Tink Posted June 2, 2009 Share Posted June 2, 2009 Hello I have recently asked the council if I could keep 3 chickens in my garden. After debate I was told no! My tenancy agreement says no livestock/poultry. Im SO dissapointed I understand that other people have got round this by keeping ornamental laying breeds which are not classed as poultry/livestock. Does anyone know anything about this? Why they are not classed as poultry and which breeds they are. Any info that could help my case would be very much appreciated!! If I can get as much info as possible and then get back to the council I might have a good chance!! THANK YOU!! Quote Link to comment Share on other sites More sharing options...
Redwing Posted June 2, 2009 Share Posted June 2, 2009 I haven't heard about that directly but I would say that if you say they are pets you might be able to persuade the council Bantams might be an option as they could be argued as pets Quote Link to comment Share on other sites More sharing options...
Tink Posted June 2, 2009 Author Share Posted June 2, 2009 Thank you! Ive had a quick look round the internet and was thinking bantams may be the way forward (unless anyone else has any further suggestions!!) The only problem is I cant find anywhere specific where it states they are an ornamental breed and not 'livestock' as such... Quote Link to comment Share on other sites More sharing options...
Redwing Posted June 2, 2009 Share Posted June 2, 2009 I think the rules are often outdated, its not like you want to keep a flock of poultry in your garden, you probably only want a few in a run and to me that is very different, I would try approaching them on that basis Best of luck! Quote Link to comment Share on other sites More sharing options...
Tink Posted June 2, 2009 Author Share Posted June 2, 2009 Thank you redwing - am certainly going to keep trying. Have wanted chickens for ages! We have spent weeks sorting out the garden - have arms and legs covered in wounds to prove it Rang the council today and they said no because they are livestock! Like you said, I only want 3!! Its hardly a working farm is it?? Havent tried the ornamental angle yet though - want to get as much information as possible before I launch the "counter-attack" tomorrow I just cant seem to find any written information on the internet that states the fact that they are not classed as livestock... Quote Link to comment Share on other sites More sharing options...
tom123 Posted June 2, 2009 Share Posted June 2, 2009 Good Luck with the 'counter-attack'. Just wondering, if you don't mind me asking, what council is this? Thanks Tom Quote Link to comment Share on other sites More sharing options...
Tink Posted June 2, 2009 Author Share Posted June 2, 2009 Hi Tom Its leeds, yorkshire! Quote Link to comment Share on other sites More sharing options...
Lewis Posted June 2, 2009 Share Posted June 2, 2009 I don't think they can say know, and they aren't likely to do a spot check on your darden are they? Have a look at this thread which has an act which says you should be able to keep chickens. It might be worth quoting it to the council I've never asked the council. What they don't know can't hurt them. There are others on here from leeds, maybe they can help . Quote Link to comment Share on other sites More sharing options...
Tink Posted June 2, 2009 Author Share Posted June 2, 2009 ooohhhhh, thats VERY interesting! Thank you so much for that!! Im just wondering now if it is actually written anywhere that the "any land" bit also applies to rented council gardens... If I can find it stated somewhere then it would be 'cased closed' I read that a barrister had defined it as such but I could do with proof to show them!! Thank you again for that.... there is a glimmer of hope again Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted June 3, 2009 Share Posted June 3, 2009 I remain unconvinced that this 'any land' refers to land other than that covered by the Allotments Act tbh. If so, surely it would have been sited in the case of the **Gateshead Two**. Good luck gbadley. I hope yo can get your council to change its mind. Quote Link to comment Share on other sites More sharing options...
Tweety Posted June 3, 2009 Share Posted June 3, 2009 I'm afraid that the Allotments Act does not apply to your situation. Although your council has said no to you, I would have thought that it would be worth writing to them asking them to waive the ban on keeping livestock/poultry, and putting in writing the fact that you would keep no more than 3 hens and no cockerels. I would also speak to your immediate neighbours and, if possible, get something in writing from them to say that they have no objections to your keeping hens, and send this to the council too. Hope you have some success! Quote Link to comment Share on other sites More sharing options...
Tink Posted June 3, 2009 Author Share Posted June 3, 2009 Im still unsure whether the allotment act does apply... Got this sent from another forum, its the 1925 Act which the 1950 Act refers to.. 1. Interpretation. In this Act, unless the context otherwise requires,— “Allotment” means an allotment garden as defined by the M1 Allotments Act, 1922, or any parcel of land not more than five acres in extent cultivated or intended to be cultivated as a garden or farm, or partly as a garden and partly as a farm; Very confusing.... Quote Link to comment Share on other sites More sharing options...
Lewis Posted June 3, 2009 Share Posted June 3, 2009 “Allotment” means an allotment garden as defined by the M1 Allotments Act, 1922, or any parcel of land not more than five acres in extent cultivated or intended to be cultivated as a garden or farm, or partly as a garden and partly as a farm; Looks like you need to grow some carrots The Lewis's won their case, so maybe you should write a letter to the council and quote the allotment act, do as others have said and speak to the neighbours, only have 3 hens and no cockerels. Say they will be in an eglu which is clean etc. Good luck Quote Link to comment Share on other sites More sharing options...
Tweety Posted June 3, 2009 Share Posted June 3, 2009 Is the piece of land you want to keep chickens on an allotment garden, or has it ever been one? If not, the acts won't apply to it - if they did, they would also apply to any piece of land falling within the definition ie most people's back gardens! Quote Link to comment Share on other sites More sharing options...
Tink Posted June 3, 2009 Author Share Posted June 3, 2009 no, it is not or has ever been an allotment. There is so much discussion on this point over lots of different forums. One person had a barrister look at the act and they took it to mean ANY piece of land. Some people have definatly interpreted it to mean peoples back gardens as the original act actually states any peice of land cultivated as a garden..... Im really not sure.... Quote Link to comment Share on other sites More sharing options...
Tink Posted June 3, 2009 Author Share Posted June 3, 2009 Egluntine... I just read the post you mentioned about the gateshead two... If you read the actual article from the link it does say that the allotment act was cited... Also, it refers to his 'home' and not his allotment... Quote "The Lewises had again faced being turfed out of their Dennison Crescent property in Birtley until an obscure clause in the 1950 Allotment Act provided them with a loop-hole for hanging on to their hens. Now they can now continue to count on fresh eggs for their breakfast each morning, a well as the honey they won the right to in 1989" Quote Link to comment Share on other sites More sharing options...
Tweety Posted June 3, 2009 Share Posted June 3, 2009 Even if the act does apply, which I am not convinced it does, the keeping of hens on the land in question must not be prejudicial to health or a nuisance etc. For that reason, I would stick with my original suggestion of speaking to your neighbours and trying to get their written agreement to send to the council along with your letter stating that you will only keep 3 hens and no cockerels. Good luck - let us know how you get on. Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted June 3, 2009 Share Posted June 3, 2009 I would say you would be safer to get a legal opinion on it. There seem to be many different interpretations abounding. Quote Link to comment Share on other sites More sharing options...
Tink Posted June 5, 2009 Author Share Posted June 5, 2009 Have written a polite letter to the council explaining my reasons and with all the information and copies of the acts.... just have to wait and see now! Thanks again for everyones help!! Quote Link to comment Share on other sites More sharing options...
Lewis Posted June 5, 2009 Share Posted June 5, 2009 Good luck Quote Link to comment Share on other sites More sharing options...
