Thank you for your responses I've taken the advice given
ring your local wildlife crime officer and let him decide.
What was the response from the Wildlife Crime Officer?
I've not heard back yet as the home owner hasn't responded
There are exception when nesting birds can be disturbed at there nests including schedule 1 birds. That comes under safety and health. If anyone can show there was no other way with proof and evidence. Then that disturbance is allowed in law in the 1981 Wildlife and Countryside Act.
Regards,
Ian.
Thank you for that information! I'll pass that on now
Some situations for example a tree that could possibly fall on to someone’s home/house, possibly a tree about to fall on to a road or railway line and that would be acceptable even if any schedule 1 birds where nesting or even the top protected Red Squirrels. But again you would need evidence with proof there was no other way of dealing with that situation!