ANGRY residents claim the firm heading up an unpopular flat development in a conservation area of Glasgow’s West End has breached bird protection laws by felling trees during nesting season.

Westpoint Homes is building 19 flats with underground parking in an area off Queen Margaret Drive on the site of a former gym. 

An earlier application by another developer was rejected by Glasgow City Council, after 300 objections were lodged, but the firm was successful in its appeal to the Scottish Government and Westpoint took over the project.

With lockdown restrictions eased for construction work, tree surgeons arrived at the site on Fergus Drive on Tuesday morning to begin their work.

Glasgow Times:

They returned yesterday and were met by a protest group of around 20 locals who say the work should be delayed under nesting season is over.

All birds, their nests and eggs are protected by law and it is an offence to damage or destroy the nest of any wild bird while it is in use or being built.

READ MORE: West End residents accused of faking objections to flat develoment 

Westpoint says it has followed all the correct procedures “to the letter” with full consent for the work and said no laws had been broken, saying it is acceptable to fell trees during nesting season if a thorough inspection is carried out.

A spokeswoman for Scottish Natural Heritage said it was not consulted about the proposal but said the laws “protect most birds from disturbance.”

Glasgow Times:

However the protestors believe cutting down trees during the nesting season  is an infringement of the Wildlife and Countryside Act 1981.

Nick Higgins, who lives near the site said: “It is the understanding of the local community, after taking advice from several national institutions, including the Scottish Natural Heritage and the RSPB, that should the developer wish to disturb and fell trees during the nesting season that they must provide an independent report from an ecologist to evidence that there are no nesting birds on site. 

“The locals and local councillors have therefore asked that the tree felling stops immediately until a proper report and justification is provided.”

READ MORE: Campaigners fighting plans to build a budget hotel in conservation area 

Local councillor Martha Wardrop added:  “Whilst they have been granted permission to do the demolition work and the plans have been approved by the council there are protocols about biodiversity and they should be waiting until after the nesting season is past.”

Glasgow Times:

A spokesman for West Point Homes said: “We take these concerns very seriously and as a responsible company we ensure that all required permissions are in place prior to carrying out any works and that works on site are carried out in accordance with current legislation and best practice guides.

“Felling trees during the bird nesting season is acceptable where trees can practicably be inspected to determine whether birds are nesting within the trees. 

“This involves an inspection from ground level for the presence of nesting birds followed by an aerial inspection prior to any felling taking place and is recognised and accepted as good practice.  

“Following several complaints received by the planning department we have discussed the current tree works with Glasgow City Council Planning Enforcement department who have confirmed they are satisfied with the permissions we have in place and we are carrying out the works lawfully.

"Police Scotland were satisfied that the works being carried out were not a breach of the Wildlife and Countryside Act 1981."