Bird habitat disturbance: advice please?

Hello, I recently joined this community because I read on the RSPB 'Contact us' page that this is a good place to find an answer.

I'm not at all knowledgeable about birds or the law concerning bird habitat so please excuse my ignorance. I cycle to work all year round through Coppermill Lane which runs alongside Walthamstow marshes and have always enjoyed seeing the various birds including the varying types of Geese which inhabit the area throughout the year. Specifically the grasses alongside 'Reservoir Number 5', this area is fenced off so I presume the birds nest or feed here because it's a relatively quiet place away from traffic and people. It looks like this land is owned or managed by Thames Water because of the nearby water works.

As of last month construction has begun by Thames Water directly on the site in which the birds mostly inhabit.
I've tried contacting Thames Water but have as yet not received an answer and I have searched local blogs and community pages on the net but there appears to be no discussion about this.

I was prompted this morning to post this message because although I have not seen Geese here since the works began I had noticed in recent days that Geese had started appearing again at the edges of the construction site and this morning I saw a dead bird which I could not identify (the area is completely fenced off so I could not get any closer). Since this morning there are no birds near the site. I should also mention that when I go past here I notice that most of the time there is nobody working or operating the heavy machinery at this site (I cycle here at 9.30am every morning)

I've attached a picture I took today of the area, it seems I can only upload one photo on this forum otherwise I would have uploaded more.
The grid reference is: TQ 35665 88550
There are various pictures on the internet of the site before the construction works (including some I myself have taken):
http://www.flickr.com/photos/jrg/15353544/
http://northernrustic.blogspot.co.uk/2009/07/coppermill-lane-e17-19th-july-2009.html

I just wanted to see if community members here think Thames Water may be disturbing or destroying habitat and if this is in any way illegal?
 

  • Hello, thank you for the advice, I've uploaded two  high resolution pictures to my Flickr account which I took of the site a couple of weeks ago, bear in mind that previously this was purely just fenced off grassland (as can be seen on the grid referenced aerial picture I linked to in my previous post),

    http://farm3.staticflickr.com/2818/10869759363_2f1bb26487_o.jpg

    http://farm3.staticflickr.com/2845/10869568994_5b13cc7126_o.jpg

  • Hi Allen, many thanks for posting and thank you for being part of the community.

    Essentially the law in the UK protects birds in a few days, they cannot be intentionally harmed or killed (there are a few exceptions that are not relevant here) and their nests are protected from being intentionally damaged or destroyed when active, some birds' nests are also protected from disturbance.

    Where a bird "inhabits" or "lives" on a day to day basis is not necessarily protected, in essence work can be undertaken on that piece of land. Obviously the type of land governs what can occur on it, Sites of Special Scientific Interest, National Nature Reserve's etc are given these designations because they are of a benefit to wildlife or are important in other ways for the environment, these sites clearly cannot have houses built on them etc but they can still have essential work done on them.

    In your case Walthamstow Marshes is an LNR, a Local Nature Reserve owned and maintained by the Lee Valley Regional Park Authority and currently the National Grid are digging some boreholes on the Marsh as part of a London wide project to house electricity cables in deep underground tunnels or so their website says.

    Although Thames Water could be doing work completely separate to this and you would need the LVRPA to confirm this.

    I imagine this work is being done legally and as mentioned before the site where it is being done is not afforded any official protection simply because that is somewhere birds tend to stand and congregate, they can fly off and go elsewhere and as long as no birds are being harmed then there is nothing to worry about, even if this is their favourite place to stand.

    If any birds are flying into the fenced area and getting trapped and either injuring themselves or dying then this is serious and the site foreman or any of the other relevant authorities should be informed about this immediately so they can work out a way of stopping it from happening and of course if you see any birds that look distressed, trapped, ill or injured the RSPCA be called immediately on 0300 1234 999.

    Hope this helps, if you need any more advice do let me know.

    Ben

  • Hi Allen,

    This construction work is nothing illegal and nothing to worry about as far as the birds are concerned.

    Although I am not certain of the precise nature of the work in this instance, the reservoirs (which are owned by Thames Water), are 'working reservoirs' which are used to supply water to London. Thames Water have been doing similar construction work at other local reservoirs during recent years (such as the William Girling and KGV Reservoirs in Chingford) which has been to strengthen the banks, repair concrete margins intended to prevent erosion from waves caused by the wind, and replace pipe work and pumps which transfer water into or out of the reservoirs.

    The habitat adjacent to Walthamstows No. 5 reservoir is short grazed grass which is a habitat favoured by feeding geese (+ wagtails, Moorhens, and sometimes Coots). While work like this is being carried out the birds will be displaced, not far though because there are plenty of similar feeding areas around the other reservoirs in the Walthamstow complex. Once the work has been completed the area will very quickly revert to what it was before.

    If you ever want to have a look around the 'fenced area', access is available for birdwatching (pretty much during all daylight hours) by accessing the reservoirs via Ferry Lane (at the Tottenham Hale end of the road) and purchasing a £1 self service birdwatching permit.

    www.thameswater.co.uk/.../6253.htm

    The reservoirs, which were mostly constructed during Victorian times, have an active heronry which now includes several pairs of Little Egrets, although the numbers of breeding Grey Herons have fallen in recent years as they have begun to establish new heronries further up the Lee Valley. There is also a large Cormorant colony (on the islands in No. 5 reservoir) with over 200 active nests.

    Roy.

    Edit: The work being carried out is likely linked to the work on the water mains that Alan has mentioned, which is intended to allow Thames Water to maintain adequate water pressure. The planned finish date for this work at Walthamstow Reservoirs is December 20th (although it wouldn't surprise me if the work over runs as contractors may be moved to more urgent repairs).