Item no

Report no

5.6

TI+E/85/11-12/Sfc

Control of Gulls and Feral Pigeons in the City

Transport, Infrastructure and Environment Committee
21 February 2012

1 1.1

Purpose of the report A report by the Director of Services for Communities on Gull Nests in Tenemental Areas was made to the Transport, Infrastructure and Environment Committee on 29 November 2011. The report stated that a further report would be presented to the Committee covering the following issues: a) b) the outcome of the Dumfries De-nesting Project, address Councillor Buchans motion remitted from the Council meeting on 25 August 2011:

Council: i) notes that many local authorities are concerned about the impact on residential amenity that nesting gulls / pigeons cause and notes that several offer a free de-nesting service; notes the impact of gulls / pigeons in the city is of grave concern to many in tenemental areas where there are environmental and safety issues prevalent; and calls for a report in three cycles that accurately reviews the actions of other UK local authorities, devolved government and other agencies on how the issue of nesting gulls / pigeons is treated in other parts of the UK and identifies a best practice solution for use in Edinburgh. To examine a proposal by Merchiston Community Council for a localised de-nesting and egg removal pilot in a predominantly tenemental area covered by the Community Council, the associated costs and other matters. Produce a projected baseline costing for providing an egg removal and de-nesting service for gulls from properties across the city.

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This report has been discussed with Councillor Buchan and representatives of Merchiston Community Council. 1

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Summary This report outlines the findings and outcome of the gulls nest and egg removal project in Dumfries undertaken by Dumfries and Galloway Council, aimed at reducing nuisance associated with the aggressive behaviour associated with gulls nesting in the town. The report summarises the outcome of enquiries made to other Scottish and English local authorities on the measures currently undertaken to control gulls and feral pigeons. The report assesses the requirements and estimated costs of conducting a pilot nest removal project in an area within Merchiston and of providing a city-wide gulls nest and egg removal service. Main report The presence of feral pigeons and roof nesting gulls has been an issue in the city for a number of years giving rise to approximately 245 service requests about pigeons and 140 requests about gulls from the public each year. Urban gulls can cause a variety of nuisances, usually relating to noise and bird droppings. Urban gulls may also show aggressive behaviour, but this is less common and is usually associated with protection by adult birds of chicks close to fledging. The nesting season for gulls is between April and August and it is principally during this period that gulls are perceived as a nuisance by local communities. Pigeons are perceived as a nuisance year round principally in relation to bird droppings. The Councils Pest Control Service has recently revised a leaflet providing information and advice on urban gulls, which will be available to the public and published on the Councils website.

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3 3.1

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At its meeting on 27 July 2010, the Transport, Infrastructure and Environment Committee considered a report by the Director of Services for Communities on Gulls Nests in Tenemental Areas. The report included information on a pilot de-nesting project being undertaken in Dumfries by Dumfries and Galloway Council. Committee instructed that an annual update report on the pilot scheme be submitted to the Committee. A report by the Director of Services for Communities was presented to the Committee on 29 November 2011 providing an update on the Dumfries Project and informing the Committee of discussions with Merchiston Community Council, which had taken place following the Committees decision on 27 September 2011 relating to the motion by Councillor Buchan. The report indicated that a further detailed report would be presented to the Committee in February 2012.

Legal Considerations 3.3 Control of nesting gulls and pigeons is the responsibility of the property owner. There is no statutory obligation for the Council to control pigeon and gull populations, or legal authority for the Council to instruct owners or occupiers to take action against nesting pigeons and gulls on their property. The consent of the property owner would be required before the Council could undertake any nest or egg removal on private properties. In the case of tenement and flatted properties, permission from all owners would be required before the Council could undertake work on common areas. 3.4 Nesting and egg removal activities must be undertaken in conformance with the terms of the General Licence issued by the Scottish Government under the Wildlife and Countryside Act 1981. Action is permitted only for the purposes of protecting public health, public safety and to prevent the spread of disease. The licence can only be relied upon in circumstances where all non-lethal methods of control, such as scaring or proofing, are impracticable. This requirement is reinforced by an obligation to make a return to the Scottish Government in the case of Lesser Black Back Gulls and Herring Gulls, providing details of the number of birds and their eggs killed, taken or destroyed in each month; the reasons why the action was taken; the methods of control used; and the locations of any such actions. 3.5 A city-wide programme of egg and nest removal to control pigeons, Lesser Black Back Gulls and Herring Gulls, without consideration of other control measures, could be open to challenge, unless it can be demonstrated that the presence of the birds was a public safety issue. Removal of nests and eggs in response to noise disturbance caused by adult birds would not be justified under the terms of the General Licence. Dumfries De-nesting Project 3.6 At a meeting on 13 December 2011, the Planning, Housing and Environmental Services Committee of Dumfries and Galloway Council considered a report on the ongoing intervention in 2011 for the control of gulls in the Dumfries and Heathhall areas. This was the third year of a co-ordinated programme of gull control within the designated areas, where the Council, responding to service requests, provided property owners with a free-of-charge service for gulls nests and egg removal. A total of 1115 visits with a target of 5 visits per location over 3 months were made by the Councils contractor, who removed 1678 nests and 3468 eggs. The majority of this work was carried out in the early morning with some activity in the evening and weekends to facilitate access. The 2011 programme was considered to be a success in this immediate area. It was estimated that the number of fledged gull chicks in Dumfries was reduced by 84%. However, it was recognised that since gulls only return to breed after 4-5 years, the full impact of the project would not be apparent till 2013-2014. 3

