A COMPLAINT about early-rising roosters disturbing the peace of a residential area with their crowing cacophony has led to cockerels being removed from a Kendal allotment.

Some poultry breeders who have fallen 'fowl' of Kendal Town Council's no-cockerel policy have got rid of some of their birds but others remain to ruffle the feathers of the complainant who claims to be kept awake from 3am.

Prize-winning poultry breeder Jim Benson is one of those who could be forced to evict his Rhode Island Red cockerels from the Coley Barn Allotments despite keeping birds there for more than 30 years.

And residents on nearby Windermere Road are supporting the allotment holders with 12 contacted by The Westmorland Gazette saying that the boisterous birds' crowing does not bother them.

At one time there were 26 cockerels on the allotments but following a family's complaint about the noise to Kendal Town, that has now fallen to 12.

The complaint has forced the hand of Kendal Town Council, which has a no-cockerel policy in its Allotment Tenancy Agreement, but has “turned a blind eye” on some sites for decades.

At their meeting on Monday, councillors expressed support for Mr Benson, but said they could be left in a difficult situation legally for not enforcing the agreement.

Cllr John Veevers, chairman of the Allotments Committee, said: “Once we get a complaint we have to act on it, and we’ve thrown people off allotments in the past for keeping cockerels.”

Cllr John McCreesh suggested the council ask for legal advice on whether the the tenancy agreement could be re-worded to allow controlled roosters with written consent.

He said: “This is a ridiculous position we’ve been put in – ‘turning a blind eye’ on this site has obviously worked well over the years but now what has been done on a good neighbourly basis has fallen apart.

“We have to either change the agreement or enforce it – otherwise we leave ourselves open to further challenges.”

A report to Kendal Town Council said some Coley Barn plots are only suitable for keeping livestock because of poor quality soil, and historically a small number of cockerels have been ‘tolerated’ for more than 40 years.

The complainant says: “I have become increasingly aware of the noise from the cockerels, which start calling to each other continuously from 3am onwards.

“This results in disturbed sleep for both myself and my family.

“There is a general perception in the local neighbourhood that the livestock keepers ‘are a law unto themselves’.”

Following the complaint, the town handyman inspected the site and reported that 26 cockerels were on site, owned by six tenants.

A letter was sent to the tenants asking them to remove their cockerels, but three, including Mr Benson, objected.

The numbers have now reduced to 12 cockerels owned by five tenants, with Mr Benson’s birds accounting for six.

Support for Mr Benson has flooded in from the Poultry Fancy, with a number of people pleading for him to be made ‘an exception to the rule’.

Speaking as a member of the public at KTC’s meeting, farmer and local district and county councillor, James Airey said: “Jim Benson is not an ordinary poultry keeper – he’s a living legend.

“When Jim received the letter regarding the complaint he reduced the number of cockerels immediately.

“Jim’s involvement in the Rhode Island Red breed is absolutely essential and it’s more than his hobby – it’s a very important part of Kendal life.”

KTC has also received four letters of support for Mr Benson, with one from Eden Valley Poultry Club secretary Rosie Addison saying: “This gentleman has put his life and soul into breeding such quality birds, to take away his life’s work would be catastrophic and a terrible loss to the poultry world.”

Mr Benson’s niece Natalie Rooke said: "He has become part of the local community, visiting schools to teach children how he cares for his cockerels and hens.”

She added: “I am also concerned about the health of my retired uncle, being forced out of a hobby and a love he has held for such a large part of his life.”

The town council resolved to seek legal advice on whether the Tenancy Agreement could be reworded.

In the meantime, councillors also voted to ask the Poultry Club to conduct trials on the site in an attempt to cut down early morning noise.

Measures discussed included putting shutters on the cabins and locking the cockerels in until 8.30am.

Mr Benson, of Hallgarth Circle, said he was ‘quite prepared’ to accept any restrictions that allowed him to keep his birds.

“It’s difficult because I don’t want to upset the town council,” he said, “But if I can’t breed young ones I can’t keep the stock.

“I’ll have to pack up altogether after more than 30 years - I’m 66, so I’m too old to up sticks and move now.”

Mr Benson also said he would have to give up his role as Poultry Secretary of Westmorland County Show, and involvement with other shows, explaining: “It’s all or nothing.”