Red kites v housing development

Where there is a planning application, you have a right to object. This is usually done in writing to the council that is dealing with it. There is a cut off date for objections. You could also attend the council meeting when the application is considered. The law states that nesting birds cannot be interfered with. Is there a local birding group near you where you may enquire. They may possibly know the ins and outs of such matters. Could even write to the council about your fears regarding the pair of kites.

Active nests are protected. Nests used in previous years is presumably what you have there possibly/potentially. Birds flying around an area of planning won't stop planning permission on their own. The more evidence against planning though, the better, if you would like it blocked. It is going to become harder and harder though, I'm afraid.

There are exceptional situations when schedule 1 birds nests can be disturbed without breaking the law. Exceptions would be under safety and health. For example a tree which was a possible danger to falling on to someone’s house/home or even falling on to a railway line or a road. The wildlife and countryside act is not straight forward as some like to think. And those exceptional situations under safety and health have always been part of the 1981 wildlife and countryside including schedule 1 birds.