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The report noted that although gulls in the project area declined by 37%, in areas where nest and egg removal did not take place, an increase of 57% in nesting gulls was observed. The report also highlighted evidence that gulls affected by repeated disturbance of their nests move to surrounding areas where other gull colonies appear to be stable and successful.

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The cost of the project in 2011 was 38,300. The report highlighted that costs will increase in 2012, in order to facilitate the hiring of equipment to access problematic areas of roofs which had been difficult to deal with due to health and safety considerations. The proposed budget for continuing this service in 2012 is 45,000, which includes the cost of a detailed evaluation of the project as a whole. The report acknowledged the problems of undertaking such interventions if charges were levied, particularly with tenement properties in multiple ownership. Control Activities by Other Local Authorities

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All local authorities in Scotland were contacted as well as those local authorities in England and Wales that subscribe to the Chartered Institute of Environmental Healths Communication Network. In Scotland, 22 authorities responded, of which 9 provide some elements of a gulls de-nesting service, 1 provides an egg oiling service and 12 do not provide any de-nesting service. Angus Council provides a free nest and egg removal service across the whole of its area. Shetland Islands and West Dumbartonshire Councils provide a chargeable nest and egg removal service across the whole of their area (Shetland Islands Council does not charge those on means tested benefits). Perth and Kinross Council employs a contractor to provide free advice, but any work subsequently requested is at the property occupiers expense. Dumfries and Galloway, East Ayrshire and East Lothian Councils provide a free nest and egg removal service in designated locations within their areas. Dundee City Council provides a chargeable nest and egg removal service under contract to local businesses and in response to complaints. Scottish Borders Council provides a free egg oiling service in Eyemouth. Aberdeen City Council removes gulls nests and eggs from Council owned properties.

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The number of visits, nests and eggs destroyed in the Dumfries and Galloway programme has been indicated in paragraph 3.7. Angus Council undertakes approximately 250 treatments per year. No information on number of visits or nests and eggs destroyed was provided by other authorities. 4

Dumfries and Galloway, Scottish Borders, Shetland Islands and West Dumbartonshire Councils report that their programmes have been successful in reducing the number of complaints received relating to aggressive behaviour of gulls in the areas where work is carried out. 3.12 Only a small number of local authorities from outside Scotland responded. None of these were being proactive in the field of gull control, although it was an issue under consideration for some. Scottish Local authorities undertake proofing of buildings and structures to control feral pigeons. Local authorities also humanely cull pigeons and remove nests and eggs. Of the local authorities responding to our request for information, only one provides an extensive pigeon eradication programme. This is provided free-ofcharge. All other responders indicated that they did not carry out pigeon eradication programmes, although this may be undertaken in specific situations. Merchiston Community Council Proposal 3.14 Merchiston Community Council has proposed that the Council should undertake a pilot project to provide a free gulls de-nesting service to property owners in the following locations: Bruntsfield Place, Dundee Terrace, Bryson Road, Watson Crescent, Foster Terrace, Yeaman Place and Temple Park Crescent. There are estimated to be 165 tenement roofs at these locations. If the project is successful it is suggested that the service could be extended to all properties in the Community Council area. There are approximately 2790 buildings, excluding small structures, sheds etc. in the area. 3.15 In discussion with the Community Council, it was suggests that gulls nests removal in the pilot area could be undertaken by two Pest Control Officers, assisted by volunteers from the local community, over a period of 4 to 6 days in April, May and possibly June. The local volunteers would assist by identifying locations of gulls nests and arranging access to the roofs of properties. Nest and egg removal would be carried out by Pest Control Officers. Having considered the Community Councils proposals, and also taken account of the Dumfries project and the experience of the Councils Pest Control Service, it is considered that to ensure maximum effect within the pilot area, nest and egg removal should be undertaken from May to September, with a target of 4 visits during the period. In order to meet Health and Safety requirements for working at height, teams of 2 Pest Control Officers would be required to carry out nest removal. Should a mechanical means of access be required to reach inaccessible nests, traffic management in the adjoining street will be required, which may include the need for temporary parking restrictions and possible road closures, and may incur additional costs 5

