At the end of May, when I was out walking my dog one day, I saw a contractor who was working for the Parish Council, drive off the recreation field having just finished cutting the hedges around the field. I was alarmed because I've seen a lot of bird activity in the hedges and guessed that there could be nests in the hedges so I walked over and looked at one and immediately found, in the very first place I looked, a damaged birds nest. The ingredients of the nest were new and the moss the bird had used was still fresh and green.
I took photos of the nest with my mobile phone and then contacted the Parish Council and asked them nicely if they knew why the hedges were being cut in bird nesting season and politely alerted them to the fact that a nest had been damaged. I rather naively expected the PC to respond along the lines of thanks for letting them know, they'll check, and take steps to help ensure that birds nests aren't damaged next year. What I actually got was a lot of unpleasant prevarication and procrastination and a lengthy exchange of emails. I sought the advice of the RSPB and the biodiversity division of our local authority both of whom were very helpful. During the course of all of this, I also found out from my own research that the local authority had previously sent our parish council a pamphlet which explained the law in relation to birds nests and which also contained guidelines for hedge management, and that as a result of this the parish council had in the next PC meeting minutes acknowledged the importance of not cutting hedges during bird nesting season as a way to mitigate the risk of damaging birds nests.
But in the minutes of a later parish council meeting, I also found that the parish council decided to cut hedges during bird nesting season because the contractor had told them that if he cut the hedges in January or February, he would have to cut the hedges again in the summer and again in the autumn and that he would have to charge them extra because his contract did not cover 3 cuts. The parish council, therefore, decided that cutting the hedges during bird nesting season was the most cost effective solution, despite the fact that the biodiversity division had already explained in their pamphlet that the expected amount of growth should be taken into account when cutting hedges in the Dec/Jan/Feb period thus making it unnecesary to cut them more than once.
By this time, the whole situation was getting out of hand and becoming quite stressful so I gave up looking for an amicable solution and reported the parish council to the police. I described everything that had happened since I first saw the damaged birds nest, including the rather unpleasant correspondence with the parish council. As a result of this, the police did include a brief mention of the law and birds nests in their monthly report to the parish council meeting. So I was hopeful that this would be a sufficient incentive for the parish council to do the right thing next year since they've now been alerted to the likelihood of birds choosing that hedge to nest, and they've been given all the information they need to help them make good decisions. I also thought that all of this might increase the risk of prosecution next year if they again cut that hedge during bird nesting season and again damaged a nest and that the increased risk of prosecution would be an additional incentive for them to do the right thing next year. I thought that deterrence was the best option for all because after all, I have to live here side by side with the councillors, and I would be hated forever if I was responsible for the parish council being prosecuted.
But it seems that I'm mistaken in believing in the effectiveness of deterrence because the police are telling me that in reality they have been unable to successfully bring a prosecution for this type of offence since defence solicitors ask questions about the witnesses level of expertise, the species of bird that made the nest, about observations made of the hedge by witnesses before the hedge was cut, whether or not there is proof that the contractor did not check the hedge for nests before cutting, etc. The police also said that photographs of the nest after the damage is done is not sufficient evidence. I feel, rightly or wrongly, that I'm being put off from reporting anything like this again.
Anyway, I apologise for the length of this post but I wanted to tell the whole story so that the context of my following question would be clearer. And finally here's my question: theoretically birds nests are protected under the Wildlife and Countryside Act 1981 (as amended) but are they protected in practice? i.e. what on earth can we, as members of the public do, if local councils are not afraid of the consequences of breaking the law?
"My advice is to ask another question at the Parish Council meeting and get them to pass something that acknowledges that hedges should only be cut outside the breeding season."
They already did that a couple of years ago. When I looked back through the PC's previous minutes I found where the PC recorded several times that they will change the way the hedges are maintained because of CROW 1981 and NERC 2006 and will no longer be cutting hedges during bird nesting season.
But I will bring it up again at the next PC meeting and remind them what they agreed to and recorded in their previous minutes (and the gang hasn't changed since they first talked about it). They won't be able to claim lack of awareness next year. But fingers crossed they won't be cutting hedges in bird nesting season again.
BTW: the local authority and the RSPB were the ones who suggested I should contact the police because I had photos of the damage as well as evidence that the PC was aware of the legislation and the risk they incurred by cutting the hedges during bird nesting season.
Sorry I didn't mean to sound negative in my last post. I'm just frustrated that something I thought seemed simple and commonsensicle turned into a big battle with the PC!
Well the PC finally included this matter at their latest meeting and here's the result as it appears in their draft minutes:
"Council debated its options and its responsibilities noting its over-riding legal responsibility to keep footpaths clear for users finally determining that hedges should be cut no earlier than June and again in October."
So there you go! They've shifted hedge cutting from 31 May to June. What a result!
I'm going to print a sign advising birds not to nest in that hedge next year. That might be a more effective approach!