Legal Definition of a 'Nesting Bird'

[daltontrees]

I have an even worse scenbario a thte minute, a pigeon in a large TPO'd Lime, tree is so dangerous that I have notified the Council that it is being taken down urgently without applying for consent. On looking into the legalities, it seems there is no statutory power to disturb nesting birds in emergencies like this. We are watching the nest, first time the bird leaves with chicks the nest is coming out and a bird scarer is going in for the week or so it will take to mobilise the removal.

[kevinjohnsonmbe]

Wouldn't the "duty" to take reasonable measures under OLA require the tree owner to take necessary steps Jules??

 

It's almost as if the 2 (+)Acts are opposing each other?

 

Unless, the reasonable steps might be to exclude human occupation (assuming there's no risk to structures??)

 

I had rooks nesting in a Pop over a children's playground. RSPB consulted, on consideration, it was deemed reasonable and necessary (which isn't quite a legal green light, but since if there was to have been a subsequent prosecution, it would most likely have been via RSPB. )

 

Tricky...

[Gary Prentice]

I have an even worse scenbario a thte minute, a pigeon in a large TPO'd Lime, tree is so dangerous that I have notified the Council that it is being taken down urgently without applying for consent. On looking into the legalities, it seems there is no statutory power to disturb nesting birds in emergencies like this. We are watching the nest, first time the bird leaves with chicks the nest is coming out and a bird scarer is going in for the week or so it will take to mobilise the removal.

 

Strange. I'm sure there's exceptions within bat legislation for similar scenarios

[woody paul]

I have an even worse scenbario a thte minute, a pigeon in a large TPO'd Lime, tree is so dangerous that I have notified the Council that it is being taken down urgently without applying for consent. On looking into the legalities, it seems there is no statutory power to disturb nesting birds in emergencies like this. We are watching the nest, first time the bird leaves with chicks the nest is coming out and a bird scarer is going in for the week or so it will take to mobilise the removal.

 

If tree is that bad you should get an exemption and get on with it.

[daltontrees]

That6's what I'm saying, there is no exemption, and no statutory power for anyone to grant one on application. A license can be granted if it's a public health issue but not if it's a priate safety issue.

[daltontrees]

Strange. I'm sure there's exceptions within bat legislation for similar scenarios

 

This is covered in the recent BS8596 bt it doesn't grant an exemption, it just says what to do if potential roosts can't be ruled out and targets can't be excluded. As I recall. it also only covers publiuc safety, not private safety.

[daltontrees]

Unless, the reasonable steps might be to exclude human occupation (assuming there's no risk to structures??)

 

 

That's what we are doing. Structures are insured.

[drinksloe]

Possiby a bit of left field thinking, and i'm not sure the exact wording of the General Licence.

And not really the correct use of the GL.

The GL will be on defra website and is quite a hefty piece of legislation

 

But for some species u possibly would be allowed to destoy the nest for various reasons, usually crop protection, conservation or environmental health (air fields are another) are the main ones usually used. In the GL it ists the species and ways ur allowed to control them

U could destroy a corvid nest if u could argue the above reasons and meet the critera.

Pigeons are on the GL but not sure if nest destruction is allowed.

 

 

Fir the OP depending on the bird species and situation, but if the birds are pretty used to humans u could probaly move the nest box to a nearby tree and the birds just carry on as normal.

I had a robin nest in the electricty fuse board cupboard of a house i'm doing up last year, fledged 4 chicks althou 1 drowned in the toilet on an early flight