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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My partner has a croft and has recently installed a birdguard

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My partner has a croft and has recently installed a birdguard machine to scare off crows, we have already seen a significant difference. It makes distress signals to frighten crows. Environmental health officer came out on Tuesday and basically told us we had no option but to turn it off after receiving a complaint from a neighbouring house. She came back out yesterday and told us neighbours willing to compromise on condition we make changes which we have done whilst she was still there. She has given us less than 24 hours to see if this is acceptable with neighbours. What we would like to know is shouldn't we given 7 days to make changes and she refuses and makes excuses not to do a meter reading. This is also a crofting area and these birds are doing a lot of damage to livestock feed.
Hello my name is ***** ***** I will help you with this.
On what basis did they give you less than 24 hours?
Customer: replied 2 years ago.

She has verally told us, she if possible doesn't want to issue any paperwork. She has showed us no I.D. If problem persists she could serve us an abatement order. She is trying to make out that the noise is a nuisance but we are on crofting land. I stood at the entrance of those making the complaints this morning and I could not here it for the noise of the traffic the main A9.

Thanks. What is it you want to ask me about this please?
Customer: replied 2 years ago.

Basically we want to know what our rights are. Because we are on crofting land can we have this machine running through the day, can she serve an abatement order without measuring the noise level. Do we have the right to 7 days notice to make changes. We have contacted the police and they say there is no reason why we can't have it on. It is turned off during the night. We are losing a lot of money on feed for our cattle are the crows are destroying it.

No they can't. They need to establish its a nuisance and only then issue an abatement notice. They can't say it's a nuisance unless they measure the level.
It's not a criminal matter so don't worry about the police, but they must establish a nuisance before saying its noisy. What about people talking, is that noisy?
See my point? Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Spoken to Environmental Health Officer tonight and she is coming back out to see us on Tuesday. She told us we have wasted our money as she can issue an abatement order without a meter reading. She is not interested in health and safety, welfare of animals or any other aspects of the croft, only noise.

how can they say it's a nuisance or noise then? You should complain to the local government ombudsman. They can consider your complaint and are independent. Their website is

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