Allotment Gardening Advice Help Chat
Poultry and Pets => The Hen House => Topic started by: val3147 on November 20, 2007, 19:50
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Hi,
I took my allotment on thinking that I could keep chickens as well as growing veg. I have been told by the allotment secretary that the council will not allow me to keep animals.
Has anyone else come across this and can I get round it?
Tah
Val
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Mine won't allow it either, and it's a private site, probably just as well though as there's loads of foxes and cats around!
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The department of communities and local government have produced a plot holders guide available in pdf format available here (http://www.farmgarden.org.uk/ari/ari-news/a-plotholders-guide-new-edition-available.html) this mentions the type of animals you are allowed to keep on Lotties, but and however :roll: all depends on who owns your plot and what their terms are, you have probably more chance IMHO with council run plot, than a private one but you could be in for an uphill struggle.
Can you keep them at home ? do you have a garden big enough etc ?
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hi val and welcome to the forum.
Richy is right, most allotment sites have their own rules depending on what was handed down through the generations which means that no two sites may have the same rights or rules. :?
Could you update your profile info with your location... perhaps we could suggest another site nearby which allows chooks on site :D
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True, this is decided on local level. If you are council run, not much else you can do, than suggested home keeping or other site.
If you are self governed, however, you might want to bring this up at the next AGM and suggest a change of rules. :)
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I had a battle over this - the trick is to approach the councillors and prospective candidates and point out the government position. Sometimes they deny permission because there is no positive permission.
I wrote to every councillor involved in detail as well. Never did have to move to phase 2, the press
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Hi,
Thanks to every one for their input. There are two allotments sites on the Wirral (where I live) but the waiting list is about 14 years! I am a senior citizen so not much chance.
I will go down the writing to everyone in a position to influence the council route and see how I go.
Thanks again
Val
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I have often wondered how easy it is to care for your chickens on a lotty?
After allyou have to go there every single day twice - to collect eggs feed em let em out shut em in etc, they are quiet clean and easy to keep in a garden if you have space at all and perhaps you could just do what I think someone else on here does and take em with you on occasional days with a sort of playpen so they can have a good grub about and eat the bugs for you then bring em home again.
I would be suprised if the council would be able to do much about that after all you could just say chickens ?? what chickens??? or just hold your hands up and say they are just visiting to help with bug removing if you dont approve I will not bring em again. The play pen could even have solid sides so no one need even know they were there.
I like the idea of secret chicken bug removal you could give em blaclavas and .... ok ok Im getting carried away again!!!
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Hi,
Well I have been digging around (pardon the pun) on the internet and have found bits of information that may help me and others keep chickens (from now on they are to be referred to as hens)
The site is www.ruleworks.co.uk/poultry/allotments
Hens on Allotments in the UK
Hens are allowed on all council owned allotments in England and Wales. For Scottish legislation please click here.
The Allotment Act 1950 includes the allowance of certain forms of livestock (hens and rabbits) to be kept although this can be, in some cases, restricted by local by-laws.
A council may have local rules to specify that no livestock or hens are allowed. However, these local regulations must adhere to the Allotment Act(s) and those regulations that do not comply are not in force until confirmed by a local by-law.
Cockerels are not allowed by the Allotment Act.
That is my next challenge - to find (or hopefully not) find the by-law. Any ideas where to start?
