Trees cut where birds are nesting

[sally0703]

Hi can anyone give me some advice?
Today I looked out and saw the trees at the end of my garden being cut. I have a robin nesting in a box on the end of my greenhouse right next to where they were cutting with chainsaws and also a blue tit nesting in one of the trees being cut - the man was practically standing on the box and cut the tree right down as far as the nestbox!!! Are they allowed to do this? I spoke to one of the men who said they were cutting them down because they were getting close to the telephone cables overhead, but they cut them down by at least 8ft. When I told the man about the birds nesting they just laughed and said "oh dont worry, they will come back". The noise was awful and there were branches falling onto the box where the robin is nesting. They said they are coming back in 2 weeks time to cut a large conifer which is growing directly infront of the robins nest box. I didnt think trees etc should be cut whilst birds are nesting.
Please can anyone advise me? Is there anything I can do or anyone I can complain to about this?
Thanks, Sally.

[RoyW]

Hi Sally,

The Wildlife and Countryside Act makes it an offence to intentially destroy or damage the nest of any wild bird while the nest is in use - I'm not sure exactly how this applies in your case if the actual nest was not damaged (although I can't see that it would have done the birds a lot of good). If you do a google search for 'rspb birds and law' you should come up with contact details for the RSPB wildlife crime unit who should be able to advise you.
It also couldn't hurt to complain to the company the work was being done on behalf of (if you know - presumably the National Grid, or your local electricity company) - if enough people complain perhaps they will at least try and do this sort of work during the winter.

Roy.

PS. If there is a nest in the conifer that they plan to cut down and they are advised of this before they start work then they will be breaking the law if they cut the tree down and destroy it.

[Hobjob]

My local electricity board came round to discuss cutting back
some Russian vine growing over old conifers and conker trees.

Only too happy to come back in September when the starling
have finsihed nesting.

Most helpful.

Worth a complaint - if only to educate some jobsworth.

[hobble]

I would put in a complaint to the electricity company who have tendered this work to a tree surgery company, quoting the comment by the man.
It is totally unacceptable behaviour and in all my years of being with brilliant tree surgeons this would not have happened.
Copy the Countryside and Wildlife act to them highlighting what took place and ask that the conifer be left until later in the year.
Hope the birds are OK

[Elizabeth B]

It's the Wildlife and Countryside Act 1981.

The RSPB says this in one of their information leaflets:

It is also essential to ensure nests are not destroyed when hedge trimming or tree felling in the breeding season.

It's near the end of Page 4 here: http://www.biggonline.co.uk/BlueAndG...ts2-shrink.pdf

[eeyore]

techincally the WCA 1981 has now been supersceded by the countryside and rights of way act (CROW) 2000 , but it says much the same thing - in fact it added an offence of causing disturbance negligently as well as recklessly or intentionally.

It is bad practice to do tree work during the nesting season , and most companies dont - however if work is required urgently for H&S reasons it can be done legally as numerous case law has established that H&S legislation takes precedence over other laws where the two conflict.

[snowdrop]

Its heartbreaking to see desolation where there was beauty but a mere few hours ago. The danger to nesting birds make it more so.
I understand your feelings Sally as I had this happen to me last year. The only comfort I can offer is to say the trees will regrow next spring, ( although it seems comepletely unbelievable when faced with bare stumps ) and more than that, will thicken their foliage in readiness for next years babies.

Lets hope the company sees sense and waits until the appropriate time.

[sally0703]

Thank you very much to everyone who has replied to my posting. I have been away on holiday so have only just now read your messages. I was lucky enough to see the robins leave their box yesterday and I saw 4 youngsters with their parents in the trees so hopefully they will be long gone and safe by the time the men come back to cut down the conifer in a few days which was next to their nestbox. I am going to keep a close eye on the conifer though and if I see any birds which seem to be nesting then I shall ask the men not to cut the tree and if they refuse I will ask for the number of the company they work for and ring them. The men who cut the other trees said they were allowed to cut around a nest!!!!
Sadly the box which was inhabited by a pair of nesting blue tits has been abandoned. We had a house sitter whilst we were away on holiday who like me loves wildlife and I asked him to keep an eye on the nest box and let me know if he saw any activity but sadly he didnt. I expect when one of the men was practically standing on their box sawing the trees down they decided it wasnt safe enough and abandoned it.
The company who asked for the trees to be cut down was Saffron Housing Association in Norfolk. It was them who got in touch with the Electricity Board and ordered them to cut down the trees so I will be writing to them asking them in future if they can arrange for the trees to be cut in the winter when there will be no nesting birds.
Anyway once again thank you for your replies.