AH, Midlands
Your neighbour will say that his pigeons are a hobby, or pets, and that every Englishman is entitled to enjoy the same within, and around, the battlements of his castle. Indeed, he may point to a rich and honourable tradition of pigeon fancying in the locality. However, the keeping of birds in a way that causes undue discomfort or annoyance to others is a nuisance.
So, you first have to decide on the nature and extent of the interference, and then try to put a cost on it in terms of money or inconvenience.
A number of vermin (eg, dermestes beetle) and diseases (eg, salmonella) are associated with pigeons. You should carefully consider whether your health, and that of your family, may have been affected. Furthermore, pigeon droppings deface and accelerate deterioration of buildings as well as damaging lawns and shrubbery, pigeon nests clog drainpipes and guttering, and cooing can be irritating.
The court’s decision on whether there is a nuisance or not is a balancing exercise, and likely to depend on the number of pigeons involved. Small numbers are unlikely to give rise to significant health issues, damage or noise nuisance. But there will be a tipping point when the numbers become excessive. Expert advice would be needed to support any case.
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Contact your local environmental health department, which may investigate whether a statutory nuisance under recent environmental protection legislation has occurred. If it declines to take action, you will have to go to the county court for an injunction and damages, for which you should seek further legal advice.
Desmond Kilcoyne, a barrister at 22 Old Buildings, Lincoln’s Inn specialises in housing and property law