A THICK hedge of trees bordering a new building site at Aiskew has been spared from the chainsaw because of birds nesting in the branches.

Persimmon Homes was preparing to fell the tall and untidy leylandii on the southern boundary of the former Northern LPG Supplies gas depot until nature lovers and the police intervened on Wednesday.

Local people were alarmed that the trees were to be removed at this time of year because a variety of birds, including blackbirds, thrushes, doves and finches, are nesting in them.

Persimmon, which was told that it would be breaking the law under the 1981 Wildlife and Countryside Act, has agreed to delay the felling until all the birds and their young have flown the nest.

PC Jim Hunter, North Yorkshire police wildlife liaison officer, said: "There are certain provisions in the Act which prohibit disturbance of nesting birds described under the legislation. There are get-out clauses, but whether they apply in this case is very subjective.

"We have advised the builders that they should leave the birds alone for a while until they fledge. We understand that the builder or agent has agreed to leave the hedge for the time being."

Eventual removal of the trees was envisaged when Persimmon got planning approval for 41 houses on the former site of the gas depot devastated by fire in 1996. All the old buildings, including the former depot manager's bungalow, have been demolished and a new access along Back Lane has been prepared.