This morning tree surgeons were pollarding the tree(s) at our block of flats and appear to be well in breach of the Wildlife and Countryside Act 1981 and breaching the European Habitats Directive 1992 / Nesting Birds Directive.

And the managing agents (owned by the freeholders) also appear to be in breach by commissioning the work.

I refer to:

http://www.trees.org.uk/Help-for-Arb...-nesting-birds

Quote:

When tree or vegetation clearance work has to be undertaken during the nesting season, a pre works survey needs to be carried out by a suitably competent person. As a general rule, it should be assumed that birds will be nesting in trees, and as contactors [sic.] it is down to us to assess, record and confirm that any works carried out in the management of trees and other vegetation has not disturbed actively nesting birds.

Unquote:

Had a pre-works survey been undertaken as required by legislation then it would have found - as is it is clear to all residents - that there are a considerable number of birds nesting in the trees surrounding our block's car park.

These include house sparrows, starlings, collared doves, pigeons, crows, a robin, numerous varieties of tits and other small birds, even parakeets.

It is utterly unacceptable to commission this work - which could not in any shape or form be described as necessary for health and safety during the legally defined bird-nesting season.

How do leaseholders stand with regards to this apparent breach of the law? We will eventually have to pay for the work through the service charge. However it is the destruction of a fully leafed tree cut down to a few bare leafless branches that we are concerned about.

Thank you -

Chris B.