Scaffolding

[Peta]

Scaffolding has been erected in front of nest sites of HMs and possibly swifts too.
As usual scaffolders didn’t see any birds although others did.

Reported to 101 but I contacted the local wildlife crime officer directly who always tells me

‘The only issue here is that is not illegal to disturb, only destroy, a birds nest unless they are a Schedule 1 protected species. Unfortunately, swifts and house martins do not fall into this category. But happy to attend to check species.’

What is the point of red listing if they aren’t schedule 1 - which is a weird list anyway?

Anyone else been told that active nest sites aren’t protected from disturbance?

We all have this every year and my understanding is that active sites of any birds cannot be disturbed (or destroyed)

Peta

[Ian Donovan]

This is the RSPB's interpretation that we received last year during an active case (attached).

It's worth relaying this to your wildlife crime officer and possibly also emailing wild...@rspb.org.uk to ask them to act as a go between.

Ian

HMCUK-IE/H&RSCG

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[Graham Knight]

If the scaffolding won't be removed by negotiation or police intervention I would get video evidence of the birds attempting to get to the nests and failing, and post this on social media naming the site

Tag your local councillors and MP in the post and ask that it is shared widely online. Extensive coverage like this usually gets strong public support and leads to action 

Best wishes

Graham 

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[Tiscali]

I think it must depend on where you are……I reported to police of a roof with nesting birds that was going to be refelted/tiled…..police intervened even before scaffolding had gone up….told house owner he would be arrested if scaffolding was erected.
Sharon Turnbull-Yeo
Somerset
Sent from my iPad

> On 14 May 2025, at 13:07, 'Peta' via swiftslocalnetwork <swiftsloc...@googlegroups.com> wrote:
>
> Scaffolding has been erected in front of nest sites of HMs and possibly swifts too.

[Andy Bullen]

I would ensure that any of the scaffolders are offered friendly advise that they are personally liable and they cannot hide under working for a company

Once an Incident number is registered then it is really out of their control and if destruction of a nest is proved then they will be in the “firing line”. Sowing a bit of uncertainty and doubt often helps 

If there is any prosecution they are the individuals to be fined - it often hits home the possible risks they run

[Peta Sams - Shropshire Swift Group]

I think the definition of destruction is open to interpretation. If the birds can’t get to their nest and it has young or eggs in it then you could argue it has been destroyed: the birds’ attempt to breed has been destroyed. Even if the physical nest is still there. 

The site has been visited and a bird seen getting into a nest. So case is closed. Hmm  

[Peta Sams - Shropshire Swift Group]

Thanks Ian. That is really helpful. 

I will forward it. See what response I get. 

Peta

[Ian Donovan]

Good luck! 

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