COMMUNITY activists long opposed to a flat development in a conservation area of Glasgow’s west end claim the firm 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 disused gym.
A similar application by another developer was rejected by Glasgow City Council, after more than 300 objections were lodged, mainly due to the height of the building, 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 clearing trees ahead of the demolition of the gym.
READ MORE: Landmark building up for sale, with new hotel among development opportunities
They returned yesterday and were met by a protest group of around 20 local people who say the work should be delayed until 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.
The developer says it has followed all the correct procedures, has the appropriate consents for the work and said no laws were breached, 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 and said the law protects most birds from disturbance.
However the protestors maintain that the work 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 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.
“This report does not seem to have been provided or possibly not even requested by planning.
“The locals and local councillors have therefore asked that the tree felling stops immediately until a proper report and justification is provided.”
Local councillor Martha Wardrop voiced anger over the loss of the trees at a time when there are council plans to increase their number across the city.
She added: “Whilst the company has 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.”
READ MORE: Luxury flats plan for west end Glasgow church
A spokesman for Westpoint 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.
“ The development at Wilton Street/Fergus Drive will see the removal of a building which was constructed sometime around the 1970s/1980s and replaced with a building that is more in keeping with the location and surrounding tenement properties.
“We believe that the development will provide a positive contribution to the conservation area.”
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules here