Hedge/Tree Cutting

ksg1970 · #1 (**permalink**) 10-06-2009, 07:21 PM

Is there a law against doing this at this time of the year?

I watched yesterday some council workers strimming a long hedge which made so much noise it must have destroyed a few nests. Today I saw another truck shredding a tree to bits. It really annoys me at this time of the year when there are so many nests about.

Obviously some hedges need to be cut for safety reasons ie obstructing road visibilty etc but this particular hedge was on a public footpath.

Can they not wait until after nesting season or do they not pay any attention to this fact ?

ron1863 · #2 (**permalink**) 10-06-2009, 07:24 PM

Our local Council cuts hedges in early Spring and late Summer, usually after the nesting season. I would have thought that they would have guidelines regarding this.

ksg1970 · #3 (**permalink**) 10-06-2009, 07:33 PM

I found this but is it still valid ?

'It is an offence under Section 1 of the Wildlife and Countryside Act of 1981 intentionally to take, damage or destroy the nest of any wild bird while it is use or being built. It will be an intentional act, for example, if you or your neighbour know there is an active nest in the hedge, and still cut the hedge, damaging or destroying the nest in the process. '

The thing is, how would the council know there was a nest? Should someone be sent out before the cutting to see if there is a nest/nests ?

Jenny W · #4 (**permalink**) 10-06-2009, 07:50 PM

That quote from the WCA is correct, it's an offence to intentionally take, damage or destroy a nest when in use or being built. In theory the council will have broken the law if they knew of birds nesting in that hedge. The thing is though, how is anyone ever going to prove that they knew there were nests in there - I guess it would be one person's word against another.

Generally, hedges should not be cut in the breeding season. Personally, I don't cut the hedge in our garden until September or more usually October.

As for dangerous trees - that's an H&S matter and the tree will be dealt with whatever is nesting in there.

Meta menardi · #5 (**permalink**) 10-06-2009, 07:59 PM

I would certainly ring the council and ask for an explanation of this, there is a compliance issue for agricultural holdings prohibiting this between certain dates (certainly not at the moment), and I know that at least 3 local authorites in N Yorks conform to this. You are the customer, your money pays for this, it is NOT acceptable.