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WE WIN AND GET TO KEEP CHICKENS
#31
The right outcome for once well done!
#32
well done one more chuckler in the world (we will take over eventually)  :woot:
#33
What brilliant news! I should think you need a holiday after all that angst. And it's good that we're all now able to quote the allotment act if we get any grief from our own local jobsworths, so thanks for sharing that too!
#34
Way to go Slight out dose Might

I hope you get the best chucks in your area and they give you 2 eggs a day each
#35
Just wondering if that advice applies to people with odd covenants in their deeds too?
#36
[quote name='marjo080798']thanks rlucas!

it's perfectly legal to begin with though... not really a precedent.didn't you point that out a good while ago? if so, shame on me for not seeing that! :blushing:[/QUOTE]



I wouldn't worry too much, it counts for a bit more when you can say "I have legal advice that..." rather than "This bloke on the net says..."
#37
[quote name='pdblake']Just wondering if that advice applies to people with odd covenants in their deeds too?[/QUOTE]







this is the clause from the Allotments Act 1950 if it help:-



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.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1S. 12(2) repealed by Statute Law (Repeals) Act 1973 (c. 39), s. 1(1), Sch. 1 Pt. VIII
#38
brill news for you. So many crazy jobsworthy people out there but for once the sensible approach seems to have won through.



*cheer*
#39
[quote name='Cheepers']this is the clause from the Allotments Act 1950 if it help:-



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.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1S. 12(2) repealed by Statute Law (Repeals) Act 1973 (c. 39), s. 1(1), Sch. 1 Pt. VIII[/QUOTE]



In that case it's good news for everyone then. By looks of that, so long as you are not trading then the only thing that can stop you keeping chickens anywhere is a local by-law.



:goodpost:
#40
[quote name='pdblake']In that case it's good news for everyone then. By looks of that, so long as you are not trading then the only thing that can stop you keeping chickens anywhere is a local by-law.



:goodpost:[/QUOTE]



The point is - a local bylaw CANNOT over-ride an Act of Parliament.
#41
Even better thenSmile
#42
Interestingly, the act explicitly says when it mentions allotment gardens, for example, in section 1 it says "land let on a tenancy for use by the tenant as an allotment garden" - not posting the entire thing 'cos it would be too big but you can look it up on the Office of Public Sector Information website (opsi.gov.uk, search for allotments act 1950)

The section about abolition of the contractual restrictions on keeping (Section 12), however, does not say "land to be used as an allotment garden", it says any land, which includes gardens as well.



... just in case someone ever tried to tell you that the act doesn't cover residential gardens.
#43
Hooray, we can all have 100 rabbits as well.. rabbit run
#44
Well done to you, it just shows what u can achieve when you persist.
#45
That is fantastic news, congratulations, get a pony as well and claim grazing rights. He he he.:*cheer*


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