INVESTIGATORS have been called in to discover if a proposed cull of geese in a York park is legal.

Campaigners have contacted council watchdog the Local Government Ombudsman to check that City of York Council has acted correctly in obtaining a licence for the cull.

They claim the council has not fulfilled the Department of Environment, Transport and the Regions' regulations which state they must look at every other possibility before deciding on a cull.

The council proposed the action after receiving an 80-name petition complaining about the geese in Rowntree Park, which were causing health concerns and could act aggressively.

A campaigner, who asked not to be named before the Ombudsman considered her complaint, said: "The council also received a petition of 1,300 names of people who were against the cull, but that seems to have been largely ignored. We feel that is flying in the face of local democracy.

"It seems to us the only thing the council has done is put up a few notices asking visitors not to feed the birds. We shouldn't be doing anything until all the alternatives have been properly explored."

She said she had also contacted York MP Hugh Bayley, and asked him to speak with the Central Government Ombudsman about the DETR which, she claimed, had given a licence for the cull without ensuring all avenues had been explored.

Mr Bayley said: "I have received several letters about this and have raised it with the council.

"The cull has been put on ice while the council is seeking legal advice.

"This letter arrived at my York office yesterday and I will see it when I return to the city on Friday."

Although the plans are currently on hold, the complaint concerns the fact that the authority has obtained a licence to carry out the cull.

The Local Government Ombudsman was unable today to comment on the issues. If she decides there is a case then an investigation will be started.

A City of York Council spokesman said: "This is a public health and safety issue. Rowntree Park is a public park and not a bird sanctuary and a proper balance has to be struck between protecting members of the public,

including children, and protecting the geese.

"We have worked closely with the DETR on this issue and looked at a series of options. We are currently awaiting clarification of European law on this issue and awaiting news on whether the DETR will agree to allow a charity to take the birds away with our blessing."

adam.nichols@ycp.co.uk

PICTURE: Geese in Rowntree Park: Council waiting for legal clarification