Keeping Chickens and the Law

[ceres]

I've often read on here 'we're not allowed to have chickens on our site'.  I'm sure aspiring chicken-keepers are told that by Site Reps/Committees/Councils etc but I'm wondering how often the refusal to allow could be over-turned if someone challenged it.

I've been investigating the position for my site and the NSALG has been very helpful in explaining the legal position.  Allotment law confers the legal right to keep chickens.  As I understand their argument, the circumstances under which that right can be over-turned are very limited i.e. if the land is Council-owned, there would have to be a local by-law prohibiting the keeping of chickens.  If the land is rented from a third party, either by the Council or by an Association, the lease would have to contain a covenant prohibiting the keeping of chickens.  It seems to me that situations like these might be quite rare.

If neither of these restrictions apply then you can keep chickens regardless of what the Council thinks, or your Site Rep, Association, Committee, neighbours etc. etc.  You don't have to ask permission or notify anyone, although obviously it would be best to stay on good terms with those on your site if at all possible.

Has anyone ever challenged the 'no chickens rule' on the basis of what the law allows and been successful?  If not, why not?

[ceres]

[kt.]

Allotment law confers the legal right to keep chickens.  As I understand their argument, the circumstances under which that right can be over-turned are very limited i.e. if the land is Council-owned, there would have to be a local by-law prohibiting the keeping of chickens.  If the land is rented from a third party, either by the Council or by an Association, the lease would have to contain a covenant prohibiting the keeping of chickens.  It seems to me that situations like these might be quite rare.

Has anyone ever challenged the 'no chickens rule' on the basis of what the law allows and been successful?  If not, why not?

On our site, we have 20% of plots specifically for people who wish to keep chickens on their cultivated allotment.  People can swap plots as and when one becomes available but these are few and far between.

A few months ago, there was a thread on here about somebody who fought and won a local council ruling on "No chickens".  If you have the time I am sure you will be able to find it.

This may help:
http://www.allotments4all.co.uk/smf/index.php/topic,49933.0.html

[ceres]

Have you tried challenging the 20% rule because it probably isn't legal to limit the  number of plots that can have them?

I've established the position for my site.  I'm curious why people just accept the 'no chickens' rule without question.

[kt.]

The 20% rule is because the site is now surrounded by housing estates on 3 sides.  Considering neighbours I guess.  If people cannot look after an allotment for cultivation then they are probably not going to be there daily to feed the hens.  But this rule works fine for our site for now and it keeps the status quo. 

[caroline7758]

Yes, Ceres,my brother is a town clerk and I read the same in his "The Clerk" magazine (has to be on have i got News for you soon! ;D)recently.