[spider]

I received this letter today:

"Re: Caravans and Poultry at Beach Road Allotment Site
 
As you are aware from our conversations in the past, we have received the past complaints from a tenant and local resident who alleges that a number of caravans have been sited on plots at the above allotment site.
 
I appreciate that we have written to you in the past and you have followed this up with the tenants involved.
 
We have also been made aware of a number of plots with poultry on them.
 
As yours is a Self Administrated Site, your systems would be greatly appreciated in advising all the plot holders in exercising the lease agreement for the site, of the need to comply with this policy, and advise all plot holders of their obligations under Clause 3(P) stating 'Not to keep any caravan on the allotment garden'. Also, Clause 3(I) stating 'Not to keep any livestock, fowl or poultry on the allotment garden or construct there on any shed or pen for livestock, fowl or poultry except with the written consent of the Council'. You will appreciate that this is in direct conflict with the agreement.
 
I would therefore be grateful if you could advise the tenants to deal with this matter within 21 days of this letter.
 
Please advise the tenants that it is in their interests to make every effort to attend to this matter within the timescales stated as failure to do so may ultimately affect their tenancy.
 
I would also appreciate it if you could advise us of the offending plots giving the tenants details including mailing adresses so that we may contact them if they do not comply with your request."


I would appreciate any advice on this matter.
Spider.

[Caralou]

From one of our previous threads:

In the UK you may keep hens on council owned allotments.
In England and Wales the Allotments Act 1950 includes allowance of hens to be kept on allotments.
Local council rules may specify that no livestock can be kept on an allotment but this is not in force legally unless the council have a local by-law approved (which is unlikely).

So, you need to ask the council to provide a copy of the approved local by-law that specifically states that poultry cannot be kept on the allotments (not just the lease agreement clauses as these can be deemed to contravene s12 Allotment Act 1950) - hopefully they will not have actually put local by-laws in place so you can keep your girls.

I'm sure a number of our members have had similar arguments with their local councils so hopefully they will be along to give more information to help you get this sorted out 

[spider]

Hope so Cara
I'm getting a bit fed up of our secretary telling me how big my shed can be, and how I can't keep chickens.
I think I should maybe keep a couple of pigs and some bees, just to rock the boat
I hate bully's
Spider

[Yorkie]

Poultry is allowed with us but you do have to seek permission first and pay a slightly higher rent.  Also obtain prior permission for structures.

The reasons for this are so that the structures can be assessed for appropriateness relative to the plot, neighbours, and any drainage or other subsoil pipes etc.  Also, the water has to be left on during the winter with increased risk of damage through freezing.  Also, it enables environmental health records to be maintained.

The letter is not prohibiting the keeping of chickens, simply requiring compliance with certain conditions. 

[karlooben]

caravans i can understand  why on earth would u want one on your plot anyway , but as for chickens u can keep them on the plots as long as they are kept clean an healthy an do not pose a nuisance to other plot holders or nieghbouring houses .

[beulah59]

Our city council prohibits poultry on allotments, don't know if anyone has challenged them?

[amckeen]

Caralou is absolutely right - the Allotment Act specifically allows the keeping of rabbits and hens so long as they are not kept for commercial purposes and are kept clean and healthy and do not cause a nuisance (Section 12 of the Act).  There is no need for permission from the local authority to keeps these.

If you want other livestock (including pigs, goats, pigeons or bees,for example) permission is generally required and there may be restrictions.

Of course, this only applies to sites owned by the local council so if your site is privately owned then it may be a harder job (though it could be easier) to get permission.

As for me......I am eagerly awaiting delivery of my coop on Monday so I can get it set up and then get some chooks (I also have permission to get 2 beehives but that is a longer term goal!)

[SUTTY1]

Hi Spider, not sure if you under Liverpool or Sefton council, i'm in Liverpool and our secretry
( anti-chicken) recently lead me to understand alotments allowed upto 50 birds per site with a max of 12 per plot. Dont know if this helps but keep up the fight and hope you win.

[spider]

Cheers Sutty its Sefton Council
Every thing I've read tells me I can keep chickens, but the council keep insisting the chickens have to be removed.
We are a self managed council site.

Spider

[Elcie]

Has anyone tried to write to the council to request permission to keep chickens?  That would be the first step as, for me, that is what they are stating.  It would then be a 'wait and see' on their response.

[caroline800]

Hi,

I'm a little confused -

"Also, Clause 3(I) stating 'Not to keep any livestock, fowl or poultry on the allotment garden or construct there on any shed or pen for livestock, fowl or poultry except with the written consent of the Council.

that seems to say that if you get consent from the Council you CAN keep poultry.  so if the council can give permission and you can get it ..........?

As Elcie says maybe you should ask for permission as it states it can be given.

[Aunt Sally]

Clause 3(I) stating 'Not to keep any livestock, fowl or poultry on the allotment garden or construct there on any shed or pen for livestock, fowl or poultry except with the written consent of the Council'.

You can keep hens with permission from the council.  This is usually needed to ensure that the poultry keeper will keep the birds in good conditions and not cause a nuisance to other allotment tenants.

[raeburg]

Clause 3(I) stating 'Not to keep any livestock, fowl or poultry on the allotment garden or construct there on any shed or pen for livestock, fowl or poultry except with the written consent of the Council'.

You can keep hens with permission from the council.  This is usually needed to ensure that the poultry keeper will keep the birds in good conditions and not cause a nuisance to other allotment tenants.

It is only if there is a local bye-law that you can be stopped from keeping hens on an allotment.  The allotment act overrides the clause they have put in the tenancy agreement as it is in contravention to the allotment act.

[Aunt Sally]

This document may be of interest to you

http://www.nsalg.org.uk/uploads/article459/Hens%20and%20Rabbits%20on%20Allotment%20Plots.pdf

[SUTTY1]

Interesting read Aunt Sally.

Hopefuuly it will help you Spider