Guess who has won the Star letter in the Birdwatching magazine

[John]

I booted up my PC this morning and the first message I looked at was a PM from a mate in another forum alerting me to the fact I had won the star letter in the Birdwatching magazine. It appears I have also won a pair of Nikon Sportstar binoculars.

I wrote to Birdwatching regarding an area of trees, bushes and shrubs that had been cut down right in the middle of the nesting season. I had tried to involve the Police Wildlife Liason Officer, RSPB, Forestry Commission, Council and Tree Preservation Officer. I even got the first and last two on site but that was after everything had been cut down and cleared.

My letter is all about what happened and the fact that in my opinion a close season for cutting trees should be introduced, like the Coarse Fishing close seaon.

Hopefully the issue I have raised will now be followed up.

[Tinkerbell]

Well done John - it's great when our efforts are appreciated, and I'm sure those of us who enjoy Wild About Britain will concur with your sentiments. A close season would appear to be a compromise if trees must be felled and shrubbery cleared eventually.

[Sara]

Well done. A close season on tree-cutting is an excellent idea. If we can't save all our trees, at least we can try to ensure that most cutting or felling is done outside breeding seasons.

[Diane]

Well done John. I did notice it when mine arrived yesterday.

They still haven't printed mine about their recommendation a couple of months ago to use Japanese Knotweed stems to make bee houses!!

[John]

Thanks ladies for you appreciation.

As Diane can testify I started a thread in Birdforum.net regarding this. I entitled it Disaster and had a lot of response to it with some very good suggestions. Suggestions which on the main I already knew but the odd one I didn't. The upshot of it all was the fact that I was powerless to stop this destruction, hence my idea of a close season. That way the only time anything could be cut down would be by special licence only, and this would cover gardens as well, so tightening up that loophole.

The members of BF were shocked at the eventual outcome and it made them realise just how vulnerable our wildlife is when it comes down to us humans not caring.

We humans are not a nice species at times and it is always our wildlife that ends up suffering. Ultimately we are the guardians of all around us. We must learn to protect it and if it is beyond us voluntarily then laws must be brought in to stop these non carers from getting away with such acts of wanton destruction.

[henrya]

Quote
A close season on tree-cutting is an excellent idea. If we can't save all our trees, at least we can try to ensure that most cutting or felling is done outside breeding seasons.
Endquote

But what about bats, who may be using trees at any time of year? I'm afraid that if big trees have to be cut down, then they should be surveyed properly to determine any wildlife use - but that costs money, so it's not going to happen, is it? And just to complicate matters further, old and dying trees are incredibly valuable for numerous invertebrates.

Quote
about their recommendation a couple of months ago to use Japanese Knotweed stems to make bee houses!!
Endquote

Sounds like a good idea to me - Japanese Knotweed is a marvellous plant.

henrya

[StuartDH]

Great result John! Have you sent on the letter to other publications? If it got star letter in birdwatching magazine then many non-wildlife newspapers and magazines may also be happy to print it. Of course, feel free to add it here if you've got in electronic format.

I also think that it's a great idea. While we may not be able to protect everything, including the bats and invertebrates that Henrya mentioned, it's definitely a great start.

[Helen]

I was going to start a thread about it, after I saw the letter in the magazine the other day, but you beat me to it.

Nice one John!

[John]

Originally Posted by StuartDH

Great result John! Have you sent on the letter to other publications? If it got star letter in birdwatching magazine then many non-wildlife newspapers and magazines may also be happy to print it. Of course, feel free to add it here if you've got in electronic format.

I also think that it's a great idea. While we may not be able to protect everything, including the bats and invertebrates that Henrya mentioned, it's definitely a great start.

Hi Stuart

I must admit that I hadn't thought of sending it on to other publications. I did try and involve the Coventry Telegraph at the time but they weren't interested.

As regards an electric format, I'm sorry but I haven't got that but if I find time I will try and copy and paste what I reported in Birdforum. That will give an indication of what it was about.

[John]

Originally Posted by Helen

I was going to start a thread about it, after I saw the letter in the magazine the other day, but you beat me to it.

Nice one John!

Hey Helen

You don't think I would let you steal my thunder do you? LOL

[Jo Pedder]

I work as an ecology consultant and do not agree that there should be a legislated closed season on tree felling, however I do strongly feel that an official guidance document should be produced that covers the subject of tree felling and nesting birds. I think that a legislated closed season would be impractical for several reasons.

It is already illegal to disturb a nesting bird, it's nest, eggs or dependant offspring (which
should have been enough for your police wildlife liaison officer if a nest was evident).

