Problems, problems, problems

[curly kale]

I hope I'm posting this in the right place.  I've got three problems which I can't find the answers to anywhere?

Could anyone help as to what the law is with regards to keeping animals on allotments?  The animals in question are pigs, horses, donkeys, dogs, goat, pigeons - and chickens.

Is there any higher authority (to appeal to) apart from the Committee on a tenants managed allotment site? 

The other thing... is there such a thing as a difference between an 'Allotment' and an 'Allotment Garden'?  I'm being told that there is and that is why animals are allowed.

[curly kale]

[cornykev]

Animals are not allowed on our site Curly, every site is different and has its own rules, not really the answer your looking for, but good luck.  ;D ;D ;D

[Trevor_D]

You need to look at the constitution, where it will be stated quite clearly whether they are or aren't. Our site is self-managed and animals are allowed. I know that a lot of sites, especially council-run ones, forbid them.

And sorry, there is no higher 'court of appeal', other than changing the constitution at an AGM.

[curly kale]

So, if the Committee is being run by an individual who is victimising one of the tenants (not me!) then there is nothing that can be done about it?

I thought it was against the law to have animals on allotments - irrespective of what the constitution says?

[Baccy Man]

There is no difference between an allotment & an allotment garden. The 1922, Allotment Act defines an‘allotment garden’ as “an allotment not exceeding forty poles in extent which is wholly or mainly cultivated by the occupier for the production of vegetable or fruit crops for consumption by himself or his family” This definition is still relevant today. It means that if the allotment is used mainly for growing vegetables or fruit, then some of the plot can be used in other ways.
I am assuming you are still on the same site & it is a continuation of the problems that were discussed in this thread, or has the situation changed since then?
http://www.allotments4all.co.uk/smf/index.php/topic,33611.0.html
If you are  still on the same site then Doncaster councils rules will still apply pigeons & chickens would be allowed, pigs & goats will require a licence from DEFRA, horses, donkeys & dogs will need a special arrangement.

[curly kale]

Yes, its based on the events that happened in July but I now know a lot more about what has been going on. 

Its a Catch 22 situation  - who do you complain to when the only people you can complain to are the ones causing the problems?

[djbrenton]

On the old thread you didn't confirm that your allotments were owned by the local council. If they are, then there will be an allotment officer who can advise you and also your Associations Constitution has to have been approved by the Council ( it will be a requirement of the lease). The conditions of the lease overrule the constitution so if the allotments officer says that animals are not allowed then that's final. The Committee must comply with the terms of the lease so you can force the council to take action if the site is being run in contravention of the lease. The two departments to approach are whichever one is responsible for allotments and, as an escalation, property services. It's Property Services (or whatever name they use in your council) who have leases drawn up and have overall responsibility for legal issues concerning leased property.

If it's not council owned then there will still be an owner who will have stipulated conditions in the lease

[djbrenton]

If you're not sure whether your site is Council owned, here's a list of the sites Doncaster Council leases to associations

Broomhouse Lane, Balby (statutory)      1.11ha   
Castle Farm, Conisbrough (statutory)      6.47ha   
Crimpsall, Hexthorpe (statutory)      1.51ha   
Neale Road, Wheatley (statutory)      4.12ha   
New Village, Bentley (statutory)      0.80ha   
York Street, Rossington (statutory)      3.01ha   
Watch House Lane, Bentley (statutory)      8.22ha   
Roman Ridge, Woodlands (statutory)      5.01ha   
Strawberry Island, Wheatley (statutory)      1.04ha   
Adwick Road, Mexborough (statutory)      7.48ha   
Dolcliffe Road, Mexborough (statutory)      1.05ha   
Herbert Street, Mexborough (statutory)      0.86ha   
The Park, Woodlands (statutory)      1.87ha   
Arthur Street, Bentley (temporary)      0.52ha   
Ansdell Road, Bentley (temporary)      0.20ha   
Cawdor Street, Bentley (temporary)      2.38ha   
Pipering Lane, Bentley (temporary)      1.57ha   
Rostholme, Bentley (temporary)      2.69ha   
Genoa Street, Mexborough (temporary)      0.28ha   
York Street, Mexborough (temporary)      1.60ha   
Park Road, Mexborough (temporary)      0.19ha   
Snake Lane, Conisbrough (temporary)      1.03ha   
Grange Highfields (temporary)      3.40ha   
Pighills, Thorne (temporary)      11.7ha   
South Street, Thorne (temporary)      0.50ha   
Locarno Road, Thorne (temporary)      0.13ha

[curly kale]

Yes, its Council owned - showing as temporary.

Any idea how could I find out the terms of the lease?  I can't ask the Committee for it. 

Would the Council have to comply with the Allotments Act (with regard to animals) or would the terms of their lease supercede the Act?

Sorry to ask so many questions - I just don't know where else to get help.

[djbrenton]

The lease will almost certainly contain a clause stating that tenancies must comply with the allotments act. I would be incredibly surprised if the Council allow horses and pigs under the terms of the lease. Are their any houses adjacent to the allotments? The council certainly would have to take seriously a complaint from one of them, but in any case, contacting the allotments officer in the first place should stir things up. As I said earlier, if you contact the property cervices department simply asking why they allow horses and pigs on the site, they will take a keen interest in such a breach of the lease.

[Baccy Man]

The council always have to comply with the allotments act in the case of hens for example.

Hens are allowed on all council owned allotments in England and Wales.
The Allotment Act 1950 includes the allowance of certain forms of livestock (hens and rabbits) to be kept although it states this can be, in some cases, restricted by local by-laws. Cockerels are not allowed by the Allotment Act.
A council may have local rules to specify that no livestock or hens are allowed. However, these local regulations must adhere to the Allotment Act(s) and those regulations that do not comply are not enforceable until confirmed by a local by-law. I have never heard of such a by-law actually being in place.

If someone wanted to keep hens but the council stated hens were not allowed on the site if you ask the council about the by-laws relating to section 12 of the allotments act 1950 and to see those by-laws in writing they would back down spectacularly fast because most of the people who work at the council don't have a clue what the law really is they just make it up as they go along. Once they realise you know what you are talking about they give in because they know they can't win the argument.

[Growbe]

Our allotment allows hens and rabbits.

I would contact the council first directly if you have an issue.
Failng that contact the RSPCA

http://www.rspca.org.uk/servlet/Satellite?pagename=RSPCA/RSPCARedirect&pg=local_authorities&marker=1&articleId=1116061669642

[Eristic]

Hens are allowed on all council owned allotments in England and Wales.

No longer true I'm afraid. It's been contested and lost, superceded by more modern legislation.

[curly kale]

Thanks for your help.  I obviously need to get in touch with the Council.   Its not the tenants that are the problem.