Val
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John might be your man, Val, I've never found any, kinda makes me wonder... :? :wink:
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i have kept/keep chickens on both council and (currently) private allotments. did get some resistance from council run one but ask about by-laws and to see it in writing, and they run a mile because most of the people who run them don't have a clue - i've challenged them, believe me.
sadly though, I did have to remove my birds (through choice not forced)from council site because of kids breaking in an nicking some birds and equipment. really annoyed me but led to me finding a private site, which is great by the way. the guy that owns them loves livestock being on there and so I have both hens and cockerels. i currently have a whole plot fenced for my birds and am in the middle of completing a second for ex-bats in january. i do have 3 plots there, so using one for veg in summer.
other people on the allotment are fascinated with chickens and feed them (greens) etc. many want manure and ask to buy eggs. productive all round! my friends also keep geese/chooks there and another bloke horses.
as for the everyday commitment, of course you do, whatever the weather. all part of caring for your stock! i remember being there Christmas day lasy year and it was so peaceful. mind you, i'm lucky because i have to pass my site on the way to and from work, so very convenient.
my uncle keeps his birds on a managed council site and they have a limit of 8 birds maximum. this was enforced because of past neglect by other tennants overstocking.
I live in a built up area so don't let the break in thing put you off, it happens a lot round here by me. but be prepared wherever you live! good luck!
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I live in Wolverhampton and have an allotment. I've only had the allotment a week but have written an opening gambit mail to the council asking if u are allowed to keep hens on an allotment and if not why not given the existence of the 1950 Allotment Act. The other allotment holders tell me u can't on this site.
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That is my next challenge - to find (or hopefully not) find the by-law. Any ideas where to start?
I'd assume this would be covered by the Freedom of Information Act. If so, you should be able to write to the council making a formal FoI request for a copy of the relevant by-law. You run the risk of bringing the by-law (or its absence) to their attention in doing so, but you'll probably struggle to obtain a copy otherwise.
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Thanks for that information. I'll await their reply and act on your suggestion. If I can figure out how to keep hens safe from two legged and four legged predators. I've just read the thread about fox attacks.
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Hi Val3147,
Before I started to keep my Chickens ( at home ) I wanted to find out if there was a ByLaw to stop me, after several phone calls to our local council office no one could tell me if one was in force.
My last call was to the Enviromental Health Dept who stated no ByLaw was in place to prevent Chicken Keeping, and drew attention to the Animal welfare act, Noise and the prevention of vermin, all well worth looking up!
I have now had my Girls 3 months and its one of the best things I have done, lots of fun and the freshest of eggs.
Good luck with your allotment site, if no ByLaw is in force I think you should be OK.
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DensHens.
Thanks for the contribution, but this was a nearly 3 year old thread that was resurrected, the OP has not been seen for some time.
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I have just started with chickens on my allotment, there are six alotmenteers now with chickens on our site and are causing no problems at all.
It's a great hobby, and fits in well with the rest of the allotment.
Would recommend it to anyone with an allotment.
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The Allotments Act 1950, Chapter 31, Section 12 states that regardless of clauses in leases/ tenancies/ covenants/ contracts or agreements to the contrary, the occupier of ANY LAND can keep hens and rabbits on it, for their own use, so long as they set up and maintain adequate housing and so long as they make sure that the hens/rabbits don't become a nuisance or pose a threat to health.
(Navigate to the Office of Public Sector Information website (opsi.gov.uk) and search for Allotments Act 1950 Chapter 31 to read the full text)
Someone on another site has previously sought legal advice and asked whether this means that they could keep chooks in their garden, despite the covenant in their deeds and even though their housing company/developer told them they couldn't - this is what they were told:
"the Allotments Act 1950 (and any other Act of Parliament) overrides all other sources of law, apart from European Directives"
This means that anyone can keep hens legally and doesn't need to worry about being punished if they do
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HI Grizz
Welcome to the forums :)
You are absolutely right that all allotment holders have the right under law to keep hens and rabbits.
I don't think allotment law extends to back gardens though.
http://www.publications.parliament.uk/pa/cm199798/cmselect/cmenvtra/560/56016.htm
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I hesitate to disagree, but I do think that s.12 AA 1950 does permit generally the keeping of hens on any land - subject to the overriding caveat that they can't cause a nuisance - for three reasons:
a) The 1950 Act is "An Act to amend the law relating to allotments and to abolish restrictions on the keeping of hens and rabbits". The fact that the hens / rabbits bit is separate from the allotment bit tends to suggest distinction.
b) The layout of the Act divides it into smaller parts. Sections 1 - 11 come under the heading of "allotments", whereas s.12 has a different heading.
c) S.12 refers to "any land", not just "allotment gardens" and therefore the narrower interpretation can't be assumed.
