A mesh barrier positioned beneath a railway overpass in Brighton has been taken down after multiple birds were trapped and perished in it, raising concerns that their remains might drop onto traffic below.

The infrastructure company intends to install new mesh screening beneath the overpass on New England Road in Brighton, having acknowledged that the current barrier was clearly too prone to failure and in need of replacement.

This follows a Brighton resident named Mark Richards discovering three dead pigeons tangled in the netting on April 15, along with other live birds desperately trying to break free.

Mr Richards believed the situation must contravene health and safety regulations, as decomposing bird remains could end up falling onto members of the public and vehicles.

Mr Richards described the circumstances as needless cruelty. He noted the problem had persisted for years and demanded immediate removal of the netting.

The netting was installed to discourage pigeons from nesting beneath the bridge, but Mr Richards explained that before its removal there were three very small gaps and one larger opening that made it difficult for birds trapped inside the netting area to escape.

He further explained that this was why birds repeatedly became trapped and died horrible deaths from injuries, gradual starvation and dehydration.

According to the RSPCA website, the Animal Welfare Act 2006 may be relevant in situations where wild birds are confined by man-made structures.

The animal welfare organisation stated that free-living wild animals are not normally covered by the Animal Welfare Act 2006, however if they are under the control of man, for example as a result of having been captured or confined, such as becoming trapped in netting, then the legislation may apply. The extent to which it applies, and whether an offence is committed, will depend on the particular circumstances of a situation.

Network Rail has since dismantled the netting.

A company spokesperson stated that staff visited the location the previous week to rescue trapped birds and carry out repairs. After receiving another report of birds caught in the netting, the team returned and removed the mesh, as it was evidently too susceptible to problems and required replacement. The pigeon-deterrent measures on this bridge will be reinstalled in due course.