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The Lewis chickens ***latest update***

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Dear All

 

I have been informed that Mr & Mrs Lewis have been told verbally that there will be no further action against them by the council, although this hasn't been confirmed in writing to them.

 

I think the decision was overturned due to a clause in 'the allotment act' which allowed the chickens to remain and if you bear with me, I'll try and find out what that clause is as it may help other people in the same situation. I belive the act overrides any deeds and/or tenancy agreements but bear with me while I try to find out. Or, if someone else can try and find out that would be brill as I have a lot on my plate at the mo.

 

I'd love to be able to give you a definite answer but I think the family are hesitant to divulge any further information for fear of prejudicing/influencing the decision. So, it looks like the chickens are safe and staying which is brilliant news!

 

Should I hear anything to the contrary, I will of course let you know.

 

Thank you all so much for your support, I'm sure it helped to make a difference and it goes to show what sticking together can achieve!

 

:D

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Dear All

 

 

 

I think the decision was overturned due to a clause in 'the allotment act' which allowed the chickens to remain and if you bear with me, I'll try and find out what that clause is as it may help other people in the same situation. I belive the act overrides any deeds and/or tenancy agreements but bear with me while I try to find out. Or, if someone else can try and find out that would be brill as I have a lot on my plate at the mo.

 

 

 

 

Someone recently posted the wording in a thread in the Eglu and Cubes section

 

viewtopic.php?f=4&t=45645&view=unread#unread

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aha! Thanks for that Tash, I'll copy it here to make it easier and let everyone in the facebook group know :D

 

So via another website thread I just found this - bingo!!!!!

 

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)

 

Someone via this site has previously sought legal advice and asked whether this means that they could keep chooks in their garden, despite the covenant in their deeds and even though their housing company/developer told them they couldn't - this is what they were told:

 

"the Allotments Act 1950 (and any other Act of Parliament) overrides all other sources of law, apart from European Directives"

 

This means that anyone can keep hens legally and doesn't need to worry about being punished if they do.

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