Tree fellers have been criticised for taking a saw to a tree in which birds were nesting.

The incident happened on Tuesday morning when Kirklees Council workers were cutting back roadside trees at Almondbury Bank close to the junction with Ravensknowle Road in Huddersfield.

Local resident Sara Peace said one of the trees had a magpie’s nest in with a number of fledglings and their mother.

Despite this, the workers had chopped off all but the topmost branches where the nest was situated.

Kirklees workmen trim tree with nesting Magpies.

She said: “I spoke to the men doing the tree felling. I said there was a nest up there. They said they knew that, which was why they hadn’t chopped all the branches off. “

Sara said the work and noise must have distressed the birds, adding: “I’m so upset by what they have done. I contacted the RSPB and apparently they are not even meant to have touched the tree. They pushed it to the extreme, leaving just the nest in the fork without any protection from the elements. It’s a disgrace.”

Sara was told the trees were being chopped back to create more light for properties on Almondbury Bank.

Kirklees workmen trim tree with nesting Magpies.

However, it seems the workers’ actions were within the law when it comes to magpie nests.

The RSPB website says it is against the Wildlife and Countryside Act 1981 to “intentionally or recklessly disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.”

Penalties that can be imposed for criminal offences under the Act is an unlimited fine, up to six months imprisonment or both.

However, magpies are not included among the 80 species listed in Schedule 1 of the Act.