Allotment Gardening Advice Help Chat
Poultry and Pets => The Hen House => Topic started by: gowing238 on October 15, 2011, 14:31
-
Hello.
I have decided i want chickens. Id like to keep them on my council owned allotment. But on enquiring with the council allotment officer only one of the local sites is permitted for chicken keeping and the rest, (including mine!) are for cultivation use only.
Im aware of the allotment act, but does anyone have any advice on where to start in getting hens on my plot!!?
I have made a freedom of information request with the council to see if any by laws exist and am awaiting a reply, but doubt there is if the site up the road is permitted for chicken keeping.
I dont want to just plonk a coop and hens there and cause chaos!!!!
cheers
-
What a shame your Allotment Officer doesn't know about the allotment act.
I'd advise him on this, if I were you....
By-laws cannot override a statute.
The Allotment act is a statute, therefore they cannot stop you keeping chickens (unless you were not looking after them properly, eg not cleanign them or feeding them)
-
So writing a letter to the allotment officer is the way forward is it? Do you think he is likely to put up a fight or just accept that we both know about the allotment act!!?
He must be aware because, as i said previously, there is an allotment just a mile away from mine and they are permitted to keep chickens
-
I agree with andreadon here. I agree that a letter is the way forward. If you invite the allotment officer to inspect your set up it may help too. Just make sure that your feed is stored in rat-proof bins and any out for the hens is put away overnight. Make sure that the hens are securely contained. Make sure that you have adequate feeding, drinking and cleaning out routines in place for them and the Council will have no argument that you are causing a nuisance. Good luck and keep us posted.
-
what should i write in the letter? Im not very good with words and dont want to come over as being heavy handed. Anyone know of any templates or anything of the sort either on here or elsewhere. It would be most aprreciated.
-
Now you have a plot, just get chickens.
Theres nothing they can do to make you remove them.
-
Hi there
Just found this: http://chat.allotment-garden.org/index.php?topic=83991.0 (http://chat.allotment-garden.org/index.php?topic=83991.0) from earlier in the month.
Its not exactly the same as this was about a council trying to prevent a family keeping hens in their garden but it gives plenty of references to the Allotment Act which I hope will help.
As far as I can see you definately have the right and I am sure if you approach it the right way you will be successful.
Best of luck!
-
thanks all!! Lets get typing then!!!!
-
I think that law was repealed in 1973. See the amendments just below the law.
-
I think that law was repealed in 1973. See the amendments just below the law.
I thought there was some clause or other too, something along the lines of "unless prohibited by local bylaws "not sure now long while since I read them.
Good luck with your appeal growing 238, hopefully you'll get somewhere. or at least a definitive answer.
-
This thread has information concerning the allotment act which may be of help too (although please note that the first part of the thread is from 2010).
http://chat.allotment-garden.org/index.php?topic=50243.15
-
Just wondered if there was a by law laying around would it apply to all allotment sites in the rhondda cynon taff or each allotment site seperately?
-
Hi there. Have you heard yet from RCT re your request for any info on local by-laws?
I have just had a look at their website (out of interest as I am just down the road in Cardiff!) and if you look at their main page on allotments (http://www.rhondda-cynon-taff.gov.uk/en/environmentplanningandwaste/parksandopenspaces/allotments/allotments.aspx (http://www.rhondda-cynon-taff.gov.uk/en/environmentplanningandwaste/parksandopenspaces/allotments/allotments.aspx)) it specifies that livestock shouldn't be kept on their allotments. Note it says shouldn't and not 'must not' or 'can not' - there is a difference!
-
I think that law was repealed in 1973. See the amendments just below the law.
I thought there was some clause or other too, something along the lines of "unless prohibited by local bylaws "not sure now long while since I read them.
Good luck with your appeal growing 238, hopefully you'll get somewhere. or at least a definitive answer.
Hillfooter has commented on this in this post http://chat.allotment-garden.org/index.php?topic=50243.15
Quote from: featherhead on October 18, 2011, 11:31 PM
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
-
Right i have written mne letter. I thought it was quite good. straight to the point. But my OH had a read and seems to think it may rub the allotment officer up the wrong way!!!
Its not rude or aggressive but straight to the point. Im having second thoughts now though on wether or not i should send it!!
-
Can you not post/copy it here for us to read?
-
Dear Bryan.