I think that not allowing companies or private resident to undertake any felling at all will be met with great opposition, particularly as not every tree is likely to support nests during a season. Defining what trees/shrubs are likely to or able to support a nest would be very hard to prescribe in legislation. Defining what tree species' height or trunk diameter would not be enough as a spindly 6 foot hawthorn in the centre of a wood is unlikely to support a nest when compared to a bushy 6 foot hawthorn in a clearing, for example.

This is why I feel that a clear guidance document should be researched and produced by English Nature tackling the subject, in much the same way that they have produced very good guidelines for developers with issues with Badgers, Great Crested Newts, Water Voles etc. etc. Although the production of these guides has not halted any impacts on these species, they make it much easier for consultants to recommend actions that clients would rather not have to do ... "it's going to delay us buy how long??" "Sorry, EN guidelines mate". and actually get them to follow the recommendations. It also makes it easier for councils to enforce measures in planning agreements and assists the police in defining the many fuzzy aspects of UK wildlife law (e.g. what exactly does 'disturbing' a nesting bird entail?).

Well done for reporting it though, public awareness is probably the best weapon there is in tackling wildlife crime as a lot of this goes on and no one reports it. It probably varies from area to area but some wildlife liason officers are very active, I remember a TV programme following the events that occured when a colony of house martens set up in a building site. The council were called, who bought in the police but the developer ignored them and ordered the contractor back to work. When the officer turned up the next day unannounced he politely told all the workers that they were individually responcible, not the company, if they continued work and blocked access to the nests and could face a £3,000 fine and/or 3 months in jail for each nest disturbed. Needless to say work stopped pretty quick and the site was abandoned till a month later.

[Jo Pedder]

oh, nearly forgot. I think that the environment agency are planning (have started?) a campaign and hotphone number for people to report suspected wildlife crimes. The campaign is particularly aimed at walkers keeping an eye on farmers - removing trees, scrubbing hedgerows, storing manure next to watercources etc

[John]

Originally Posted by Jo Pedder

oh, nearly forgot. I think that the environment agency are planning (have started?) a campaign and hotphone number for people to report suspected wildlife crimes. The campaign is particularly aimed at walkers keeping an eye on farmers - removing trees, scrubbing hedgerows, storing manure next to watercources etc

Hi Jo

I take your point but put yourself in my situation, and the situation others may face.

Weekends are nearly always the days that work is started and they are quick at what they do. Not many officials work on weekends that could invoke a ban on this type of tree felling.

I had no chance of getting in touch with anyone as I had to go out (couldn't get out of it) so consequently couldn't follow it up. They worked on the Saturday, stopped on the Sunday and started on the Monday. I did challenge them as they started on the Saturday but they took no notice.

Come Monday I found out early Monday morning (whilst at work) that they had started again and then my calls began. I rang the council first, they didn't know anything about it and suggested I get in touch with the Police Wildlife person which I did, he was out and never came back to me that day. Then I rang the Tree Preservation Officer but he couldn't do anything until the Wednessday. I rang the RSPB then various Councillors. I eventually got hold of the Police Wildlife person on the Tuesday and following all the respective calls I made I managed to get the Tree Officer, a Councillor and the Police Officer to attend on the Wednesday afternoon.

By then the Trees had been cut down, chopped up. The leaves and branches had been shredded and the site totally cleaned up of any evidence to support the fact that nesting birds had suffered. All pronounced that nothing could be done because it was too late and there was no evidence that nesting birds had been affected (which was total nonsense that even the Police Wildlife Officer admited to).

If you can suggest any guidlines that could be brought in that would have stopped what happened I would gladly listen but to be honest the only way to make them stop doing this is to make it illegal to even attempt it, even if it is difficult to enforce it.

The way this tree cutting took place no one will be brought to book, at least if there was a law in place someone would be accountable.

We have to do something to protect our wildlife. Too many times commercial interests take no account of the effects that these type of actions have on wildlife in general. Even if they did know would they care when it could mean that a profitable venture was stopped because of nesting birds or any other vulnerable wildlife that could be affected. As it is there is nothing in place to stop this type of wildlife crime as they are too quick at what they do and too quick at cleaning up the mess left behind.

If there is a loophole they will find it. Ban it in certain periods in the year and only allow special projects under licences is my way of thinking. Simplified I know but we have to start somewhere.

