[vegypete]

hi ya i have read the allotment act, as far as hen keeping is concerned, but my local  council says no hens, could i argue this with them or do they make up there own rules, i would love to keep 6 hens for fresh eggs,

[arugula]

My understanding is that the council cannot overrule the allotment act. Somone will confirm or deny this though.

[Plot74]

if it is a council plot it will be written into your tenancy agreement we have some plots that allow stock and others that dont check with your tenancy officer who will be able to point you in the direction
john

[joyfull]

Argyllie is correct - local by-laws cannot over-ride an act of parliament. If the site is not private but council owned then yes you can keep chickens but not cockerels.

[Dopey113]

I read some of the act, some time ago so cant remember it all, but I seem to remember you could keep small things like.... Chickens, Ducks, Gees,Rabbits, and maybe pigs as well? not sure about the pig thing though

[grinling]

Our plot on councilland allowed 5 hens, bees (with training and insurance) and rabbits for eating purpose only ( had to attend course showing how to kill).

[Yorkie]

Section 12(1) of the 1950 Allotments Act says:

"12 Abolition of contractual restrictions on keeping hens and rabbits.

(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."

This basically means that as long as hens or rabbits do not constitute a statutory nuisance (noise, smells, vermin), you are allowed to keep them on any land - which includes allotments - even if there's a clause in a document which purports to exclude it.

I would write to your council, pointing out s.12(1) and that a tenancy cannot override statute, and ask them again for permission to keep hens.  If they refuse again, write and ask them to provide you with the legal basis for disapplying an Act of Parliament.

Ultimately you may not get what you want, because remedies for enforcement can be tricky, costly and long - but you'll make them think in the process.

[Yorkie]

I read some of the act, some time ago so cant remember it all, but I seem to remember you could keep small things like.... Chickens, Ducks, Gees,Rabbits, and maybe pigs as well? not sure about the pig thing though

Chickens (not cockerels) and rabbits only.

[compostqueen]

We had a no hens rule but we also had a councillor keeping pigeons but not growing any veg on his plot, so we probed deeper.  Aha!  No mention in their rules about no hens allowed as we asked to see their rule book. So, we challenged it and we now have hens on the plots.

[Dopey113]

Section 12(1) of the 1950 Allotments Act says:

"12 Abolition of contractual restrictions on keeping hens and rabbits.

(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."

This basically means that as long as hens or rabbits do not constitute a statutory nuisance (noise, smells, vermin), you are allowed to keep them on any land - which includes allotments - even if there's a clause in a document which purports to exclude it.

I would write to your council, pointing out s.12(1) and that a tenancy cannot override statute, and ask them again for permission to keep hens.  If they refuse again, write and ask them to provide you with the legal basis for disapplying an Act of Parliament.

Ultimately you may not get what you want, because remedies for enforcement can be tricky, costly and long - but you'll make them think in the process.

But surly, if you just keep them, and your within the law, its down to them to prove you cant, you dont have to ask permission if your in the right, OK I understand its just courteous to ask, but he did already, put them on the plot, and let them decide then what they want to do, why should you be hindered??

[Yorkie]

There is some force in that line of thought.

However, on a practical level, if your tenancy agreement specifically says no hens, and you just go ahead and keep hens, you are likely to be reported to the council / site owner, and get an eviction letter because the issue has not been raised with them.

Furthermore, there may be statutory nuisance reasons for the council being within the law to refuse permission.

Always best to ask first if there is a specific ban.  It may well be that there is no legitimate reason, and it's just there because they haven't been challenged on it previously / weren't aware of the law.  But better to try to find out first rather than at the wrong end of an eviction notice when time is of the essence.

[vegypete]

hi ya and thanks for your in put on the subject of lawfuly keeping hens, i have emailed my local out door recreation officer, and quoted the allotments act 1950 section 12  (1) and later allotment acts and nowere does it say no hens can be kept, i will keep you guys informed regarding the out come  ...........pete

[devonbarmygardener]

We're allowed chickens and I believe, turkeys but ducks are considered 'livestock' !?!

Make sense of that one!

[vegypete]

hi ya as above the local outdoor and recreation officer has not replyed to my email, i have not folowed up with a phone call as yet, another email is on its way to them..........pete

[ANHBUC]

You might be best to send a copy of your original and second email to your local MP or Mayor if you have one.  If your recreation officer realises someone at the top is aware of your emails he/she will be more likely to reply.