Lesser Spotted Woodpecker

I wonder if anyone can assist with issue.

We live in a rural location in Staffordshire.  

A family of Lesser Spotted Woodpeckers lives closeby (yes I have checked and they are not Greater Spotted woodpeckers).  The woodpeckers feed on lavae from a wooden telegraph pole located in our next door neighbour's garden.  Which provides a wonderful opportunity for everyone in our hamlet to view and enjoy these birds.

I have recently been informed our neighbour has complained to E.ON about the presence of this telegraph pole and wishes for it to be re-located.  E.ON inform us they have no agreement or arrangement with our neighbour to locate the pole in his garden and he is within his rights to insist it is re-located.

My question is are these birds protected by the law? And can we, or the RSPB take action against our wreckless neighbour to prevent this act of wanton eco-vandalism?

Paul Atkins