I have an allotment plot at the Ely Street site in Tonypandy. Having cultivated the plot for the past 2 years, and enjoyed it very much, I know feel the next progression for me is to keep some hens.
The hens will be for egg production only. There will be no cockerels. I have earmarked an area of around 30sq metres, which I plan on fencing off, and then half of the area will be a fully secured run with coop and the other half an outside area where the hens will be fenced in securely. The plan would be to keep 4 to 6 hens.
I have researched hen keeping fully and would aim to be keeping these hens in tip top health. Any visits from DEFRA or other bodies would be more than welcome. I also have a vermin control plan in place. Eg. Food only in rat proof run. Put away securely at night. Also rat traps and baiting.
The only problem is, when enquiring about hen keeping, I have been told that the site has been earmarked as for “cultivation only”.
After a little bit of research and a bit of help from NSALG I have learnt of “The Allotment Act 1950” where part 12 states the following:
Abolition of contractual restrictions on keeping hens and rabbits.
12. --(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 are 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.
Therefore, as I see it, there is no legal argument that I cannot keeps hens on mine or any other allotment plot.
As previously mentioned, I have had some help from NSALG. Their area officer has basically told me that it is my statutory right to keeps hens on my allotment, and that I should just go about the business of putting them there, and there is nothing the council would be able to do about it. As long as they were well kept and were not a nuisance.
But, as I see it, I dont wont to go around upsetting anyone. So rather than going about upsetting the apple cart, I thought I would write this letter to ask your permission. I gather that there are a few sites in the county where you have permitted hens to be kept.
So, I am hereby asking your permission to keep a small group of hens on my allotment plot.(even though your permission is not legally required)
If permission is refused I would be at odds to find out what reason you have for denying me of my statutory right. Because act's of parliament are law until re pealled, and cannot even be over ridden by a by law.
Please find enclosed a copy of NSALG's information on hen keeping on allotments.
I look forward to your reply.
-
Sounds fine to me.
Its direct in places, but direct and factual.
-
I think that is a good letter.
You have not said you will keep them no matter what the council say, you have once again asked their permission and asked if it is denied again for a suatable reason as to why it has been denied.
I asked my local council about the self same thing and was told no.
I do get on very well with the council liason for allotments and i was told there is no lawful reason for them to not let you keep them, but there is a financial reason ;)
If there is livestock held on an allotment the council have to appoint a livestock welfare officer who has to do site inspections on a regular basis.
No is the usual first reason that people are fobbed off with in a hope they are not aware of their statutory rights and usually this works and means the council don't have to appoint anyone thus saving money.
Keep at it if you want to keep hens, there is nothing they can do so long as everything is kept in order. :)
-
Thanks both. Its off to the post office i go then!
-
I would email it as well personally, and request a delivery report and a read reciept ;)
Even if you don't get the read receipt they can't deny delivery so you will have proof they have received it!
Also maybe worth putting at the end please responde within 2 weeks.
They have to respond then within that period as that is the standard responce period for the council, if you don't put that they can take as much time as they like!
-
good idea!! thanks
-
Having cultivated the plot for the past 2 years, and enjoyed it very much, I know feel the next progression for me is to keep some hens.
Should this read " Inow feel the next progression for me is to keep some hens?
-
No it should read I now
We all know what was meant as will the council, lets not get on to spelling and grammar.
We can all be picked up on that ;)
-
I made a freedom of information request to the council a few weeks ago, enquiring if there was a bye law in place preventing chicken keeping on allotments.
Had the reply today, and as far as the council are concerned, no theres not!!! Result!!!
-
Keep on plugging away heh,
Looks like its only a matter of time before they cave in!
-
Fingers crossed for you. :D
-
I have posted and e mailed the letter to the allotment officer and have heard nothing as yet! I have a funny feeling im going to be ignored in the hope ill just go away!!
Just wondering what my next plan of attack should be when the 14 days are up awaiting my reply!
-
If they haven't replied in the allotted time I would take it that they have no objections to you keeping hens. :)
You could always send them a letter stating that as you haven't heard anything from them you intend to keep hens as they have not raised any reasonable objection to you doing so.
-
Sounds like a plan. But it just annoys me to think that this council official is getting paid to do a job, and just because he doesnt like being told the facts he thinks its ok to ignore me.
I would like to send the letter to someone above him. Any ideas who this would be?
-
No but you could send a copy to your local MP especially if they are a different political party to your Council and they have not even bothered to reply. ;)
-
good idea!