Cumbrian mum and daughter fined for feeding pigeons

Published at 20:25, Tuesday, 13 December 2011

A Cumbrian mother and daughter have been fined £500 each for flouting a council order which banned them from feeding pigeons.

Mildred Monica McIntosh, 77 and Janet Lorraine McIntosh, 48, both of Broadacres, High Harrington, Workington, were today found guilty of breaching an Allerdale council abatement order relating to the noise and droppings from pigeons in their garden.

At West Cumbria Magistrates’ Court, chairman of the bench Gail Inglis said: “We have no doubt of the adverse affect feral pigeons in large numbers can have on the health and well-being of people in neighbouring properties.”

She added this was a particular concern as most of the McIntoshs neighbours were elderly and prone to slipping on pigeon droppings.

The court had earlier heard from 12 residents who claimed they live in fear of 300 feral pigeons that dominated their lives.

This evidence included video footage, photographs and detailed diaries.

The court was told that between July 7 and August 20 the McIntoshs put out bird food in their garden resulting in droppings and noise from pigeons, in contravention of the notice.

Both mother and daughter said they had not fed the pigeons since the order was served but admitted putting small bird feed out for other birds.

Janet McIntosh said: “All I have been doing is putting out the small containers for the little birds.

“I don’t put it on the patio and I certainly have never put it on the grass.

“I wasn’t going to stop feeding the garden birds that are reliant on me and I don't know where else they would go.”

When they were served the order they were given 21 days to appeal but it was around this time Janet was diagnosed with breast cancer.

Monica McIntosh said: “We were very shocked when we received the notice.

“At the time we didn’t have the money and because of Janet’s health we didn’t appeal.”

Mrs McIntosh’s husband, Alexander Paige McIntosh, of Nethertown, has been living in the Broadacre house since the beginning of July.

He admitted continuing to feed the birds despite being aware of the order.

He said: “Why shouldn't I feed the birds? It is a free country. No one has told me I cannot do it.”

Both women said they had told Mr McIntosh not to feed the birds but that they could not stop him and had no control over him.

The McIntoshs claimed Allerdale council had failed to investigate the noise complaints and had no proof that the droppings were from pigeons rather than other birds.

The women were fined £500 each and ordered to pay £1,182 costs and a £15 surcharge.

They were also warned that they are each liable for a fine of £50 per day if they continued to breach the order.

Speaking after the trial, Arthur McCullogh, 69, of Broadacres, said: “I am pleased with the result and I had no doubt whatsoever that we would get this result due to all the evidence from the residents of Broadacres.”

Janet McIntosh said: “I think it is absolutely disgraceful and I will definitely be appealing.”

Her mother added: “I am absolutely appalled by the decision, it is totally wrong.”

Published by http://www.newsandstar.co.uk