A children's splashpark is still unable to open to the public as a seagull's nest remains beneath a water bucket attraction. Aberavon AquaSplash in Aberavon, Neath Port Talbot was expected to open for the May Half Term holiday last week but after council staff found a herring gull and her nest on the site, they announced they would be unable to open the attraction until the gull and her family moved on.
As we reported last week, Neath Port Talbot Council explained that herring gulls, also known as 'seagulls,' are protected under UK law and cannot be disturbed - and as opening the splash park to the public "would amount to disturbance [under UK law]" - the attraction cannot open until the gull's eggs hatch and the gull family move on. For our full report on this, read our previous article here.
Now, more than a week after the nest was first spotted at the attraction, the splashpark has still not opened - and the council have no idea when they'll be able to open its gates and finally let the public splash around in the £350,000 park.
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Speaking to WalesOnline on June 7, Neath Port Talbot Council said the splash park attraction "will be open as soon as practically/lawfully possible". At the moment, the council is unable to do anything to move the nest - or intervene with the water bucket above it - because "human interference or activity around the nest could result in disturbance and subsequent abandonment of the nest, so council officers are not able to intervene".
The Council's comments come after it suggested the seagull's days were numbered as the large bucket above its nest has become "quite full with rainwater" and will automatically top over and "potentially wash the nest away" when the water gets to a certain level.
The latest advice from Natural Resources Wales (NRW) is to leave the nest where it is - but members of the public have contacted WalesOnline to express their concern that leaving the nest and not intervening with its position below a tipping water bucket could harm the nest and any eggs inside. For more stories from Neath Port Talbot, visit the Neath Port Talbot page of our website.
One reader said Neath Port Talbot council should "immediately set up cameras" and "ensure that the tipping bucket lock is engaged to prevent it accidentally tipping onto the gull's nest". Alternatively, the reader suggested someone should use rope to tie the bucket up and stop it from potentially tipping over the seagull's nest.
Another took to the Neath Port Talbot Online Facebook page to say: "Sweet lord, leave the bird in peace! And can someone prop the bucket so that any rainfall doesn't tip it? UK law prohibits people from moving a gull's nest or disrupting the nesting gulls in any way - can we, instead, admire the tenacity of this bird and Mother Nature and think slightly outside the box when it comes to entertaining your little darlings?" "Surely there is a way of removing it safely and put it somewhere else so the eggs are kept safe if not just leave it," added another.
But some readers said the nest should be removed so that the popular waterpark attraction can be opened and used by the community. "Seagulls are flying scavvy [scavenger] rats. Pest in my opinion and should just relocate the nest nearby," one reader said. "Seagulls are the rats of the sky, and should be treated as such. 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!" added another.
Explaining the law, a spokesperson for the NRW said: "It is an offence to take or destroy the nest and eggs of Gulls. It would therefore be an offence to move it.
"In certain circumstances NRW can grant a licence for taking nests or eggs, which in this case would allow the council to move the nest. One of these circumstances is ‘preserving public health or public safety’. The council would need to submit an application to NRW and demonstrate how the nest is posing a risk to public health/safety."
Asked whether the council should leave the bucket where it is or interfere in order to help the gulls, RPSB Cymru declined to comment. But the society did further explain the law protecting the birds.
A spokesperson for RSPB Cymru said: "Gulls, and all species of bird, are protected by the Wildlife and Countryside Act 1981 so it is illegal to disturb, destroy or damage their active nests. Herring gulls are on the red list for species of conservation concern, so it is important that their nests and chicks are protected. Therefore, the decision to keep the park closed until the chicks have fledged and the gulls have moved on is the right one to make.
"May to July is prime gull nesting season. During this period, gulls can become incredibly protective of their chicks. If a gull feel that people venture too close to their chicks, they will respond to this threat by flying over at great speed and alarmingly close, so the best guidance is to stay well away."
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