Permission to keep chickens

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old salty

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Permission to keep chickens
« on: May 04, 2014, 15:54 »
Hi this is my first post and am looking for advice.
Our allotments are in a rural location boarder on one side by a small holding on two others by agricultural land at present sowed with oil seed rape,and the fourth by a set of bungalows. In the tenancy agreement we can keep chickens and rabbits no numbers mentioned.A plot holder who was there before me has had chickens for seven years and me for five
There are two others with chickens and two further ones that would like them. we all have a large number mine being 15. I have 18 traps deployed on mine and other plots and put down poison. the other three also take measures to control rats.
Usually we have trouble after harvest with Rats but this spring has seen an explosion which we believe we are now winning the battle with numbers caught dropping right off.
Several weeks ago one of the bungalow owners saw a rat in his garden and contacted the environmental health who came out and a did a investigation and gave some basic advice and made a comment on the high numbers of chickens and said the problem seemed to stem from the allotments.
We were sent a letter asking that we did not increase our flocks and stored feed in metal bins and took feeders away at night.
I wrote to the parish council laying out what I was doing and asked to see the report as this may help me and offered to meet the pest controller when they brought him in in a month, I pointed out this was to long to wait if there was a problem.
The council have stated that they are going to join the allotment association I have checked their web site which says three hens are sufficient for a family.
I have had no communication from the council in two weeks
I and my fellow chicken keepers believe that they are waiting to join the allotment association then inpose the three chicken rule on us.
How do we stand we see this as a sneaky back door tactic other wise they would of had some sort of dialog with us.
Sorry for the long rant but hope somebody can offer us some advice there has been no conplates privous
Thanks in advance  :(

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LilacSandy

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Re: Permission to keep chickens
« Reply #1 on: May 04, 2014, 16:07 »
Is this a council site?  If so then your tenancy agreement will state how many chicken you can keep, if the council want to change the rules then they must give you notice of this.

What do you mean about them joining the allotment association? If you have a committee who looks after the site then no one can join unless they are co-opted on by the existing committee or they are voted on at your AGM, have a word with your chairman or secretary to ask if they have been approached.

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old salty

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Re: Permission to keep chickens
« Reply #2 on: May 04, 2014, 17:02 »
Thanks for your reply
The land is owned by the local estate the parish council rent the land then sub let it as allotments.
There is no limit or numbers mentioned in our tenancy.
There is no committee we pay our rent to a councilor who was a allotment holder but she resigned from the council so rents are payed to the Parish clerk

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Yorkie

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Re: Permission to keep chickens
« Reply #3 on: May 04, 2014, 19:46 »
The Allotments Act 1950, s.12, gives you the right to keep chickens but this is limited by the duty not to create a statutory nuisance, which I suppose would extend to not keeping chickens 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" - e.g. a health hazard such as rats.

Are you sure that all tenants with chickens are keeping them in such a way as to prevent vermin being attracted?  e.g. metal feed boxes, removing feed overnight (or whatever else those who know about chicken keeping would advise)?

I am purely speculating now, but why would keeping the levels of chickens to 3 reduce the risk of vermin being attracted?  There's either foodstuffs or there isn't.

That being said, there has been an explosion of rats on our site this spring - and we have no chickens.  Therefore there must be additional factors going on, such as a mild winter and spring.  The council would have to prove a causal link between the chickens and the rats, rather than just rats appearing anyway.

On your particular question about joining the association, I don't see the connection.  The plots are rented from the council and not the association.  Therefore, by extension, the association does not have a role in setting the tenancy conditions and joining the association could have no impact on changing to a 3 chicken rule.  The council could change the rules without joining the association. 

There could well be a completely different reason for the council wanting to establish links with the association - a positive reason.  But don't let that get in the way of any conspiracy theorists!

Even if there were proposals to change the tenancy conditions, you'd want to see the evidence justifying the restriction on a right set out in statute.  The council can't just over-ride statute unless it can demonstrate that there was a statutory nuisance and that making the specific change will alleviate that nuisance. 

If the chickens have been present for years, kept in the same way without changes (e.g. to feed availability / storage), and there have been no rats in previous years, then evidence would suggest that it is something other than the chickens which have caused the rats this year ... like the spring weather.
I try to take one day at a time, but sometimes several days all attack me at once...

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grinling

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Re: Permission to keep chickens
« Reply #4 on: May 04, 2014, 21:57 »
Rats don't really go for the rape, but are very good breeders. Is the smallholding next to the allotments dealing with rats? Where is the fresh water course as they need that daily? Every allotment holder needs to wire proof their compost bins? Every chicken holder needs to rat proof runs and food holders and keep the area clean.
It is easy to blame chooks, my neighbour does even though the rat nests in her compost area., though not seen a trace around here....local grain barn and chicken sheds help there.

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joyfull

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Re: Permission to keep chickens
« Reply #5 on: May 05, 2014, 08:46 »
invest in treadle feeders for your allotment chickens and train them to use them (simply pop a weight on the treadle for a few days. These work by a chicken stepping on the treadle and that allows some food to be dispensed. Rats generally aren't heavy enough to trigger the operation.
All my poultry food is kept in old metal dustbins (rats chewed through my plastic bins), and if you throw down mixed corn for them to scratch around after only throw a small amount that they will eat up straight away.
Staffies are softer than you think.



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