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Nests in 'waste' ground (1 Viewer)

Mary

Mary

Well-known member
Just got back from walking a patch that is overgrown land, owned by a developer, but used by dogwalkers etc, no agricultural use. Whitethroats and chiffchaffs have arrived in greater numbers this year, some nesting in the tall 'weeds' in the centre of the fields.

All but a strip around the edges and some tricky bits in the middle has been cut flat, nests gone. There is no legitimate reason, at this time of year, to have done this.

Whilst I appreciate it is probably too late this year, what, if any, 'rights' does the wildlife have for the future? If it is pointed out to the developer that certain birds nest there, can this stop him/her from doing it next year until say, the end of August, as with hedges?

Has anyone else dealt with something similar? Any advice appreciated. I can't sit back and do nothing.:-C
 
You can only stop development if you find protected species (bats roosting, badgers, great crested newts, dormice, reptiles being the main ones), or active nests of protected species - any bird, shrews, hares and other game with a close season. The onus is on you to prove that development would destroy/kill the animals concerned, so you need to find active nests. And work can start once those nests are no longer active. Damage has to be deliberate, so if they don't know what's there they have an excuse - they have to knowingly break a law relating to 'taking' a protected wild/game species. They should have to pay for an environmental impact assessment to check what species are present, and any remedial work, but it depends on how big the land is and what kind of development.
 
Sorry, I wasn't clear enough. There is no development planned for the site at present, that failed a couple of years ago. So the land is unused, except for local dogwalkers. I just want to stop the destruction of nest sites during the nesting season. If I notify them at the start of the breeding season next year, as soon as I see nest building, is this enough to prevent the grass/'weeds' from being cut during the summer?
 
Mary said:
Sorry, I wasn't clear enough. There is no development planned for the site at present, that failed a couple of years ago. So the land is unused, except for local dogwalkers. I just want to stop the destruction of nest sites during the nesting season. If I notify them at the start of the breeding season next year, as soon as I see nest building, is this enough to prevent the grass/'weeds' from being cut during the summer?
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I would try and find out who owns the land and write them a friendly, non-accusative letter asking about the management of the land. They probably have no idea what is or could be nesting there, and may be more than willing to change their management practices. It might or might not work, but at least they won't be doing the same thing in ignorance next year.
 
Apodemus said:
I would try and find out who owns the land and write them a friendly, non-accusative letter asking about the management of the land. They probably have no idea what is or could be nesting there, and may be more than willing to change their management practices. It might or might not work, but at least they won't be doing the same thing in ignorance next year.
Click to expand...

Sounds like a reasonable suggestion. They might have thought they were just 'tidying it up' or maybe they had some letters from dog walkers about the 'weeds'. On the farmland where I work, they deliberately leave all the fields until the breeding season is over, and to be honest, I can understand why non-birders would find it messy. Some of the grass and nettles are nearly as tall as me.
 
Mary said:
If I notify them at the start of the breeding season next year, as soon as I see nest building, is this enough to prevent the grass/'weeds' from being cut during the summer?
Click to expand...

No, that's not enough. that carries no legal weight. You need to find an active nest.

be aware that there is a legal requirment on landowners not to allow their land to be the source of problem weeds for their neighbours, so he may be being neighbourly to his farmer neighbours by not allowing thistles to get started. Also, he may have actually been cutting and selling it for silage, so it's actually a 'crop'. Many farmers are cutting silage right now.
 
Mary said:
Sorry, I wasn't clear enough. There is no development planned for the site at present, that failed a couple of years ago. So the land is unused, except for local dogwalkers. I just want to stop the destruction of nest sites during the nesting season. If I notify them at the start of the breeding season next year, as soon as I see nest building, is this enough to prevent the grass/'weeds' from being cut during the summer?
Click to expand...
It is up to the mercy of the landowners.

I have done the same thing where I live. I live in an apartment complex with a pond. There is a strip of grass between the pond and a woodline that is about 100 metres long and only 2 metres between the pond and the woodline.

I noticed a Mockingbird nest in a tree that grew next to the pond at about 4 feet off the ground.

I explained this to the property owners and asked them to stop mowing that strip until after the breeding season and they stopped mowing that strip.

Small victory, I know. But small victories add up.
 
In the South Wales Valleys we have a porblem every year with breeding Lapwings. They always choose places that are designated for development. in fact a number of years ago we lost Wales largest Lapwing colony to devopment, it had nearly 50 pairs and even that didnt stop the work. ten years or so on, there still isnt any building happening on the site so the lapwings could have stayed for at least another decade!
 
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