[Jo Pedder]

Maybe you are right - if cutting the tree was the crime then evidance would be a lot easier to gather, I still feel that it would be difficult to write legilsation that bans the practises you are describing whilst still allowing lawfull management of trees and shrubs in instances where there would be no impact. If legislation like this does come about it should definatly cover flailing of hedgerows by farmers. Most hedges get 'managed' as soon as the harvest is in - second week of August for wheat this year, whilst many hedgrows birds will have been taking advantage of the warm weather with an extra brood.

One way that the legislation could work is if it is planned like the hedgerow regulations, where removal (but not 'management') of hedgerows requires planning permission. If you wish to remove a hedgerow you apply to the council, who are obliged to visit the site to assess it within a certain time frame (two weeks?). This way in an ideal world the council would be able to say there are likely to be nesting birds - you can have permission to fell trees after the breeding season, there are no birds - you can clear now, or you can't clear at all. Unfortunatly the hedge regs don't always work as councils don't have the resources to do the inspections, and if they don't show up planning approval may be assumed.

An interesting position to ponder would be where the foresty comission would be within any tree felling legislation - I'm certain that they would loby their way into a loophole to allow them to continue their harvest year round. I was on holiday in Scotland this July and visited an animal sanctuary/petting zoo. Most of the birds they had there were raised from chicks when the FC chopped their nest down. The lady who runs the place had in fact recived a tawny owl chick that morning.

Something obviously does need to be done.

[John]

Originally Posted by Jo Pedder

Something obviously does need to be done.

That simple sentence says it all and I agree it is a very difficult situation to put right.

I don't pronounce to know the answers, I only have questions and ideas.

Still I have stirred a few things up with the magazine article and it was very well debated in Birdforum.net as well as this forum so a lot more people are now aware of what can happen on their doorstep.

[henrya]

Note that tree-felling (with some exemptions) already requires a licence from the Forestry Commission. It's not clear from this forum whether the area you describe would fall under the exemptions, or if the people concerned did have a licence.


henrya

[John]

Originally Posted by henrya

Note that tree-felling (with some exemptions) already requires a licence from the Forestry Commission. It's not clear from this forum whether the area you describe would fall under the exemptions, or if the people concerned did have a licence.


henrya

This tree felling took place in two huge 200 yard long, 100 foot wide gardens. Forestry Commission has no power over this sort of habitat and licences are not needed unless a preservation order has already been placed on any trees in that garden.

[Jo Pedder]

I thought you only needed permission to fell a tree if it counts as a change of land use - clearing a large area, or if there is a TPO? I'm not too clear on the planning and legal issues concerning trees themselves. I know my parents for example can't cut any of their trees down without permission as the whole garden falls under a group TPO as a tiny fragment of Hatfield forest. I could do with knowing as I'm planning to remove a tree this winter from my garden. (shame as it's a beautiful copper birch, but the neighbours are worried it may be causing foundation damage – in fact I could do with knowing if that's true - think I’ll start another topic).

[John]

Originally Posted by Jo Pedder

I thought you only needed permission to fell a tree if it counts as a change of land use - clearing a large area, or if there is a TPO? I'm not too clear on the planning and legal issues concerning trees themselves. I know my parents for example can't cut any of their trees down without permission as the whole garden falls under a group TPO as a tiny fragment of Hatfield forest. I could do with knowing as I'm planning to remove a tree this winter from my garden. (shame as it's a beautiful copper birch, but the neighbours are worried it may be causing foundation damage – in fact I could do with knowing if that's true - think I’ll start another topic).

If trees have TPO's on them threy should be safe, allthough that isn't guaranteed, but if I were you I would find out who your tree preservation officer is and contact him regarding your query.

There's nowt better than going to trhe horses mouth. lol

[henrya]

Jo,

If the tree is in your garden you don't need a felling licence, ubless it has a TPO on it. As John says, check with your council trees officer.

For the full information on tree felling, visit the Forestry Commission website.

henrya

[Diane]

This link might be useful for planting distances from houses.
http://www.gardenlaw.co.uk/trees.html

[Jo Pedder]

Originally Posted by Diane

This link might be useful for planting distances from houses.
http://www.gardenlaw.co.uk/trees.html

Thanks Diane, I've posted a thread on there, good forum.

[eeyore]

Originally Posted by henrya

Note that tree-felling (with some exemptions) already requires a licence from the Forestry Commission. It's not clear from this forum whether the area you describe would fall under the exemptions, or if the people concerned did have a licence.


henrya

however most councils and other big land managers have a blanket licence anyway - also regarding your point about bats not being protected they are. The CROW act made it an offence to negligently or recklessly disturb a roost, which means that every tree that might contain a roost should be inspected before work takes place - of course enforcement is a different issue.

[Oy]

Nice one John!