Birds are nesting at this time of year, they are protected by law and all nesting birds, eggs, young cannot be disturbed, taken or killed unless under licence from Natural England. Installation of solar panels, television aerials, roof extensions, building demolition or other non-essential works are not a valid reason for disturbing the nests, eggs or young. If you need to undertake urgent works to a roof due to a leak which could cause structural damaged etc then a licence is required in order to cause disturbance. Even Pest Control companies do not have an automatic right to disturb nesting birds and they can only use a general licence for a small group of birds, and one of the requirements of using a general licence is that alternatives and deterrence are tried first. Nests, eggs and young can’t be moved off roof tops because they are noisy, keeping you awake, pooing on a pavement, pooing on washing on a line and not for general maintenance either, except where public health and safety is at risk (this does not mean they can be moved for the safety of contractors working on the roof). Even Herring Gulls adults and young are protected and cannot be touched using a General Licence, although nests and eggs may be cleared under certain circumstances. Before clearly a nest it is advisable to speak to Natural England to ensure you are not breaking the law. Prevention is always better than cure, so once the nesting session is over it is advisable to get a builder in to erect a mesh frame over your chimney to stop birds nesting or using mesh or netting behind chimneys to prevent nests or scarecrow devices which will deter birds from nesting.
Beryll Withers
Hello I have just read your article about protecting nesting birds. I live next door to an old cottage surrounded by hedgerows that is scheduled for demolition in a few weeks time ( Probably mid June 2023) I am extremely worried about the birds that have grown used to living and nesting in the hedgerows and surrounding vegetation. I have seen in and around the site Gold Crests, Greenfinch, Hedge sparrows and more. Lots of blackbirds for example.
I told the developer about the nesting birds and his only suggestion was to net the hedgerows which would definitely be far too late and illegal as the birds are clearly already nesting. There is lots of bird activity backwards and forwards to and from the hedgerow.
I just don't know what to do to protect the birds. Can you please advise who in the local council or government is responsible for telling the developer that they have to wait until the end of the nesting season. The LPA Wealden and Building Control just referred me to the Countryside and Wildlife Act. Not to which body enforces it and how. I would really appreciate any advice you can give me as demolition is due in approximately 2 weeks. Many thanks
East Sussex WRAS
Post authorThank you for your message. We are a veterinary charity so we are rather limited in what we can do. The countryside and wildlife act is enforceable by the police. You can contact the Rural Crime Team at Sussex Police. They really need to contact an ecologist to survey the site first. Sadly nests can be disturbed under licence with permission from Natural England.
Beryll Withers
Thank you for replying. An ecology report was issued for the developer which includes reference to the Countryside and Wildlife Act and care of wildlife including nesting birds on the site. There was no mention of the development taking place in the middle of the bird nesting season when the ecology report was issued.
Regarding the disturbance of birds nests under licence via Natural England, my understanding is that just because a developer decides he wants to start work in the middle of the bird nesting season that does not qualify as a reason to obtain a special licence. There is no justification other than pure greed for starting this work now. The building manager said to me he didn't want his development delayed by nesting birds. This is despite the fact that he has had 2 years to start the work and chose not to. My husband has spoken to the local police. They were knowledgeable about the issues on protection of birds and suggested we contact them if we need to. I am not sure when or if they would reply or respond. We can but hope they will.