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?

Having said that, if the hedge is restricting visibility for drivers there are exceptions for trimming. Call the council to discuss.

Next year cut the hedge right back mid February before nesting season.

Could you call a wildlife Aid charity?

Some of them will catch the parents and relocate them with the nest. (I think they're usually brought to a facility and then released but Idk...)

OP - we had a similar letter from the council last year. They sent a flyer with it stating it was a criminal offence to disturb nesting birds between March and August. DP rang them and pointed out that was exactly why we hadn't cut the hedge back.

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.

It doesn't actually. Only the birds listed in "schedule 1" are protected from disturbance. Others are only protected from damaging/removal. So, you can cut a hedge carefully if there isn't a Schedule 1 bird nesting in it.

I'm pretty sure it is illegal (as someone else mentioned it's in the country side act 1981 )to intentionally cut a hedge with nesting birds(of any sort) in it. Ring the RSPB if you want confirmation. I think if you ring the council and tell them you have nesting birds and will cut the hedge when they have gone they aren't going to immediately send someone round to cut the hedge and bill you. For a start they won't have their full quota of staff working at present. It isn't really possible to cut the hedge without disturbing the birds which could just fly off and abandon their babies. Why would anyone want to do this unless its a genuine hazard to people?

Thank you all so much. I think that what I’ll do first is go around a few times early in the morning, at midday and late in the afternoon / evening. I haven’t noticed the blackbirds for a little while so I’ll need to make sure that they are still there.

@bluntness is wrong.

See https://www.rspb.org.uk/birds-and-wildlife/advice/gardening-for-wildlife/plants-for-wildlife/garden-hedges/hedge-law/ - Regardless of ownership, no-one can trim or cut a hedge if the action damages active birds' nests, and hence violates the Wildlife and Countryside Act*

And

It is an offence under Section 1 of the Wildlife and Countryside Act of 198181_ to intentionally take, damage or destroy the nest of any wild bird while it is in use or being built*...

I’m not wrong, and again there is a confusion between the words “damage” and “disturb”. I specifically said it was Illegal to “damage“ the nests, but not Illegal to disturb them.

The op can cut the hedge as Long as she does not damage the nests. This is a perfectly feasible thing to do, if you go carefully. She can disturb the birds. If any on the schedule was nesting in there she could not cut them at all as she would disturb the birds.

People really need to pay attention to the words used.