Hazardous tree with nesting birds

[twigger]

Hi, can anyone give some advice please on the correct legal way to deal with a situation? A tree survey ha identified a hazardous tree which needs to be felled immediately for safety reasons. However, there is an active birds nest in it - so it is illegal under the Wildlife & Countryside Act to do any tree works while birds are nesting there. It is not practical to fence off the hazardous tree until the birds have gone, because of its location next to residential properties. Any suggestions how to proceed please? Thank you

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[tree79]

Hi, can anyone give some ace please on the correct legal way to deal with a situation? A tree survey ha identified a hazardous tree which needs to be felled immediately for safety reasons. However, there is an active birds nest in it - so it is illegal under the Wildlife & Countryside Act to do any tree works while birds are nesting there. It is not practical to fence off the hazardous tree until the birds have gone, because of its location next to residential properties. Any suggestions how to proceed please? Thank you

.

 

Think it would depend on the degree of hazard. Check with natural England they would be able to help, but you may have to wait till the they have gone .

What birds are nesting, that will make difference to.

[arbmark]

can the tree be made safer without disturbing the nest - limited pruning /guying etc, use handsaws. there wont be chicks yet will there? do a risk assessment and do something i'd say

[corylus]

As Tree79 says, talk to NE

[Jesse]

Hi, can anyone give some advice please on the correct legal way to deal with a situation? A tree survey ha identified a hazardous tree which needs to be felled immediately for safety reasons. However, there is an active birds nest in it - so it is illegal under the Wildlife & Countryside Act to do any tree works while birds are nesting there. It is not practical to fence off the hazardous tree until the birds have gone, because of its location next to residential properties. Any suggestions how to proceed please? Thank you

.

 

The legal stance by law is human safety over wildlife, if its a professional consultant who has produced the report his details should be on it, just contact him in the first instance tell him about the nesting birds and ask him, if he says its ok to delay and he is prepared to accept the risk then wait, otherwise just let them carry on and fell the tree, and don't lose any sleep over it. Even with an 'immediate fell' it could take some LA's weeks to get around to it.

[Adam M]

What's the hazard? Got any pics?

[10 Bears]

Assuming the hazard is as you say, and an immediate fell is required the work is Exempt from prosecution. You will need documented evidence in an independent Arb Consultant report (ie not your own), photographic evidence and any other evidence you can muster eg PICUS scan if relevant.

 

Section 4 (3) a of the WCA clarifies this:

 

4 Exceptions to ss. 1 and 3

 

(3) Notwithstanding anything in the provisions of section 1 or any order made under section 3, an authorised person shall not be guilty of an offence by reason of the killing or injuring of any wild bird, other than a bird included in Schedule 1, if he shows that his action was necessary for the purpose of—

 

(a) preserving public health or public or air safety;

 

etc. etc. there are a couple of other clauses, but essentially if the situation is as you advise - you will be acting lawfully.

 

You can refer to the entire document here for further information: http://www.legislation.gov.uk/ukpga/1981/69

 

I know you have a tree survey done and this could be enough, but if feel you need the independent Arb Consultant report in addition to the survey PM me to arrange the work if necessary.

Edited April 3, 2015 by 10 Bears

[tree79]

The legal stance by law is human safety over wildlife, if its a professional consultant who has produced the report his details should be on it, just contact him in the first instance tell him about the nesting birds and ask him, if he says its ok to delay and he is prepared to accept the risk then wait, otherwise just let them carry on and fell the tree, and don't lose any sleep over it. Even with an 'immediate fell' it could take some LA's weeks to get around to it.

 

 

I would still be aware of what nesting bird it is, some birds have a higher level of protection and may even be European protected to.

Cant remember which way round it is, buts there schedule 1 and 2 protected birds.

[10 Bears]

All wild birds are protected under WCA when they are preparing a nest, nesting, brooding or roosting.

 

However, if the situation is as described in this thread, i.e. imminent danger to the public, then the work is exempt from prosecution.

[oakum]

Surprised no-one has suggested moving nest ?