pigeon pest control on building site - who's responsible?

Hi,

we've got an issue with pigeons nesting on the neighbouring building site. In fact they're nesting on top of a wall that's right next to our kitchen wall, and underneath a wooden board that our neighbour put on top of the wall when he pullen a roof down in about 6 m length. So the pigeons nest effectively under a canopy created that's open on both sides.

The issue is that the noise of the pigeons is right over our kitchen diner. Additionally we're worried about potential pest issues as our cooker, fridge and pantry all rest against the kitchen wall to this side and there is the extractor fan towards the roof right next to this wall.

We've written to the owner yesterday (who doesn't live there btw) and he wrote back today that he's happy to give us entry to his grounds to block off the sides of the hording on top of the wall.

I just wanted to check how this is legally - shouldn't that be his responsibility?

We've got a party wall agreement and it doesn't say much in that regard. We've had loads of trouble with this neighbour in the past and said wall was disputed, but a surveyor decided that it was his property. Surely he now has to take care that there is no nesting of pest on top of it?

I've tried to speak to the council in regards to pest control issues re our neighbour in the past and it was extremely difficult to speak to someone to discuss a matter.

Has anyone any experience or knowledge in this matter?

Many thanks!