Where do we stand in legal Law

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Markw

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Where do we stand in legal Law
« on: July 13, 2014, 18:04 »
I need some help regarding our legal standing.
Our allotments rules state that we are not allowed anything ,or structure over 1mt in height. it also said that we are not allowed any live-stock at all
Theses are the rules laid down in 1914 and they work by them.
My question is can I/we use the allotment act to change them. As you can see we are not even allowed a shed or keep Chickens on our site, all I am asking is some sound advice as to where we all stand on our allotment.


Many thanks for any advice.
“When a well-packaged web of lies has been sold gradually to the masses over generations, the truth will seem utterly preposterous and its speaker a raving lunatic.”

Dresden James

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Tracybutton

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Re: Where do we stand in legal Law
« Reply #1 on: July 13, 2014, 18:07 »
I think it might depend on whether or not it is a private or Council allotment . If it's private I would guess the rules can be whatever the owner wants them to be.
« Last Edit: July 13, 2014, 18:07 by Tracybutton »

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Markw

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Re: Where do we stand in legal Law
« Reply #2 on: July 13, 2014, 18:21 »
Thanks Tracybutton.
It is owned or should I say we pay our rent for the allotment to the council who took it over in the war years.

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Aunt Sally

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Re: Where do we stand in legal Law
« Reply #3 on: July 13, 2014, 18:31 »
There are no acts of parliament that cover  sheds or structures.  But there is an act of parliament covering chickens and rabbits.


S.12 of the 1950 Allotments Act states:

(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:
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.



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Tracybutton

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Re: Where do we stand in legal Law
« Reply #4 on: July 13, 2014, 18:58 »

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Markw

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Re: Where do we stand in legal Law
« Reply #5 on: July 13, 2014, 19:03 »
Thanks Aunt Sally x
This is what we need to get things changed, they live in the past, we have a lot of plots covered with marestail
they look like corn fields and they are unable to let them. but the rules are the rules. things need to chanege

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Markw

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Re: Where do we stand in legal Law
« Reply #6 on: July 13, 2014, 19:08 »
Thanks for posting that Tracy it gives me hope that we can change things

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Aunt Sally

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Re: Where do we stand in legal Law
« Reply #7 on: July 13, 2014, 19:28 »
An act of parliament cannot be overturned by a council bylaw or rule.

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m1ckz

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Re: Where do we stand in legal Law
« Reply #8 on: July 14, 2014, 06:41 »
our council have an allotment comitty im a member  we meet each september any rules that menbers want changing or added is decided them by a vote  .

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Laurentius

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Re: Where do we stand in legal Law
« Reply #9 on: July 15, 2014, 20:58 »
Our allotments are all run by individual associations, the Council still owns the land but we lease it off them and make our own rules which are voted on at the AGM. Our allotment is liberal about sheds so long as they are not too big but no livestock is allowed.

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mumofstig

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Re: Where do we stand in legal Law
« Reply #10 on: July 15, 2014, 21:07 »
However, the law says that you can keep hens, so if your rule was challenged - you would have to give way.


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