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RE: TPOs and bird poo

Subject: RE: TPOs and bird poo
From: Alastair Durkin
Date: Jan 06 2009 14:40:28
What about Pheasant, Wood pigeon, Grouse, Woodcock etc? Have I broken the law 
on the odd occasion? Not that I've ever shot a Woodcock or a Grouse mind you!


-----Original Message-----
From: Ben [mailto:ben@xxxxxxxxxxxxxxxxxx.org.uk]
Sent: 06 January 2009 13:26
To: UK Tree Care
Subject: Re: TPOs and bird poo

Not sure if anyone has pointed this out yet but.......

It is an offence under section 1 of the Wildlife and Countryside Act for any
person to kill, injure or take any wild bird or to take, damage or destroy a
nest of a wild bird while in use; or to take or destroy an egg of a wild
bird.

The government gives annual licences  -
http://www.naturalengland.org.uk/conservation/wildlife-management-licensing/genlicences.htm
but these are very restricted.

The three licences that deal with killing wild birds (there is a fourth for
aerodrome operators) are:

Licence to kill or take certain birds to prevent serious damage or disease.

Licence to kill or take certain birds to preserve public health or public
safety.

Licence to kill or take certain birds to conserve wild birds.

Have a good look at them and their guidance notes on the Natural England
website. Unless you are very sure that one of the licences applies you could
be prosecuted for killing pigeons, magpies or any other wild bird. They
don't cover general nuisance and they do specify that non lethal
alternatives must be used unless these are ineffective or impracticable.

Not sure if it is true but I have been told that  people who supply wild
birds for the table usually have applied for and been given specific
licences.

If you think there should be a new general licence for example - for the
killing of birds to prevent TPO tree owners having bird poo on their
atios  - perhaps this could be suggested in the current consultation on
general licences
http://www.naturalengland.org.uk/consultations/general-licences/default.htm
The closing date for responses is 13 March 2009.


Regards

Ben Holding
AAIS



----- Original Message -----
From: "Liam McKarry" <Liam.McKarry@xxxxxxxxxxx.gov.uk>
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Sent: Monday, January 05, 2009 3:48 PM
Subject: TPOs and bird poo


I've just had a bizarre conversation with a member of the public
regarding her wanting to remove a large number of branches from a TPO'd
tree because of all the bird poo being deposited.



Now in my limited experience of bird poo there was quite a lot - she
feels that there are health implications and wants to use that as a
reason to cut the branches back (way in excess of 30% reduction) - other
than the aforementioned problem there is no other reason for the work.



Anyone have any experience of this one before?



Liam McKarry

Arboricultural Planning Officer



Environmental & Protective Services

Colchester Borough Council

PO Box 889

CO1 1LP



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