[Aunt Sally]

what if a trust owns the land and runs the allotments, it says no livestock we are well awy from houses ect

The act's of parliament cover all land, not just allotments. 

[Dopey113]

I disagree, dopey.

The council are now on notice about vegypete's interest in chickens.  If he puts them on, in direct contravention of their current position, then they will be far less likely to negotiate with him, and enforcement action will be likely to be swifter - with fewer chances to discuss the situation.

The council may not be correct in their stance, but to actually enforce rights legally will potentially take a significant amount of time and money through the courts.  And in the meantime the council will have evicted vegypete from his plot.

Now that the issue is on the table, the risks in my view are too high.  It's easy to advise when you're not the one taking the risks ...

But surly he is in the right?? if its an act of parliament, they cant override it no matter what there policy is.... so my way of thinking is this... if im not breaking any law there's nothing they can do about it, and I fully understand what you say about it being different me doing that if im the one at risk and its me not losing my plot and all, but I would (well I like to think I would anyway) 

[Yorkie]

You're missing the point, Dopey.

Irrespective of who's in the 'right' and 'wrong', you have to deal with the facts as they are at present and where the balance of power lies.

The council do not presently accept that there is anything wrong with the tenancy.  They state that vegypete can't have chickens.  If he has chickens against their specific position, they will take steps to terminate his tenancy if he doesn't give them up. 

If they did terminate his tenancy, he couldn't just refuse to leave.  He'd be a trespasser.  And would also blot his copybook for ever getting a tenancy again.

He would have to complain first through the official routes in the council that they had acted unlawfully.  Probably wouldn't get anywhere.

If he gets his MP or councillor involved, that's even more likely to get the council's back up.

Then he'd have to complain to the Local Government Ombudsman in the hope that they would decide in his favour and make recommendations to the council to change their policy - but there's no way to make the council act on their recommendations (though they rarely refuse to comply).

Or he could take them to court for an order forcing the council to grant him permission for chickens.  Which he might not get if the council has got its act together and finds grounds for saying there would be a statutory nuisance.  And would cost thousands.

Far better to try to resolve it amicably without risking the above, even if the law theoretically does stand on his side.

[vegypete]

hi ya i have kept hens and bantams ect nearly all of my younger life, all kept in the back garden of a council house, all my children have now grown up, so i have time on my hands for an allottment my present house  has no room for hens or vegetables, so i asked the local coucil if i could keep hens on my allotment wich is semi rural, i have nown about the allottment act 1950 for years, why do local councils choose to pretend its not there, whats wrong with keeping a few hens for fresh eggs, or is that not the done thing these days in the eye of some local councils, .......i will keep you guys posted if i get any feed back from them ................pete

[Madame Cholet]

its not just council our allotments are owned by a trust. i guess no-one is away of the law Its too faw from my home for chicken but I would have liked a bee hive on lone.

[vegypete]

hi ya i got an email from the outdoor recreation officer to day, hi peter thanks for the email sory about the delay in replying      i have been looking in to thisand whilst i agree with you, the advise i have found suggests the council need to have a policyin placewhich i belive is not currently the case,        i think it would be resposible to try and get this in place befor we allow any hens on allottments,             i have atatched some guidance from the RSPCA for your guidance,      please let me no what sort of structure you propose and what materials it will be made of and where on my plot they will be situated and when i am starting,        ARE THEY SAYING YES ...............pete

[mumofstig]

As long as they like the look of what you are proposing they'll let you do it,  by the sound of things 

[joyfull]

and that you meet the minimum space requirements and are aware of good animal husbandry.
Take a lot of care and attention to your plans, also find out if you have a local vets for any treatment your hens may need (this sort of thing shows that you have any hens welfare to the forefront of your plans).

[Aunt Sally]

I think they are saying YES and are asking you to help them with writing the guidelines for keeping hens.  Once they have been sorted out to both of your liking then you'll be a chicken keeper again.

Well done Pete

[nic_28]

fingers crossed pete!!! well done to you and Yorkie!  

[ANHBUC]

That is good news Pete.  Don't forget to cover how you will deter rodents.  Metal bins for your feed and bedding.  No food left overnight to attract them.  Let them know your cleaning regime so that they will not see your proposals as any sort of a health hazard.  They will probably also want to know the maximum number of hens you will be keeping.  If you allow 3 meters square for each hen they should have no objections.  Let them know how experienced you are in keeping hens as that is definately a plus.

Good luck.   

[Yorkie]

Great news, well done.

If I locate any details from our policies I'll post them up - next week probably though.

[splash101]

ARE THEY SAYING YES .............

My dealings with our local council is they like to sit on the fence and never give a straight answer or comit to anything.

At least you seem to be on the right track and they havent definately said no.

As suggested, i would draw up an action plan with as much detail as possible and bombard them with knowledgable information.

Great work though.

[Madame Cholet]

Well done keep at it.

[vegypete]

hi ya firstly a big thank you to YORKIE  for puting a proffesianel looking letter to gether for me to email my local council and a big thank you to  all of you who are behind this cause and all your input, i have taken photoes and measure ments of my plot and were the hens will be put , i am going to send the council a package of my plans ie layout of plot size of hen hut and run metal food storage bins hygene jays fluid red mite and other  pest controls, local vets ect ect no stone unturned, then i can think about going about my buiness of keeping hens on my plot and grwing vegeys thanks again for your cooperation guys and girls .............pete