Can you cut down a hedge in bird nesting season?

Some residents in Oxfordshire are expressing their concerns after trees and hedges were cut down as part of a new road scheme.

The clearance was carried out by contractors working on the Housing Infrastructure Fund 1 project, otherwise known as HIF1, which is expected to cost between £320m and £400m. It involves the construction of a new bypass, Thames crossing and railway bridge in the Didcot area.

Work on the delayed project started in February, with the clearance of vegetation during the bird nesting season which runs from 1 March to 31 August.

Rules are in place to protect birds, nests and eggs, with some residents questioning whether these rules have been broken. So, have they?

Under the Wildlife and Countryside Act 1981, it is an offence to intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built and it is also an offence to intentionally take or destroy the egg of any wild bird.

But the RSPB said there was little protection for the habitat itself unless a hedgerow is protected under the Hedgerow Regulations 1997, or a tree has a Tree Preservation Order (TPO) or the site is specially protected.

And while there are no dates legally stated when trees or hedges cannnot be cut, the risk of committing offences under the 1981 Act is increased between March 1 and 31 August when birds nest.

If you do decide you want to chop down a tree or hedge during this period then a qualified ecologist must check the habitat for nests beforehand and every 48 hours once they have begun.

If active nests are found then work must stop and mitigation to protect them put in place.

Councillor Judy Roberts, Oxfordshire County Council's environment chief, said the works being carried out on the A4130 were allowed.

"We have taken steps to ensure the works are undertaken in accordance with legal requirements and no active nests will be harmed," she said.

But some residents have voiced frustration about the timing of the clearance, including the Conservative councillor for Didcot, Ian Snowdon.

"It looks like it's been hit by an atom bomb," he said.

He added that Didcot needed the infrastructure project but he "couldn't understand" why the clearing of the vegetation was "so excessive".

Detailed in the HIF1 planning application, Oxfordshire County Council identified 50,000sqm more tree cover would be lost than planted.

And a review into its plans for planting trees and shrubs were "weak".

Geoff Edmunds, lead wildlife officer at the RSPCA, said "what we're talking about is the home where birds live".

"It's hard work for birds to build a nest... I can't stress enough how stressful this is for the birds at this time of year.

"Let's look after them, let's do it properly, and let's make sure they're safe," he said.

The council said a professional ecologist was visiting the site every 48 hours and once the scheme is complete several hundred trees and other vegetation will be planted to improve biodiversity.

Councillor Roberts added: "The activity is in line with what we have planning permission to remove, so that the scheme can be constructed."

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