Advice needed urgently!!

[R Lindsay]

My Husband and I have been in our Aberdeenshire Council house for nearly two years now with our two little boys and share our hobby of racing pigeons there are two other fanciers across the road. But recently due to one ignorant persons complaint that our pigeons were pooing on her washing (we live near the sea and there are heaps of seagulls but if they see pigeons they blame them) the council advised us to take our sheds down and get rid of our pigeons. We do not want to lose our racing pigeons they mean a lot to us and we enjoy racing them so we need help and advice fast!! Please

[jimmy_84]

not sure of this problem but i would just pop round and have a quiet word with this neighbour and ask her how can she be sure it's your birds i have no problem with my birds flying out my neighbours enjoy watching them flying out.Do as i did show them how interesting your birds are when i had racers i got 1 neighbour to take me out on training with my basket of birds 30 miles away and he sat in loft with me waiting for them to return was fascinated he now calls round regular to see the birds he has his favorite so all is well here try the same

[Guest]

contact the shu they have a fund to help you fight this they canot just blame your birds pigeons as a rule dont sit on washing lines stuckies do thats what is doing it and pigeons as a rule dont sh-- on the wing they normaly turn round and step back before doing a sh-- show your neibour if yous are still on talking terms ask her to come and see for her self once they see it thats normaly enough good luck

[pjc]

Also make sure your birds are not left out to sit on roofs etc or they may take pics and use as evidence against you. Let the birds excercise and then get them back in the loft.

Fanciers leaving birds out all day on open hole are asking for trouble!

[Guest]

they will if on the wing for a number of hrs but not normanaly at the  home end

[ChrisMaidment08]

if my naighbour was on line im sure he wouldexplain what i did when he complained i told him i could be a good naighbour or bad one he changed his mind  if you get other naigbours to sighn they have no problem the councle would change minds

[just ask me]

ad someting of the same problem but when i video taped about 500 crows flying right over her house every eveing that solved that

[R Lindsay]

Thank you all for your great advice I was so lost and distressed when it happened you have helped me a lot. I'm gonna try and get a petition for my neighbours to sign but i don't even know this person who complained but i will when i knock on her door and she won't sign. They never sit on her roof and i tell people pigeons don't poo when they are flying and they certainly don't sit on washing lines but they find it hard to believe but I'm gonna invite the council round if they want too and show them what I mean. I'm not going down without a fight my pigeons mean no harm and my direct next door neighbour is interested in them and thinks its out of order someone complaining and will back me up.

[pjc]

it often happens when somebody new moves in!

[OLDYELLOW]

i would take it to your union to fight or fight it yourself in court there has to be evidence of proof , without this the council in question , is offering a bad solution on a whim also approach your ward councilor / mp to help you

[Guest]

may i suggest you also speak to your GP and explain the distress this is causing and how you dont know how you would cope without birds (you will be surprised how much clout Gp has) every little will help your case

[conny77]

stick it out because if you have to take your loft down then so does everyone else who lives in council propertys around the country. i had the same problem myself and i was aloud to keep mine. do either your husband or yourself suffer with any illnesses because this will work in your favour espesially if either of you suffer with depression

[Whats it called Cumbernauld]

Contacy the SHU for advice

[Guest IB]

Think you need to start with the basics (1) the Council and what you can and cannot do on their property - I assume it is Council property? . You will find this contained in their missives of let which you signed (and so agreed to abide by) when you took over the house. It may say something like 'no dogs, cats, pigeons ... unless permission has been otherwise given by the Council'.

 

Certain developments like garden sheds have automatic permission and are known as 'permitted developments'.  Provided the size and position in the garden of your pigeon loft falls within 'permitted development' then you can take it that you have permission for it, and they cannot force you to take the loft down.

 

(2) Council procedures: Have you had a visit from the Council and has the complaint been made known to you? Have you had a chance to reply to it and show that it is nonsense? How do they know that the poop came from a pigeon? And one of yours?

 

A petition / letter from neighbours that you share boundaries with that showed that you have been a good neighbour would also help, and may also show the complaint to be malicious..

 

Best wishes.

 

 

 

 

[JADE]

Contact Linda Brooks at SHU if you have not already done so. She has experience of this type of complaint and will help you as much as possible.

01698 286983

[Guest IB]

Sorry took too long to find link from previous thread to include in my previous post. Need to make sure you follow the conditions in 'Class E' the link below:

 

http://www.opsi.gov.uk/si/si1995/Uksi_19950418_en_4.htm#IDANND3D

 

which states:-

 

Permitted development

E.    The provision within the curtilage of a dwellinghouse of any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such... or other alteration of such a building or enclosure.

 

 

(  any part of the building or enclosure to be constructed or provided would be nearer to any highway which bounds the curtilage than—

 

(i)  the part of the original dwellinghouse nearest to that highway, or

 

(ii)  any point 20 metres from that highway,

whichever is nearer to the highway;

 

 

©  where the building to be constructed or provided would have a cubic content greater than 10 cubic metres, any part of it would be within 5 metres of any part of the dwellinghouse;

 

 

(d)  the height of that building or enclosure would exceed—

 

 

(i)  4 metres, in the case of a building with a ridged roof; or

 

 

(ii)  3 metres, in any other case;

 

 

(e)  the total area of ground covered by buildings or enclosures within the curtilage (other than the original dwellinghouse) would exceed 50% of the total area of the curtilage (excluding the ground area of the original dwellinghouse); or

 

 

E.2    For the purposes of Class E—

"purpose incidental to the enjoyment of the dwellinghouse as such" includes the keeping of poultry, bees, pet animals, birds or other livestock for the domestic needs or personal enjoyment of the occupants of the dwellinghouse.