Local bylaws

[alldigging]

Have been told today that Oldham don't allow chickens on their allotments.

I've asked why and been told it's in a bylaw.

I have no idea where they keep their bylaws - too late today to start ringing round but I asked the council officer for more details.

Their website does mention chickens on allotments
Animals on allotments | Allotments | Oldham Council

Animals on allotments
Animals must not be kept on allotments, or anywhere else, unless they can be provided with an appropriate environment and adequate general care.

Animal welfare
If you keep animals on your allotment you must comply with animal welfare guidelines.

I'm assuming a look at the bylaws is a phonecall and trip to the civic centre ...
Might be interesting to look at the other ones they have too.

[SteevK]

Hi
Surly by what you say, chickens ARE allowed on the allotment, because the bylaw says “Animals must not be kept on allotments, or anywhere else, unless they can be provided with an appropriate environment and adequate general care” Obviously you will be providing the appropriate environment and care and welfare guidelines and therefore according to the bylaws animals, (and chickens) can be kept there. I think it is easier for them to say no and try and hide behind by laws rather that to get off their butts and do some work. Use the bylaws to your favour and tell them according to local bylaws, you CAN keep chickens on the allotment (and hopefully will). Good luck in your endeavour.

[SarzWix]

Yes, I'd check this very thoroughly indeed, because even if there IS a by-law, it has to over-ride an Act of parliament (The Allotments Act 1950) which I'm not sure it can do. The other old chestnut that councils like to throw out as an excuse is that 'these allotments aren't statutory allotments so the Act doesn't apply'. Well, according to the NSALG legal team, 'statutory'/'non-statutory' only applies to the method of acquisition and disposal of allotments, in all other respects, the Act applies to land being used as allotments, unless you're renting a corner of a farmer's field on your own.

[bearded bloke]

Surely a chicken is a bird,not an animal (pig,goat,rabbit,etc) & as such not covered by a bylaw aimed specifically at "Animals on allotments" or am I splitting Hares (another animal)

[alldigging]

This is where the confusion comes from - the council website says one thing and there is no other info about it on there; and the council man says there's a bylaw.

Do any councils list their bylaws online?

[SarzWix]

What a very helpful solicitor told me when I was investigating this issue is that the best thing to do is write them a letter saying something like 'I'm planning to do 'this', which I believe is my right under the Allotments Act 1950 (copy enclosed), and am writing as a matter of courtesy to inform you of my plans. If you believe there to be any legal impediment to these plans, please inform me by (date approx 30 days ahead) enclosing evidence'
This then puts the burden of proof on them, and if there is a legal impediment, you get to see what it is without having to do all the work yourself, and can then decide whether it's worth fighting them. Join NSALG if you haven't already and then you get the benefit of their legal expertise in this area

[Two_Sheds]

the council man says there's a bylaw.

Unless he can provide you with a copy, go ahead with the hens

[Samurailord]

My understanding of the 1950 Act is that allotment holders on council allotments (not privately owned) have the right to keep chickens and rabbits unless an already existing local by-law specifically prohibits the keeping of livestock in that area.

So it is possible that Oldham Council had a pre-existing by-law, but unlikely. More likely they don't understand the law themselves.

Andy

Andy

[Thelma Sanders]

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

I would write to your council, pointing out s.12(1) and that a tenancy agreement cannot override a statute.
If they say no again, ask them what legal basis they have for ignoring an Act of Parliament.

[SarzWix]

No, according to NSALG, even private allotments are covered by the law if the land has had a change of use applied to it (ie. you're not just renting a corner of a field which is still under agricultural use). You'd have to check your lease and make sure you were renting an 'allotment' and not a 'leisure garden' but otherwise an allotment is an allotment according to the legal lady. Definitely worth paying for membership to get this advice and back-up for yourself.