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The cost of undertaking this work, based on a team of 2 persons carrying out 4 visits per property is estimated at 250 per property. It is considered that one third of the properties in the pilot area will have gulls nesting. In addition, there will be an initial cost of approximately 2500 for surveying roofs and undertaking roof safety checks. A further potential cost is the hire of articulated boom access machines at up to 1000 per day. These platforms may be required in order to access parts of the roof areas where nests are otherwise inaccessible from the roof itself. The Community Council has agreed to provide assistance. However, it is anticipated that there will be administrative costs for the project (e.g. preparation and distribution of leaflets; information returns to Scottish Government; collating access approvals).

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Gulls only return to their location of birth to breed after 4-5 years. Therefore the pilot project would need to be maintained for at least this period of time in order for any benefits to be achieved. It should also be noted that gulls displaced from specific areas may re-locate to other areas not subject to a control programme. Consequently, a control programme in a limited area of the city may displace the problem to other areas of the city.

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Based on the assumptions outlined in 3.18, the cost of the pilot project is estimated at 25,000 per year. As the project will need to continue for at least 5 years, the overall cost of the project is estimated as 125,000. It is suggested that if the pilot project is adopted, progress reports should be provided annually to enable the Committee to decide on future continuation of the project. City-Wide Gull Nest and Egg Removal Service

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Evidence from the Dumfries Project and other local authorities providing a gulls control programme, and the experience of the Councils Pest Control Service indicates that control of gulls is most effective by nest and egg removal. Other measures, such as oiling and pricking of eggs, or replacement of eggs with dummy eggs, are less effective. Furthermore, these other measures require the operative to gain direct access to nests, which will have health and safety considerations. There are approximately 143,245 buildings in the city, of which 6200 are tenement properties. Experience has shown that gulls do not nest only on tenement properties, and all properties in the city are potential gulls nesting sites. Before any scheme could be considered, a Task Force would be required to examine and report on gull species, nesting locations, access practicalities and to assess possible benefits such a service could bring to any particular geographic area within the city.

3.22

Preliminary surveys of properties would be required to evaluate access requirements and undertake health and safety risk assessments. The requirement for specialist equipment to access parts of roof areas where nests are otherwise inaccessible from the roof itself would also need to be assessed. The use of mechanical means of access may require local traffic management, including temporary parking restrictions and road closures. 3.23 In order to provide a city-wide gulls nest and egg removal service, it is considered that a minimum of 3 teams of two pest control operatives would be required in order to respond to service requests across all areas of the city. The teams would need to be operational full-time from May to September. Administrative support would be required from May to September to process service requests, obtain the necessary consents to work on private properties and make the necessary monthly returns to Scottish Government. 3.24 The cost of providing three pest control teams to undertake up to a 5 month programme estimated at 212,000 per year. This cost includes equipment and vehicles, except for the hire of specialist access equipment (up to 1000 per day). In addition administrative support and associated costs are estimated as 12,000 for the 5 months programme. Additional costs may be incurred for the imposition of any temporary parking restrictions or road closures. In order to achieve a successful outcome to the control programme, a commitment to support the programme for a minimum of 5 years should be recognised. 3.25 Previous experience has demonstrated that provision of a gull nest removal service on a chargeable basis to the general public is unlikely to be successful, owing to the reluctance of property owners to pay for removal of nests on their properties. The majority of service requests received are made by the occupants of properties neighbouring those with nesting gulls. City-Wide Feral Pigeon Control Service 3.26 The Councils Pest Control Service currently undertakes proofing of buildings and structures on a chargeable basis to control pigeons. The Service also provides advice to property owners and developers on design and control measures. The Service is licensed to undertake culling of pigeons and this is performed when non-lethal control measures alone are inappropriate. The Councils Public Health Team is responsible for dealing with Statutory Nuisances under Public Health legislation. Where pigeon droppings have accumulated to such an extent that they are offensive, noxious or a danger to health, a Statutory Notice will be served on the property owner/occupier requiring removal of the problem. 7

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The most successful method for control of pigeons at specific locations is proofing, which prevents the birds from roosting and nesting. A variety of proofing methods are employed, depending on the location and nature of the structure; these include netting, post and wire systems, spikes and gel applications. A further essential control measure is denial of food sources. This is being achieved through the Councils containerisation of waste programme and use of gull/pigeon deterrent bags, litter control by Environmental Wardens and additional street cleaning by Neighbourhood Teams at locations where it is known food waste may accumulate.

