[compie]

hi there can you tell me were your allotment is as i have been told by spalding council its not allowed to keep hens on allotments thanks

[joyfull]

Hello Compie and welcome. How about visiting our welcome section and introducing yourself there. As for allotments I think that chickens and rabbits are allowed under part of the allotments act but not cockerels and it may depend on the care and conditions they are kept on as well as the quantities.

[compie]

thanks for the reply joyfull but the problem i have is my council say i does  matter what the allotment act says hens are still livestock and will evict any 1 putting hens on there allotments

[joyfull]

Where abouts are you?

[compie]

im in spalding under south holland district council

[joyfull]

I know that council (I'm in Donington so same council  ). GTFC (think he is on his hols at the moment) is between me and Spalding and I know the council have given him and his neighbours some land at the back of their houses to turn into allotments. They have been given permission to have pigs and chickens. I will split your posts off and make a seperate topic for you and hopefully somebody who is up on the legal side of it will come along and help you - quite a few have had similar problems to this and have got it sorted 

[GrannieAnnie]

But there are some allotments where you are not allowed to keep anything live, not even hens.

but I hope you get it sorted!

[compie]

thanks that would be great

[henamoured]

Hi Compie
Found by googling - The Allotment Act reads:
THE 1950 ALLOTMENTS ACT
section 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

As I understand it this 1950 Act is the most recent one and thus IS the law that governs hen keeping on allotments.
But as it says,  there are two exceptions that can come in to play:
1. The Council which owns the allotment can pass a By-law restricting use of the land for keeping chx.
2. The Allotment is privately owned - perhaps a person, or trust - and has restricted use in the original lease.

I did read somewhere (might be on here) that someone had been told by their Council that a by-law was in operation but when they asked to see a copy of the by-law the Council couldn't produce it! So if that's the case with yours insist they produce evidence!
Up the Chooks! (didn't mean that to sound as rude as it did!)

[compie]

they have admitted they have no bye law but they are little hitlers that say they do not have to take notice of an act of parliment believe it or not 

[Aunt Sally]

I'm afraid the do need to comply with the law:

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

[henamoured]

I think the only way you get proper sense out of many organisations these days is to write and send your letter by recorded delivery (costs about a £1 from post office - can't claim not to have received it then).
Tell them what you want and ask them to respond in a reasonable timeframe. Write again enclosing copy of original if they don't. Keep at it until you get a a proper explanation. Involve local press if you don't get anywhere and see your local councillor who will have regular surgeries. If you keep at it and there is no by-law you will win. They cannot ignore the law. Good luck.

[Aunt Sally]

... and even a bye law cannot overturn an act of parilament.

[henamoured]

I think it does where the Council own the land - see the section quoted from the Act above.

[Aunt Sally]

Found by googling - The Allotment Act reads:
THE 1950 ALLOTMENTS ACT
section 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

That means that "inspite of" any proviosion to the contrary it is lawful for the occupier to keep hens and rabbits.

Many councils have tried to ban hens but  as the NSALG says: "So that the right to keep creatures within s, 12 on an allotment plot can be placed beyond argument,"