can you keep chickens in your garden?

[ckfe]

My parents house has a clause that they will not bottle fruit or make jam for comercial purposes!

why for gods sake??? lol

[ckfe]

Open to interpretation perhaps? What's perfectly acceptible to one may annoy the hell out of someone else...

bonus!!

[Bramble-Poultry]

nah - not allowed to be commercial - only for personal uses and there is a limit on numbers in so called residential areas (close your ears mo).

Bottling and Jam making thats a random clause! Wonder where that one came from - like it though made me laugh.

Some new builds have covenents on the saying you are not permitted to run a business from home but never heard of one so specific - oh and btw - no covenent can stop you working from home either - it breaks the law to stop you earning a living (had that argument with the council too!)

[Bramble-Poultry]

yeah it is open to interpretation thankfully what passes as annoyance is actually written down - noise levels, smells, dust and vermin - so no cockerels!! Its controlled by the environmental health team at the local authority, hens do not make enough noise consistently to be classed as a nusience - smells and vermin well thats up to you!!

[TPeers]

The reason for the clause is simple - the land the estate was built on was once a major kentish orchard!

[Bramble-Poultry]

Ahh I see

Right found the clause in the act :-

The Allotments Act 1950, Chapter 31, Section 12 states that regardless of clauses in leases/ tenancies/ covenants/ contracts or agreements to the contrary, the occupier of ANY LAND can keep hens and rabbits on it, for their own use, so long as they set up and maintain adequate housing and so long as they make sure that the hens/rabbits don't become a nuisance or pose a threat to health.

(Navigate to the Office of Public Sector Information website (opsi.gov.uk) and search for Allotments Act 1950 Chapter 31 to read the full text)

[NOG]

Lots of councils will have bylaws to prevent you having Cockerals..

[TPeers]

They are a noise nuisance, especially in suburbia. Cock crow from oh my God a'clock to dusk - in the suburbs where it never quite gets dark they can crow all night!

[Bramble-Poultry]

bloody noise nusience here too - and its not suburbia its middle of nowhere - suppose if you will keep 20 odd cocks the you must expect the dawn chorus!!

[rustylady]

Lots of councils will have bylaws to prevent you having Cockerals..

But if I read it right the Allotments Act overrides this

[Bramble-Poultry]

no - it says as long as they don't cause a nusience - noise pollution is a form of nuscience and a cock crowing would dprobably be reported as such

[Jardiniere]

this was so interesting! i have no idea what any of the by laws etc are here in france ..we just got chickens and that was that .....now we have cleared our piece of land ( see piccies on my page) i am not going to grow veg in the garden any more and we were thinking we might have room for a swimming pool and i asked a friend if she thought we would get planning permission and she said 'of course you will..its a basic human right in france to have a pool in your garden if you want one '(and can afford it)which i thought was amusing......

[tlck9]

I need to check this out then, as my solicitor said that any covenant overrules any regulations, as you have bound to agree to the rules when you sign your contracts

If the covenent holder wished to do so they could sue for breach of contract, because you are signing a legal document to abide by their rules

Any local byelaws etc would be useless in a court if it was taken so.....which is why I need to get it in writing that I can keep chickens here....

But if what you say is correct then the builder has absolutely no right to impose this rules in the first place

Having recently had the conversation with my solicitor the covenent stands unless I have a temporay dispensation to waive it

[SimonA]

Some new builds have covenents on the saying you are not permitted to run a business from home but never heard of one so specific - oh and btw - no covenent can stop you working from home either - it breaks the law to stop you earning a living (had that argument with the council too!)

I live in a 12 year old house and it has a covenent about not running a business from home. Since nearly all of my neighbours do, I didn't worry about that one. I also had no TV aerials, all my neighbours have them, same for satellite dishes. Nothing in mine about poultry or livestock though.

[tlck9]

Some new builds have covenents on the saying you are not permitted to run a business from home but never heard of one so specific - oh and btw - no covenent can stop you working from home either - it breaks the law to stop you earning a living (had that argument with the council too!)


This is really interesting, I know going off the subject, the only stipulation was no commercial vans, which as you say is effectively stopping people from working, ..... but I didnt have the working form home one

they are a law unto themselves on these regulations

All the builder said was get a letter from each neighbour, and confirmation from the council about having an ark

At the moment they are on the allotment, but I was thinking during the cold months of moving them here as its not so bleak