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It is considered that the current measures to control feral pigeons at specific locations across the city are adequate and a city-wide control and eradication programme is not necessary. Financial Implications Merchiston Community Council Pilot Project. The annual cost of undertaking the pilot project, including operational staff, administrative support, equipment and vehicles is estimated as 25,000. Assuming that the project extends for a minimum of 5 years, the overall cost of the project is estimated as 125,000. City-wide Control Gull Control Programme. The estimated annual cost of undertaking the city-wide programme is 212,000 for operational staff, equipment and vehicles. The estimated annual cost for administrative support for the programme is 12,000. There may be an additional cost for hire of specialist access equipment at up to 1000 per day, and also for any traffic control measures required when using this equipment. For both the Merchiston pilot project and the city-wide project, funding will be required for a minimum of 5 years, in order to achieve the full benefits of the control programmes. The financial costs of the Merchiston pilot project and the city-wide programme cannot be met from the existing budget for the Councils Pest Control Service, which is required to operate on a full cost recovery basis. The cost of providing the current service for control of pigeons is met by charging customers making requests for this service. Environmental Impact Nesting gulls and feral pigeons have several impacts which may be considered potentially adverse. Their nest may physically block drainage channels, vents and chimneys. There may also be a build up of faecal material on roofs as a result of nesting colonies. The calling of gulls may result in noise and disturbance. Feral pigeons may cause faecal material to build up on buildings and on the ground when they roost under bridges and on overhanging structures. 8

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Equalities Impact This report proposes no change to current policies or procedures and as such a full impact assessment is not required. The contents have no relevance to the public sector Equality Duty of the Equality Act 2010. Conclusions Control of gulls and feral pigeons is regulated by General Licences issued under the Wildlife and Countryside Act 1981. Action is permitted only for the purposes of protecting public health, public safety and to prevent the spread of disease. Nest and egg removal and culling may be carried out only where nonlethal methods of control are impracticable. Control of nesting gulls and pigeons is the responsibility of the property owner. The Council has no statutory obligation to control gulls or pigeons, or legal authority to instruct property owners/occupiers to take action against nesting gulls and pigeons on their property. The Council would require the consent of all relevant property owners in order to undertake nest or egg removal on private properties. The de-nesting and egg removal project being undertaken by Dumfries and Galloway Council in Dumfries appears to be a success at the Year 3 stage of the project. However, final conclusions on the efficacy will not be evident for several years. A number of Scottish local authorities provide gulls nests and eggs removal services. In some cases the service is free-of-charge, other authorities charge for the service. Some authorities provide the service in limited areas only. Local authorities report that the services offered have resulted in a reduction in the number of complaints about aggressive behaviour of gulls. Nest and egg removal is the control method adopted by most local authorities to control gulls. Scottish local authorities do not have extensive feral pigeon control programmes. Authorities control pigeons at specific locations using non-lethal methods, supplemented by nest and egg removal and humane killing, when necessary. Control programmes will need to continue for at least 5 years in order to have any effect on the breeding gull population. It is possible that confining denesting programmes to specific areas may cause birds disturbed by the denesting activities to re-locate to other areas of the city. Gull nest and egg removal services are currently provided on a chargeable basis by the Councils Pest Control Service. There is currently no budget provision to provide these services free of charge. Current measures to control pigeons are successful and a city-wide programme is unnecessary.

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Recommendations It is recommended that the Transport, Infrastructure and Environment Committee: a) b) c) notes this report; discharges Councillor Buchans Motion; instructs that further reports on the Dumfries Project should be presented to the Committee on an annual basis.

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Committee instructions are invited on proceeding with further actions to control gulls in the city. Mark Turley Director of Services for Communities

Appendices Contact/Tel/Email

None Dr Andrew Mackie - Environmental Health & Scientific Services Manager 0131 469 5925 andrew.mackie@edinburgh.gov.uk City-wide Supports National Outcome 12 - We value and enjoy our built and natural environment and protect it and enhance it for future generations. 1 Report to TIE Committee dated 27 July 2010, Gull Nests in Tenemental Areas 2 Report to TIE Committee dated 29 November 2011, Gull Nests in Tenemental Areas

Wards affected Single Outcome Agreement

Background Papers

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