Members of the public have been left divided over what a council intends to do about a herring gull which has stopped it from opening its £350,000 new water attraction, after nesting in one of the features. Aberavon Aquasplash, a £350,000 inclusive aquatic play area next to Aberavon Beach, was expected to open on May 30 for the May Half Term - but UK law prohibits people from moving a gull's nest or disrupting the nesting gulls in any way.
Neath Port Talbot Council explained this week that opening the splash park to the public "would amount to disturbance under the act and so would be an unlawful act" and so it's understood the attraction cannot open until the gull's eggs hatch and the family move on. For our full report on this, read our previous article here.
But the council has also noted that the gull's nest is beneath a water bucket which, when full, automatically tips over. An excerpt from the council's statement says: "The nest in the Aquasplash is below a ‘tipping bucket’ feature and it has been observed that the large bucket is currently quite full with rainwater. With the design of the feature, once it gets to a certain volume, it will automatically tip and potentially wash the nest away. Given, however, that any human interference or activity around the nest could result in disturbance and subsequent abandonment of the nest, council officers are not able to intervene to prevent this from happening."- You can get the latest Neath Port Talbot news stories straight to your inbox with our free newsletter. Sign up here
Read more: What life's like now in the community whose former mayor said should be nuked
Several members of the public have expressed their concern at this, with some saying gulls should be better protected and respected. "Beautiful birds have more right to be on this planet than human beings!" one reader said. "Crazy how some humans actually think they are superior to any other animal on this Earth. I know one thing, I will always respect animals more than I will ever respect human beings." Another added: "Every bird, animal etc, has a right to live". Read here about the hidden Welsh beach on an army firing range that you can only visit at certain times of the year.
But some readers said they'd like to see the nest removed, so that the splash park could open. "Seagulls are the rats of the sky and should be treated as such," one reader said. "The easy way around this is to merely turn the water on - once the bucket is full the problematic seagull will simply be washed away. Time for a change in the law!"
"Ridiculous. Seagulls should not be a protected species, as they are a pest. Any other bird, fine, but seagulls? Remove the eggs and/or nest, and let them find somewhere else. Yes it's illegal to do so but that should be changed," agreed another. You can read more stories about Port Talbot here.
The statement from Neath Port Talbot Council - in full
A statement from Neath Port Talbot Council explained: "Neath Port Talbot Council could be forced to delay opening its popular Aquasplash water park facility on Aberavon Beach after contractors found Herring Gulls nesting in one of its water features. Council biodiversity officers have visited the site and confirmed a pair of Herring Gulls were nesting in the water feature. Under the Wildlife and Countryside Act (1981) it means the nesting pair cannot now be disturbed until the nest is empty.
"Opening the attraction would amount to disturbance under the act and so would be an unlawful act and biodiversity staff also say that nesting birds will defend their eggs/chicks if approached. It had been hoped to open Aquasplash, which this year will be equipped with new changing facilities, later this month [Aberavon Aqua Splash suggested on Facebook that the site would open in-time for the May Half Term].
"Herring gulls are Red Listed birds - these are birds in the UK, Channel Islands and the Isle of Man listed as being in most urgent need of our help. It includes some of our rarest birds such as hen harriers and capercaillie but also familiar birds like house sparrows and starlings, which have suffered huge declines.
"Although the location of this herring gull nest is unfortunate, it is good to see them nesting locally. The nest in Aquasplash is on a ‘tipping bucket’ feature and it has been observed that the large bucket is currently quite full with rainwater. With the design of the feature, once it gets to a certain volume, it will automatically tip and potentially wash the nest away.
"Given, however, that any human interference or activity around the nest could result in disturbance and subsequent abandonment of the nest, council officers are not able to intervene to prevent this from happening. The council has liaised with Natural Resources Wales (NRW) which has confirmed support for the council’s approach. There will now be continuous monitoring of the situation and the facility will be open as soon as practically/lawfully possible."
A spokesperson for Neath Port Talbot council added: "The contractors on site showed professionalism in understanding their obligation to the law and to the gulls. We will continue to monitor the site and will also be taking steps to prevent this reoccurring in future years.”
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