Well done spider

[bantam novice]

Great result, Spider.   

[hen maiden]

 This is a bit of The Allotment Act 1950. It is an act of parliament and therefore over rules any council rules. Hens only though.

Abolition of contractual restrictions on keeping hens and rabbits

12 Abolition of contractual restrictions on keeping hens and rabbits.

(1)Notwithstanding any provision to the contrary in any lease or tenancy or in any covenant, contract or undertaking relating to the use to be made of any land, it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:

Provided that nothing in this subsection shall authorise any hens or rabbits to be kept in such a place or in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment.

[makum]

Good news for would be hen keepers and egg producers of the DAVENTRY ALLOTMENTS.
After a barrage of letters of complaints (from myself) to the Daventry Town Council they have decided not to charge plot holders a bond/deposit of £150. RESULT. thanks to all that supported me in this. It took 1/2 a dozen or so letters and 4 1/2 months to achieve.

[hillfooter]

Good news for would be hen keepers and egg producers of the DAVENTRY ALLOTMENTS.
After a barrage of letters of complaints (from myself) to the Daventry Town Council they have decided not to charge plot holders a bond/deposit of £150. RESULT. thanks to all that supported me in this. It took 1/2 a dozen or so letters and 4 1/2 months to achieve.

Great result and also an instructive lesson to others that knowing the law and persistence does pay. 

When we moved to our current home many years ago we had a problem with the road along side our land.  As we were a little way out of the village the 30mph signs stopped about 400 metres from us and as we lived at the foot of a hill (hence name) traffic passed our door at great speed.  Having horses we often needed to take them across the road as well as pull out of our drive. 

One day we very nearly had a serious accident when a mad motorist lost control and crashed into the bank just by our house narrowly missing us and in another incident a friend of ours, a village local, was struck a glancing blow while crossing, by a driver speeding on the wrong side of the road.   We decided we needed to get active.

We were told by the chairwoman of the parish council that planning law wouldn't allow an extension.   We were given all sorts of fiction and half truths to discourage us as her personal agenda was to resist any attempt to extend the village boundaries.   She thought extending the speed limit might be an excuse for in fill.  We persisted and after several letters and knowing the law and how sensitive the council was about road accidents we succeeded after about 18 months in getting the 30 limit extended and horse warning signs erected too.  Much to the surprise of the locals. 

I've had some experience of such campaigns in the past and had succeeded in getting the council to add traffic roundabouts pedestrian islands and traffic light changes on a dangerous stretch of road.  That took a local publicity campaign supported by local radio interviews and numerous letters badgering authorities including the police before we finally got them to action it.

If you have a good case and the energy and persistence to keep up the pressure you can succeed when local doomsters sit on their hands and say nothing can be done it just takes some determination and the wit to make an effective and incisive representation.

HF

[featherhead]

I keep reading that the Allotment Act says hens are allowed despite of any contracts or tanancies, however, I read the act and it says there was an amendment in 1973 saying this part of the Act was repealed, or in other words withdrawn. So how come everyone thinks its till ok? Is there another amendment?

[hillfooter]

I keep reading that the Allotment Act says hens are allowed despite of any contracts or tanancies, however, I read the act and it says there was an amendment in 1973 saying this part of the Act was repealed, or in other words withdrawn. So how come everyone thinks its till ok? Is there another amendment?

The right to keep chickens is in section 12 subsection (1) of the 1950 act.  The ammendment in 1973 repealled subsection (2) not (1)

HF