Bird scarer noise complaints from residents in Edwalton and West Bridgford

Residents are reporting audible bird scarers in the Edwalton area, which they say are being used against NFU guidelines and affecting their lives.

The issue was last raised back in 2022 when Rushcliffe Borough Council worked with local landowners and farmers to secure their support to reduce and minimise noise disturbance to local residents.

However, this month residents in Edwalton say they have monitored the number of times they have heard ‘shots’ from the scarers, counting up to 26 times per hour in some cases, when guidelines say they should only be used  up to four times hourly.

Guidelines also state that the audible scarers shouldn’t be used on Sundays, yet on the day of publishing the shots could be heard multiple times per hour from 7 am on 23 February.

One resident logged the number of shots and times from the devices on Sunday 16 February:

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8.00am, 8.32 x 3 in 1 minute, 8.49, 8,52, 9.09 x 2, 9.11 x 3, 9.12, 9.23, 9.29 x 2, 9,30, 9.31 x 2, 9.49 x 2, 9.51 x 2, 9.52 and 9.55 x 2

‘This is 25 in less than 2 hours. This went on throughout the full day.’ the residents told us.

In a letter to residents who have complained to the council from Rushcliffe Borough Council Environmental Protection and Housing Team seen by the Wire, the reply reads:

‘This is a complaint of alleged noise nuisance and is being investigated accordingly under the statutory nuisance provisions of the Environmental Protection Act 1990.

‘For the issue to count as a statutory nuisance, it must either unreasonably and substantially interfere with the use or enjoyment of a home or other premises, or injure health or be likely to injure health.

‘Therefore, in trying to establish whether a statutory nuisance exists (or is likely to occur or recur), the impact on the person(s) affected is a key consideration, which is why you have been asked to keep a record of THE impact of the noise on you in your property.

‘I am aware of the NFU Bird Scarers Code of Practice. This Code of Practice provides advice and guidance to farmers to help minimise disturbance caused by bird scarers on neighbouring premises, and we take it into consideration when investigating complaints.

‘Farmers/landowners must ensure that the use of bird scarer(s) does not give rise to a statutory nuisance and that the bird scarer(s) is/are used in line with the Code of Practice. Being able to demonstrate compliance with the Code of Practice is likely to strengthen any defence should a statutory nuisance be established. However, non-compliance with the advice and guidance in the Code of Practice is not an offence in itself.

‘At present, we are working to establish the location(s) of the bird scarer(s) and will contact the farmer(s)/landowner(s) to advise them of the receipt of a complaint and to discuss the Code of Practice.

‘I would be grateful if you could continue to keep a record. If required, in due course, we will seek to undertake monitoring visits at your property.’

The scarers which are often used are a type of gas-powered ‘gun’ – and are in common use at this time of year typically until the end March. They are an accepted method for bird control in rural areas so long as they are operated in accordance with accepted guidance.

The Council said in 2022 that it found when dealing with these matters there is high compliance with the code and issues are resolved quickly with landowners and farmers generally happy to work within the guidelines if requested to do so.

Any further reports of noise issues with the devices can be completed at www.rushcliffe.gov.uk when the location of the device should wherever possible be identified. 

Any reports are then investigated in accordance with the Environmental Protection Act 1990.

Rushcliffe Borough Council has been contacted for comment.