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.