Hello.
we have got our first nesting swallows in a stable we have in one of our fields. (Very excited). We also have a barn owl who has recently taken to a new owl box we have put up in a big tree at the edge of the field. recently the council is unhappy with the stable and have stated we need an enforcement notice on it as we did not have permission.
without getting into the details of this, I am right in saying we cannot and won’t be moving/taking it down now we have swallows nesting in there. I am just wanting someone to tell me I’m either wrong or right.
thank you ️
The council may defer their enforcement notice (on the grounds of nesting birds) but may proceed enforcement later. The council could apply for a license from the EA as part of their enforcement. There's a lot of stuff that could have guided the enforcement decision.
I'm assuming that you wouldn't like to discuss these possibilities openly on a public website. In the absence of informtation. When was the stable built? What did it replace (or displace)? I'm having to assume these questions as otherwise the basis for an enforcement would not exist. You mention "no permission" so it seems the building is subject to planning laws. And lots of other questions.
You possibly require good legal guidance in regards to the stable, lots of supporting evidence and considering the possibility of going to court.
Enforcement notices are issued by relevant planning authorities - normally the local council IMO - when relevant laws have not been adhered to.
I am not a lawyer.