Pigeon spikes on overhanging branches of neighbour TPO tree?

Pigeon spikes on overhanging branches of neighbour TPO tree?

Postby TopspinPhil » Wed Mar 11, 2015 11:17 am

My neighbour's Sycamore tree is covered by a TPO as we are in a conservation area.
It's half a meter from my border so many of the branches overhang my property.
Pigeons sit in those branches and ‘poop’ onto my children's trampoline.

Do I have the right to attach pigeon spikes with cable ties to the portion of the branches that are in my "air space?"

Thanks,
Phil
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Re: Pigeon spikes on overhanging branches of neighbour TPO t

Postby Ken1 » Wed Mar 11, 2015 12:37 pm

Not sure, but it seems a bit off trying to stop birds from sitting in trees. Could you not just move the trampoline?
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Re: Pigeon spikes on overhanging branches of neighbour TPO t

Postby TopspinPhil » Wed Mar 11, 2015 2:18 pm

Hi Ken,

Unfortunately that would mean the trampoline sits right in the middle of the garden which would make it unusable for anything else.

I only want to put spikes in a couple of branches overhanging my property. The pigeons will still have over 80% of the tree to sit in :-)

Phil
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Re: Pigeon spikes on overhanging branches of neighbour TPO t

Postby Collaborate » Wed Mar 11, 2015 3:35 pm

Your LA will have a department dealing with TPOs. If you ring them I'm sure they'll be very helpful.
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Re: Pigeon spikes on overhanging branches of neighbour TPO t

Postby arsie » Wed Mar 11, 2015 3:42 pm

Pigeon spikes need a solid flat surface and I am not sure can be effectively fitted to tree branches.

A modest air gun? You don't need a licence for air rifles under 12 foot pound muzzle energy.

We have a lad who visits when the pigeons get too pestiferous. They get the message ...
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Re: Pigeon spikes on overhanging branches of neighbour TPO t

Postby MacadamB53 » Wed Mar 11, 2015 6:09 pm

Hi,

a recent study found a staggeringly large amount of serious injuries are caused by the mis-use of those large garden trampolines that seem to be fashionable at the mo.

basically, as soon as you allow more than one child on the chances of at least one child sustaining a serious injury dramatically increases.

you won't know this, but I don't usually give much regard for elf n safety - however the results of this particular study were alarming.

here's a newspaper article covering the subject:

http://www.theguardian.com/lifeandstyle/2013/aug/11/are-trampolines-safe-children-play

as for the pigeons, no harm in trying your idea to see what happens...

Kind regards, Mac
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Re: Pigeon spikes on overhanging branches of neighbour TPO t

Postby arborlad » Wed Mar 11, 2015 6:29 pm

TopspinPhil wrote:My neighbour's Sycamore tree is covered by a TPO as we are in a conservation area.
It's half a meter from my border so many of the branches overhang my property.
Pigeons sit in those branches and ‘poop’ onto my children's trampoline.

Do I have the right to attach pigeon spikes with cable ties to the portion of the branches that are in my "air space?"

Thanks,
Phil



Living in a CA or having a TPOd tree is not a bar to having any works done to the tree, just that you have to have the works approved first.



arsie wrote:Pigeon spikes need a solid flat surface and I am not sure can be effectively fitted to tree branches.

A modest air gun? You don't need a licence for air rifles under 12 foot pound muzzle energy.

We have a lad who visits when the pigeons get too pestiferous. They get the message ...



Pigeon spikes come in various designs, some more flexible than others, I have successfully used them on the horizontal tubes of a tv aerial to cure a similar problem................lightly sauteed pigeon breast are excellent and the 'food miles' can be measured in a few tens of feet, likewise the time, a few minutes from tree to fork.
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Re: Pigeon spikes on overhanging branches of neighbour TPO t

Postby ukmicky » Wed Mar 11, 2015 11:32 pm

If this is a tree with an actual TPO

If so I would assume cable ties will affect the growth of the branch you are attaching them to ,no .
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Pigeon spikes on overhanging branches of neighbour TPO t

Postby Geometer » Thu Mar 12, 2015 3:02 pm

arsie wrote:A modest air gun? You don't need a licence for air rifles under 12 foot pound muzzle energy.


Illegal, on 2 counts:

1. All wild birds are protected by law. Some, such as feral pigeons, are classed as "pest" species and can be shot if they represent a serious public health risk, but only if certain conditions have been met, and only under licence. http://www.pigeoncontrolresourcecentre. ... e-law.html

2. Air rifles can be discharged on private land by permission of the land owner, but they may not be discharged across property boundaries without the permission of the neighbouring owner, and without that permission any miss when shooting up into a neighbour's tree is likely to result in a serious trespass. http://basc.org.uk/airgunning/basc-air- ... -practice/

@ TopspinPhil: you could try putting netting over the branch, or fix one of those model owl bird scarers up there.
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Re: Pigeon spikes on overhanging branches of neighbour TPO t

Postby APC » Sat Mar 14, 2015 12:18 pm

Plastic owls.
Or chuck a tarpaulin over the trampoline when not in use.
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Re: Pigeon spikes on overhanging branches of neighbour TPO t

Postby TopspinPhil » Sun Mar 15, 2015 8:24 pm

Thank you everyone for your comments and suggestions.

I have managed to speak to both a lawyer & the local Arboricultural Officer.

The lawyer confirmed that the tree branches are "trespassing in your airspace" and that I had the right to take reasonable action to abate the nuisance (i.e. bird fouling). He said I had no obligation towards my neighbour but should not violate the TPO. i.e. if I use cable ties i need to make sure they can flex a little to handle growth and probably replace them every couple of years.

The local Arboricultural Officer confirmed in writing "Attaching the spikes with cable ties will not harm the tree and therefore would not be a breach of the TPO."

So I will make one more attempt to put the spikes in with my neighbours consent and will then go ahead regardless.

Phil
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Re: Pigeon spikes on overhanging branches of neighbour TPO t

Postby arborlad » Mon Mar 16, 2015 11:15 am

TopspinPhil wrote:
The local Arboricultural Officer confirmed in writing "Attaching the spikes with cable ties will not harm the tree and therefore would not be a breach of the TPO."

So I will make one more attempt to put the spikes in with my neighbours consent and will then go ahead regardless.

Phil



Cable ties seem to have usurped baler twine as an all purpose fixer, but raffia or Nutscene would do just as well.
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Re: Pigeon spikes on overhanging branches of neighbour TPO t

Postby Roblewis » Mon Mar 16, 2015 1:19 pm

It will also break with branch growth rather than cut in. I still think a Peregrine Falcon kite on a pole to be a far better bet and aesthetically pleasing. If the tree has become a roost then disturbance at sunset will persuade the pigeons et al to move on.
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Re: Pigeon spikes on overhanging branches of neighbour TPO t

Postby APC » Mon Mar 16, 2015 10:41 pm

A tarpaulin would be far less hassle and much more effective than messing around with bird spikes.
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Re: Pigeon spikes on overhanging branches of neighbour TPO t

Postby arborlad » Mon Mar 16, 2015 11:19 pm

APC wrote:A tarpaulin would be far less hassle and much more effective than messing around with bird spikes.



Bird spikes would be far less hassle and much more effective than messing around with a s h i t covered tarpaulin - IMHO
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