Would you cut a hedge back

[Timetospare]

If you knew there were at least 5 active nests in situ?
For context it does run along the pavement, is well maintained but needs trim, to stop it getting in the way of pedestrians.

• I’m not sure what will happen if we don’t, and my DH will do it tomorrow It’s an old privet hedge*

I can comment on this, as it has happened to us. They generally serve a 14 day notice and you have to take action within that time. If you don't, they will serve a Section 154 (I think it was that one), where you are told to take action, they will provide a date they will do any work if you haven't and then recover the costs from you. You can guarantee the costs will be hideous.

I'd get it done, as once they get their teeth in, they won't leave you alone.

The council will have a tree expert or wildlife person in planning at least. I wouldn't trim until you have had absolute confirmation that this cannot wait until after nesting season. I would also speak to RSPB to get advice.

@PhilCornwall1
Oh, that’s useful to know as the debris needs to go to the dump and they don’t reopen until next week. It also gives the wildlife a bit longer.

It’s not an issue about doing the work, as my dh has the kit and the time and does it regularly apart from this time of the year, it’s just the timing with regards to the birds.

I think I’ll send an email to the council contact centre for clarification.

The council will have a tree expert or wildlife person in planning at least. I wouldn't trim until you have had absolute confirmation that this cannot wait until after nesting season. I would also speak to RSPB to get advice.

It's highways that normally deal with this. I know Planning have a "tree man" as we used to call him (worked for our LA too), but that wasn't for overgrowing vegetation issues. Could be worth calling though to get a differing view.

Highways are bastards when they start, but we strung them along for 6 months as our hedge was going (we didn't tell them) but we were waiting for Planning permission for a new fence. We got it and just before they were due to turn up to cut the hedge, the fence was put in, so that doubly pissed them off.

It was highways, now I come to think of it, as I noticed his van. I wish I’d taken his name but my adult daughter was talking to him.

And I got a bit ( about the nests) so she told me go back in

No. We trimmed ours recently but had a really good look first for nests. We wouldn't have touched it if there were. You don't need to trim to avoid annoying anyone - just tell them that you won't be touching it until the nests have gone.

NEVER cut or trim hedges between March and August to allow all the fledglings to fly away. Some birds have more than one clutch per year.
We have a long hedge the length of our garden and only cut it in mid to late August.

Gosh everyone round here trims them over the summer as they grow quite quickly over the summer, how do they not end up overhanging pavements if not cut for 6 months whilst growing?

NO & DO NOT UPSET THE BIRDS BY SNIPPING BITS EITHER!

Silly complainers and Council.

I imagine it’s Causing a safety issue and that’s why they have upheld the complaint and told you to act

There’s a hedge in our town like this, in reality probably covers about 40 percent of the pavement, so similar to yours, but actually makes it difficult to use the pavement because of the way it bows out. It’s also about 12 foot tall. Half a pavement isn’t that big especially when it’s a massive hedge bordering it.

If this is causing a safety issue for pedestrians and making using the pavement difficult then you’ll be told to get it cut, irrelevant of the birds, or they will do it for you and bill you. And it won’t be cheap.

I wish I’d put this to the vote on AIBU now

@shrill
Yep!

Photo!

No. It's illegal:
www.rspb.org.uk/birds-and-wildlife/advice/wildlife-and-the-law/wildlife-and-countryside-act/

Penalties that can be imposed for criminal offences in respect of a single bird, nest or egg contrary to the Wildlife and Countryside Act 1981 is an unlimited fine, up to six months imprisonment or both.

Does your council have a tree warden? Might be worth getting them inside if so.

It’s only illegal to disturb if it’s one of these birds

Birds and their young, for which it is an offence to intentionally or recklessly disturb at, on or near an ‘active’ nest:

Avocet
Bee-eater
Bittern
Bittern, little
Bluethroat
Brambling
Bunting, cirl

Bunting, Lapland

Bunting, snow

Buzzard, honey
Capercaillie (Scotland only)
Chough

Corncrake
Crake, spotted
Crossbills (all species)

Divers (all species)
Dotterel
Duck, long-tailed
Eagle, golden

Eagle, white-tailed

Falcon, gyr

Fieldfare

Firecrest

Garganey
Godwit, black-tailed
Goshawk

Grebe, black-necked
Grebe, Slavonian
Greenshank
Gull, little
Gull, Mediterranean
Harriers (all species)

Heron, purple
Hobby

Hoopoe
Kingfisher
Kite, red
Merlin
Oriole, golden
Osprey
Owl, barn
Owl, snowy
Peregrine
Petrel, Leach's
Phalarope, red-necked
Plover, Kentish
Plover, little ringed
Quail, common
Redstart, black
Redwing
Rosefinch, scarlet
Ruff
Sandpiper, green
Sandpiper, purple
Sandpiper, wood
Scaup
Scoter, common
Scoter, velvet
Serin
Shorelark
Shrike, red-backed
Spoonbill
Stilt, black-winged
Stint, Temminck's
Stone-curlew
Swan, Bewick's
Swan, whooper
Tern, black
Tern, little
Tern, roseate
Tit, bearded
Tit, crested
Treecreeper, short-toed
Warbler, Cetti's
Warbler, Dartford
Warbler, marsh
Warbler, Savi's
Whimbrel
Woodlark
Wryneck

Hmm, interesting. The first bit says
All birds, their nests and eggs are protected by law and it is thus an offence, with certain exceptions (see Exceptions), to:

Intentionally kill, injure or take any wild bird.
Intentionally take, damage or destroy the nest of any wild bird while it is in use or being built.

It then further down says the bit about Schedule 1 birds, I guess the difference is "recklessly" disturbing the birds on that list which could be a lesser action than actually destroying the nest

However, if you know that there's a nest there, and you saw through the branches thus damaging or destroying the nest, you couldn't really say it was just an accident?

It’s quite clear though, it states this is what’s illegal for all birds.

Intentionally kill, injure or take any wild bird.
Intentionally take, damage or destroy the nest of any wild bird while it is in use or being built.
Intentionally take or destroy the egg of any wild bird.
Have in one's possession or control any wild bird, dead or alive, or any part of a wild bird, which has been taken in contravention of the Act or the Protection of Birds Act 1954.
Have in one's possession or control any egg or part of an egg which has been taken in contravention of the Act or the Protection of Birds Act 1954.
Use traps or similar items to kill, injure or take wild birds.
Have in one's possession or control any bird of a species occurring on Schedule 4 of the Act unless registered, and in most cases ringed, in accordance with the Secretary of State's regulations (see Schedules).

And for the birds I listed it states it’s illegal to intentionally or recklessly disturb them.

So to cut the hedge is only illegal if she has those specific birds nesting, or if she intentionally kills any other bird.

Sorry I should have said

It would be illegal if she disturbed the birds nesting f it was on the list I pasted, if she intentionally killed any bird, or if she intentionally destroyed its nest.

I’d assume she can do the trimming without destroying nests, or killing the birds, her husband can be careful, but unless it’s a bird listed, it’s not illegal to simoly disturb it.

I don't think it's as clear as all that - intention does not need to mean main purpose. If you know that you will damage my property by doing something to yours, it does not matter that causing that damage was not what you set out to do?

Ah I posted before your update

Definitely not. It's illegal for one thing.

@Timetospare

That's pretty bad to be fair and does need cutting back. Comfy saying that too, as ours was that bad and we were taking the piss a bit.