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From my understanding - its creating a health and safety issue to pedestrians -if he has already had warning from the council, they will expect it done.
Wheter I would personally want to get involved given the issues it could create is a different matter!
RSPB have a useful short article on it here. In short, it's not against the law but is advised against where possible. I think if you are cutting back a hedge that is creating a risk to pedestrians where the council has issued a notice you should be ok to cut that part if taking appropriate care regarding the nests while doing so.
Hedge Cutting & Bird Nesting Season | The Law - The RSPB
I would do it very quietly wearing camo clothing,, use secateurs only, and charge accordingly
Thanks all for your responses. I have contacted the customer and explained my concern, stating that I would not be willing to undertake the job at present. He has agreed to wait until August, although he does expect to receive a letter from the Council before then. If he does, it will be interesting what they say about the nests.
Unless there is a definite guide I can't see the council taking action in view of the birds they might review the situation in August .
Tree application approvals tend to remind contractors to observe wildlife rules from my experience .
Local authority are usually responding to a complaint from a passerby , I had this a couple of years ago with a job someone reported a bushy hedge forcing pedestrians to walk on the grass verge in June I agreed to cut the hedge in September also another gardening company wouldn't touch the hedge until bird season ended , I got the job and the neighbour who had reported the hedge then complained about my henchman blocking the path whilst the work was in progress .
If it's that bad it's months or years overdue, a few more weeks will be neither here nor there!
Your client will have recieved a formal letter (likely from Council's Highway dept) which will give exactly what needs actioning, with a plan and photos. More importantly it will have contact details, so formally put concerns re: dates & code of practice/law and place the request back into their court.
We get these on commercial properties for trees and hedges where public footpaths are adjacent and, if a real H&S issue exists, they get apporved/actioned as it overules bird nesting guidance (same as Highways Dept overrule TPO's).
Importantly, you'll have a written audit trail so you don't have to rely on 3rd hand 'directions' or pressure from client.