NB. I'd also think that the question of nuisance must be considered on a case by case basis rather than blanket ban.
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Thanks for that reply Yorkie.
Can I clarify please ?
Does "any land" mean "ANY land" e.g. rented back gardens ?
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Yes, that would be my interpretation, though I've not got access to any cases or proof to back that up.
I think it's been mentioned on the forum some time ago in suppport of the keeping of hens in back gardens too.
Edit: I've just searched through 27 pages of search results and can't find the thread I thought was there, covering this specific point. Maybe I've imagined it!
I'd certainly use s.12 as an argument if the council tried to ban the keeping of hens in back gardens or other land - I don't think bye-laws can override an Act of Parliament so I'd ask them to justify how the ban can be legal, given the permission of the Act. Their reply would make interesting reading!
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That is interesting reading!
Would you agree that if you live in a Housing association property, this would override them telling the tennant they aren't allowed to keeps hens?
I have a friend who is on the alloment list waiting for a space because they have been told they can't keep hens, but it's ok for rabbits?
I think i will pass that link on to them!
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My interpretation is just that, it isn't binding on the HA and doesn't constitute legal advice. I really don't know if I am actually right (I'll see if I can make enquiries elsewhere though).
Here's the direct link to the Act:
http://www.legislation.gov.uk/ukpga/Geo6/14/31#pb2
It's worth a try so I'd suggest that your friend writes to the HA, citing s.12 of the Allotments Act 1950, and outlining that s.12 states that irrespective of any clauses in a lease or tenancy, it shall (this means no discretion) be lawful for any occupier (i.e. including a tenant) of any land (including HA property & gardens) to keep hens.
I would then state that their stance / clauses in the tenancy breach s.12 of the Act and ask for confirmation that hens may in fact be kept, subject to not causing a statutory nuisance under the usual environmental laws.
You never know, this might cause them to cave in!
If they refuse to budge, however, it will be very difficult to change their stance without considerable potential cost. I doubt that the Local Government Ombudsman would have jurisdiction.
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councils have the right of copulsory purchase when it comes to allotment aquisition, but they will pretend the law dosen't exist so they can continue to sit on their hands.
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Welcome to the site makum but I fail completely to see the relevance of your post.
Apart from the fact that this thread was originally started nearly 4 years ago, and was last posted on 8 months ago, it is nothing to do with compulsory purchase by councils. It is about the right of someone to keep chickens.
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Thanks for that reply Yorkie.
Can I clarify please ?
Does "any land" mean "ANY land" e.g. rented back gardens ?
Some one else brought the thread back to life, so why not.
If you have custody of a piece of land, through owenership, rent, or any other means, you may keep chickens on it, provided they are adequatly housed.
However, a private landlord can refuse to renew your short hold tenancy if you get on his nerves.
A Housing Association cant.
Covenants are unenforcable even when statuatory law doesnt over rule them, which is clearly does in this case.
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Some one else brought the thread back to life, so why not.
Irrespective of age of thread, the post had no relevance whatsoever to the thread.
The point about the private landlord is a good one; a landlord can issue a s.21 notice of intention to seek possession for any reason they wish (no fault is needed). Assuming any deposit has been properly protected (in England/Wales) then the court will eventually have to grant possession and the tenant will eventually have to leave.
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Yorkie
I was justifying my post, rather than the original one. :tongue2: :blush:
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As it's a subject that pops up from time to time, it may be worthwhile having the information and link, in a sticky to help new chicken keepers.
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It would indeed evie2. See what we can do.
No rude raspberries please Doninic ::)