Trees cut while birds nesting - UrgentAdvice requested

[Owl-Light]

I've just caught my neighbour's son starting to cut down their side of the Cyprus hedge that runs between our two back gardens. It's certainly getting tall and he wants to cut it down to about 6 feet high. I'd rather they left it but that's not my call. I wouldn't even mention it normally but what is upsetting me is that there are three sets of birds currently nesting in the hedge, a pair of collared doves, a pair of blackbirds and a pair of magpies, all of which may have young in the nests already or eggs developing.

I've asked him to hold back on cutting the trees for another 6 weeks or so just to give them time to fledge but his words "That's unreasonable (my request that is)... it's too bad... that's life" (when I said the young could die). I finally got him to wait until his father gets home in case he can be persuaded. The son is 35 years old by the way.

Does anyone know if there are any legal restrictions on cutting down trees with nesting birds in them. If there is, please respond quickly and I might be able to use that to prevent them from going ahead now and to wait a just few weeks enabling the birds to raise their young in peace.

[Oscar2006]

Originally Posted by Owl-Light

I've just caught my neighbour's son starting to cut down their side of the Cyprus hedge that runs between our two back gardens. It's certainly getting tall and he wants to cut it down to about 6 feet high. I'd rather they left it but that's not my call. I wouldn't even mention it normally but what is upsetting me is that there are three sets of birds currently nesting in the hedge, a pair of collared doves, a pair of blackbirds and a pair of magpies, all of which may have young in the nests already or eggs developing.

I've asked him to hold back on cutting the trees for another 6 weeks or so just to give them time to fledge but his words "That's unreasonable (my request that is)... it's too bad... that's life" (when I said the young could die). I finally got him to wait until his father gets home in case he can be persuaded. The son is 35 years old by the way.

Does anyone know if there are any legal restrictions on cutting down trees with nesting birds in them. If there is, please respond quickly and I might be able to use that to prevent them from going ahead now and to wait a just few weeks enabling the birds to raise their young in peace.

There is the Wildlife and Countryside Act that makes it an offence to intentionally disturb nesting birds, unless they fit into certain catergories. You may need to do a quick google on it.
I have stopped cutting mine back having found a Blackbird sitting on her nest.

[JeffH]

Owl-Light

You'll find a useful and quite comprehensive summary of the relevant legislation (but written in non-legal language) at NestingBirds

The RSPB: Conservation: Other rules for hedge trimming might also be useful

Jeff

[Adam Cheeseman]

As you have now made him aware of the nesting birds he cannot legally continue to cut the hedge, as you have informed him he cannot use ignorance of the fact as a defence.

The Hedgerow Regulations Act (which normally is applied to agricultural hedgerows, though does encompass others) says that no hedgecutting should be done from the 1st March to the 31st July.

You could contact your local Police Wildlife Officer that every county constabulary now has.

Cheers,

Adam

[Owl-Light]

Thanks guys, I really appreciate your help.

Just Found this too from the Eco Tree Care site (Oscar's tip set me on the right trail in my Google Search). I saw our Neighbours come home and popped round with a copy in my pocket as back up if they continued to be difficult. Fortunately the mum answered the door and we had a sensible and friendly conversation about the matter (the print out stayed in my pocket). They've now decided to cut down their trees completely but I made it clear that if the Eco Tree Care Site is correct, it would be illegal to do so before the end of July. Our side is pretty tall too so in the spirit of compromise, I agreed to reduce the height of ours as well at the end of the season.

I'm just really pleased we got back home from town when we did and were able to stop the son from doing any real damage. Thanks again for your advice. Hopefully the drama is over and the birds can sleep safe again tonight.

[eeyore]

Originally Posted by Owl-Light

but I made it clear that if the Eco Tree Care Site is correct, it would be illegal to do so before the end of July. Our side is pretty tall too so in the spirit of compromise, I agreed to reduce the height of ours as well at the end of the season.

glad it al turned out okay in the end owl light - one thing tho if the birds have second or third broods end of july might be a little early. We suspend all our tree works (except for those required for urgent health and safety puposes) from the begining of april until the begining of september

[Owl-Light]

Originally Posted by eeyore

glad it al turned out okay in the end owl light - one thing tho if the birds have second or third broods end of july might be a little early. We suspend all our tree works (except for those required for urgent health and safety puposes) from the begining of april until the begining of september

We certainly won't cut ours until then but I had a devil of a job persuading the neighbours to stick it out until the end of July as it is. I'm hoping with greater human activity in that area of the garden as summer develops the birds will be inclined to move to a different nesting area for any subsequent broods. I certainly only saw the Collared Doves raise one brood there last spring. I'm really hoping I'm not going to have to speak to them again on the matter. I will if I have to but I hate confrontations.

[Wild-Woman]

Originally Posted by Owl-Light

We certainly won't cut ours until then but I had a devil of a job persuading the neighbours to stick it out until the end of July as it is. I'm hoping with greater human activity in that area of the garden as summer develops the birds will be inclined to move to a different nesting area for any subsequent broods. I certainly only saw the Collared Doves raise one brood there last spring. I'm really hoping I'm not going to have to speak to them again on the matter. I will if I have to but I hate confrontations.

Well done on standing your ground. I know it takes a lot...I've done it myself with neighbours but with different issues. There's always that feeling that it will cause bad feeling but I think the birds are far more important here.

I do hope your neighbours realise their mistake and thank you in the end for pointing it out to them!