Need to cut hedges back but there are nesting birds

[CruCru]

Hi all

We've had a letter to say that our hedges overhang the pavement next to our house too much. This pavement is very narrow and the moment the hedges grow, it is really noticeable.

The problem is, there are quite a few birds nesting in the hedges (mainly blackbirds I think). My understanding is that it is actually an offence to use a hedge trimmer or similar when birds are nesting. Is this right? I've been holding my husband off on cutting the hedges back each year until August at the earliest.

At the bottom it says that we have right of appeal against this notice under section 316 of the Highways Act 1980. Is the presence of nesting birds grounds for appeal?

No that’s not right, please google it at least. It’s illegal to disturb certain nesting birds. Black birds are not on the list of those who you can’t disturb.

So you need to cut your hedge.

www.rspb.org.uk/birds-and-wildlife/advice/wildlife-and-the-law/wildlife-and-countryside-act/schedules/

I would write back and quote the law in relation to nesting and say once they're nest free you intend to carry out the work.

I understand the frustration of trying to walk past an overgrown hedge. My daughter and I had to do it when trying to push her in her wheelchair to and from school. Can you use hand pruners to get the worst of it? Or pop a note up saying you will be cutting it back, but only once all the nesting birds have fledged.

I would write back and quote the law

Blimey. It’s not even like it’s a long thread to read and I even provided a link. There is no law. It’s only for certain birds. She can’t quote a made up law.

Ah, I didn't see the schedules. Thank you! What a pity - looks like the blackbirds aren't protected after all.

What about doing it manually rather than with trimmers? You could just trim them enough, rather than harshly, then do it properly once the birds have fledged.

It's such a narrow bit of pavement that there's no way a wheelchair could ever go on it. It's also on a really narrow, steep, winding country road. Oh well, it must be annoying someone round here.

I just did ours with hand loppers, just cut back the worst bits. I find if you give it a good prune with hedge cutters over the winter and do a couple of lops by hand in the summer it's fairly easy to stay on top of without disturbing the birds.

Just because they're not protected, doesn't mean you can't protect them, though. I'm sure they haven't nested on the outer branches, so just take the worst of those off.

@CruCru

It's such a narrow bit of pavement that there's no way a wheelchair could ever go on it. It's also on a really narrow, steep, winding country road. Oh well, it must be annoying someone round here.

Sounds like you live in a similar area to me - always someone offended by something! Hopefully you can lop off enough to keep everyone happy.

There's no way I would be complying with this at the moment. I'm an animal lover and bird numbers are impacted by lots of things. All I would day is remove the worst of it and say you'll get them completely cut back once the birds have fledged which won't take too long.

www.rspb.org.uk/birds-and-wildlife/advice/gardening-for-wildlife/plants-for-wildlife/garden-hedges/hedge-law/ suggests not cutting hedges until August

www.rspb.org.uk/birds-and-wildlife/advice/gardening-for-wildlife/plants-for-wildlife/garden-hedges/hedge-law/

All wild birds are protected.

Agree with Eckhart, take the worst off.

It is an offence under Section 1 of theWildlife and Countryside Act of 1981to intentionally take, damage or destroy the nest of any wild bird while it is in use or being built, or to intentionally kill, injure or take chicks or adults, or intentionally take or destroy any eggs.

It is an intentional act, for example, if you or your neighbour know there is an active nest in the hedge and still cut the hedge, damaging or destroying the nest or contents in the process.

Take a before and after photo.

Just cut back what you can quietly hand cut and let them know you will cut more back once the birds fly their nest.

Put some string/twin on the hedge to tie it back for now.

There's also this information, which I thought indicates that it is illegal?

www.rspb.org.uk/birds-and-wildlife/advice/wildlife-and-the-law/wildlife-and-countryside-act/

I think contacting the council again for advice would be a good idea!

Someone I know used to report overhanging hedges etc to the council, as it caused her problems with DS in his pushchair.
BUT she told me that although the council would send the homeowner a letter, it was NOT enforceable for them to trim the hedge.
I'm just glad we're open plan!!!

Just send back an appeal, and by the time they have faffed about and faffed about, the birds won't be nesting anymore.

Cool - thank you. The annoying thing is that this bit of pavement is only next to our house. No other part of the road has any pavement.

Someone I know used to report overhanging hedges etc to the council, as it caused her problems with DS in his pushchair.
BUT she told me that although the council would send the homeowner a letter, it was NOT enforceable for them to trim the hedge.
I'm just glad we're open plan!!!

Sorry but that's not correct. I had one of these letters from the council a few years ago and it said if I didn't cut the hedges myself by X date they would come and do it and bill me for the work. If you do it yourself or get your own gardener, at least you have control over the cost. The council can charge what they like.

Whether the birds are officially protected are not, you can CHOOSE to protect them. I would. I'd prioritise them over the wishes of a passer by who can easily choose another route

Protected or not

There is a difference between the words damage or disturb.

It is illegal to disturb the birds listed in my link.

It is illegal to damage any birds nest. You can absolutely cut a hedge without damaging a nest if you do so carefully.

The op asked if it was illegal to cut a hedge where black birds are nesting, it is not. It is illegal to cut it in such a way as to damage the nests. The council will tell her to cut it and not damage the nests.

[quote Bluntness100]No that’s not right, please google it at least. It’s illegal to disturb certain nesting birds. Black birds are not on the list of those who you can’t disturb.

So you need to cut your hedge.

www.rspb.org.uk/birds-and-wildlife/advice/wildlife-and-the-law/wildlife-and-countryside-act/schedules/[/quote]
This link has nothing to do with nesting birds in hedges!

Bluntness100 you are wrong. It is not possible to cut a hedge with active nests without disturbing the birds and that contravenes the wildlife and countryside act.

OP you should wait until the nest is empty, that is not necessarily August though. If you watch everyday you will be able to see when the nests are no longer active.