Can anyone advise me on the stance regarding cutting hedges, especially when birds are nesting in them? I lived in a forces house in North Yorkshire and when we moved out in July we didn't trim the hedge because there were quite a number of fledglings nesting in it. The MOD housing then got a contract gardener in to trim the hedge and are now trying to charge us! What is the legal stance on trimming hedges during the nesting season?
Basically it's illegal if there are occupied nests in it. The Wildlife and Countryside Act states that it is against the law to interfere with or destroy a nest while it is in use. It is even against the Act to approach too closely.
Tell them you'll report them to the local police wildlife officer.
Jenni
God gave us two ears and one mouth for a very good reason!
If it is an MOD letting they may think themselves above civvy law,we have come across similar cases before.
Pete
Birding is for everyone no matter how good or bad we are at it,enjoy it while you can
Thanks, I'll bear this in mind
I guess a lot depends on what your contract for occupancy was based upon regarding who pays. Trimming hedges isnt an offence at anytime of the year. I believe it would be very difficult to prove that trimming the hedge when they did contravened the Wildlife and Countryside act. You have to be able to prove that deliberate disturbance was caused. Did the contractors/MOD know that birds were nesting in the hedge and if so can you prove that?
Completely agree with andrewa it is almost impossible to prove.We may dislike that but it is a fact.Has Tim checked that they did trim it as a favourite trick is to charge for things they have no intention of doing.
Hi all, have a look at our pages on garden hedges and wild birds and the law. As you can see it is an offence under the Wildlife and Countryside Act 1981 to intentionally take, damage or destroy the nest of any wild bird while it is in use or being built.
If you were not aware of any active nests in the hedges that were cut then it would be impossible to prove any wrong doing. However, there is nothing stopping you from contacting those responsible for getting the hedges trimmed and querying the timing of the cutting and requesting that in future they are more considerate to wildlife and cut outside of the main breeding season for wild birds (March to August for the majority of hedge nesting species).
If you are in a situation where cutting is going on and you know that birds nests are immediately at risk, it is essential to point this fact out to the contractors doing the work. If they stop then exellent, they will hopefully understand and come back later when the birds have finished nesting. If they carry on then you are within your rights to report this to the police as an offence under the above legislation. Documenting evidence of active nesting behaviour always helps such as pictures of the birds entering the hedge with food or nesting material or leaving with faecal sacs
Given your circumstances, if you left the property at a time when active nests were present then it would not have been suitable for you to cut the hedge at that time.
Warden Intern at Otmoor.