tree causing hassle

LegacyUser

Hi,

I'm not sure if this is an A&P issue or more personal,

Our neighbour and his wife are not the nicest of people. We live in a rented house next to them. They were not very happy at our moving in as they were good friends with the landlord and wanted the house staying as an owner-occupier.

Anyway, last year the neighbour and his wife contacted the council about cutting the tree in front of our shared house. The council came round to ask if we had an objection and we stated that yes, we didn't want it cut as it gives much needed privacy and aside from enviromental issues (cutting down any tree needs good reason from us), the reason given was something we thought very frivolous (our neighbour's wife parks her car directly under the tree and his issue was the flower blossoms and birds messing her paint job!!)

Our landlord agreed with us and the compromise was to cut off some offending branches instead (which is what we initially suggested to the council).

Tonight my children and their friends came crying to the door (not an exaggeration, the older two who aren't even mine were in bits) because the neighbour has a private contractor out and whatever he did, a bird's nest fell out of the tree and the eggs including nest smashed on the ground.

I'm not sure how to handle it. I'm furious at the carelessness involved with the birds and the children watching it (the contractor didn't shoo the kids away beforehand which im also upset about),

But I don't want any trouble with next door. We have minimal interaction and I make sure our children don't bother them as they are 60+ and I'm aware how irritating young kids can be but I'm just stunned that his wife's 07 toyota which can be freely moved 2 metres from her usual spot to where there is NO TREE has caused this.

I feel like some kind of tree-hugger but really, the branches were ok with us

baby and crumble

Ok I don't want to be rude but getting this het up about a birds nest seems a bit much. I'm not saying like "f*ck all birds" I'm just saying these things happen. To be honest it's not the contractors job or your neighbours job to shoo your kids away. Not even slightly. Also as you're renting your house, your point of contact on this is your landlord. They own the house therefore what they say goes.

judeboy101

You might wanna check about laws cutting trees with nesting birds.

Wesser

I think it a really is the contractors job to make sure there isn't a child standing near by when cutting a branch!!!

I'm not sure if that's the same as shoo'ing!!!

Op this is not your house and I don't think you really have any say here.... if it was your place then yes..... but its not..... I wouldn't waste your energy

baby and crumble

Wesser wrote: »

I think it a really is the contractors job to make sure there isn't a child standing near by when cutting a branch!!!

But the kids weren't hit by a branch, they were obviously looking at what was going on and a nest fell out of a tree and apparently breaking eggs traumatised them.

Big Bag of Chips

Moved to Accomodation & Property.

Pkiernan

OP...are you and your family vegan?

If not, I'd just let the kids get over it to be honest.

SteM

It was an accident, accidents happen and unfortunately the kids were there to see it. Not much you can do tbh.

Pkiernan

Pkiernan wrote: »

OP...are you and your family vegan?

If they were, they'd probably already have told us ðŸ˜

Mrs OBumble

Wesser wrote: »

I think it a really is the contractors job to make sure there isn't a child standing near by when cutting a branch!!!

If the kids are young enough to be that upset then they should have been being supervised not left to roam free-range.

threetrees

Just on the nest, August is very late for eggs, even for a second clutch, so my guess is that the nest was an abandoned one from earlier in the year. Even with eggs in it the parents could have been frightened away or predated. I would doubt the eggs were ready to hatch.

evolving_doors

It's all relative.... did anyone mourn for the other unseen insects who perished in The Trimming.

shopper2011

They don't even need your permission to cut them but obviously they did consider you by trying to reach a compremise at first. In which you got your way...

How can you be so sure your neighbours did'nt like you before you moved in. Thats unfair on them. I suspect you did not even give them a chance, assumed the worst and are now proving yourself right.

Thirdly, no wild birds that I know of in Ireland, lay eggs mid-augest. (somebody feel free to correct me with facts) Especially nesting in a cherry blossom in a front garden. Perhaps you could teach your children when birds actually nest, in spring.

Who really is the bad neighbour here?

The_Conductor

Section 40 of the Wildlife Acts 1976, as amended, currently prohibits the cutting, grubbing, burning or destruction of vegetation, with certain strict exemptions, from March 1 to August 31 annually. There was a proposal by the Minister (Heather Humphrys earlier this year) to do a pilot study this August on nesting birds- as there are some species who do nest until August- to see whether it was feasible to allow the season to commence at the start of August- however, it was not brought in.

It is illegal to destruct vegetation- before the 31st of August- annually.

The contractor- broke the law.

Also- if the council are to remove the tree- they need a licence from the Department of Agriculture- if the diameter of the trunk exceeds 20cm at a height of 1.3m. They can't just remove it- regardless of whether its on their property or not (this applies to everyone, across the board).

Trimming- and tree surgery- are exempted from the requirements to notify the Department and procure an applicable licence- they are not, however, exempt from the Wildlife Act.

ganmo

The_Conductor wrote: »

Section 40 of the Wildlife Acts 1976, as amended, currently prohibits the cutting, grubbing, burning or destruction of vegetation, with certain strict exemptions, from March 1 to August 31 annually. There was a proposal by the Minister (Heather Humphrys earlier this year) to do a pilot study this August on nesting birds- as there are some species who do nest until August- to see whether it was feasible to allow the season to commence at the start of August- however, it was not brought in.

It is illegal to destruct vegetation- before the 31st of August- annually.

The contractor- broke the law.

Also- if the council are to remove the tree- they need a licence from the Department of Agriculture- if the diameter of the trunk exceeds 20cm at a height of 1.3m. They can't just remove it- regardless of whether its on their property or not (this applies to everyone, across the board).

Trimming- and tree surgery- are exempted from the requirements to notify the Department and procure an applicable licence- they are not, however, exempt from the Wildlife Act.

Then how about all the garden hedges that get cut over the summer?

The_Conductor

ganmo wrote: »

Then how about all the garden hedges that get cut over the summer?

Its illegal- and if reported- you face a fine of up to 2k and/or 6 months imprisonment, under the Act. If you wait until after the 31st of August- you're in the clear. It was designed to prevent farmers cutting hedgerows and/or other vegetation and disturbing nesting birds or other wildlife with young- however, it applies to all- not just farmers.

If you cut your hedge over the summer- you are in breach of the Act- period.

The_Conductor

OP- I'm closing your thread- you have the information you need- you don't need mad conspiracy theories.