Pollution control - noise - bird scarer
Summary
The use of bird scarers is legal and essential for farmers to help protect certain crops. However farmers
and landowners using bird scarers must ensure that they are causing a statutory nuisance to others and that the scarer is
used in accordance with Code of Practice produced by the National Farmers Union (NFU).
If you are a farmer or landowner and use a bird scarer on your land, then please register on the form below, so we can get a picture of how and where scarers are being used in the Blaby district.
How to complain about or register a bird scarer
- If you wish to complain about a bird scarer, please complete: Service request form
- If you wish to register a bird scarer, please complete: Bird scarer registration form
Further information
Are there any rules about using a bird scarer?
As a general guide bird scares should:
- only be used where justified
- not sound on more than 4 occasions per hour
- not to be used before sunrise or after sunset (this doesn’t mean that scares used after sunrise in the summer are automatically acceptable)
- be positioned carefully to ensure that they are not pointing towards or too close to residential properties in the locality.
The farmer or landowner who is using the bird scarer must ensure that it is not causing a statutory nuisance.
What is a statutory nuisance?
There is no set definition but it is normally defined as a “material interference with the comfort and enjoyment of another’s home.”
In practice, to be a statutory nuisance, the noise would have to be excessive and unreasonable under the circumstances and significantly interfere with the use and enjoyment of someone’s home. For example: disturbance of sleep, forcing you to close a window, preventing you from using your garden etc due to the level, time, frequency and duration of the noise.
How does the Council investigate complaints about alarms?
An environmental protection officer would try to establish whether the noise emitted from the bird scarer is a statutory nuisance. It is likely that an officer would visit the area to determine whether this was the case.
What action can the Council take?
The environmental protection officer would try to offer advice and assistance to the person responsible for the bird scarer to minimise the noise. If the environmental protection officer is satisfied that a statutory nuisance exists, a notice can be served on the person responsible for the bird scarer. The notice could stop the activity from recurring.
How do I take a private action?
Under section 82 of the Environmental Protection Act 1990, any person may make a complaint directly to the Magistrates Court on the grounds that they are aggrieved by a statutory nuisance. It is advisable to contact a solicitor if you are considering taking private action.
External websites
Contact us
| Officer / Team | Environmental Protection Team |
|---|---|
| Postal address | Blaby District Council Council Offices Desford Road Narborough Leicester LE19 2EP |
| E-mail address | env.health@blaby.gov.uk |
| Telephone | 0116 272 7555 |
| Fax | 0116 272 7594 |
If you need this information in other languages or formats (large print, Braille or audio), please let us know when you contact us.
This page was last updated on 23rd September 2009
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