A HIGH Court judge has ordered a Hampshire couple to dispose of 100 tropical birds - or take the consequences.

Mr Justice Hart issued the warning to Anthony Ward and Sarah Moore yesterday after finding them in contempt of court for failing to end a noise nuisance created by their exotic pets.

The couple escaped the threat of a jail term but were told to sell the birds as soon as possible or face further action.

Three months ago another High Court judge gave them five weeks to dispose of 250 macaws, kookaburras and parakeets after hearing that neighbours had complained about the constant screeching and squawking.

The court was told that 100 of the birds were still being kept at the couple's home at Highfield Close, Sway.

Gary Lucie, representing the district council, said the couple had breached planning enforcement regulations by failing to remove aviaries from their back garden.

But Mr Michael Norman QC, for the couple, said most of the birds had been moved to a brick annexe, which effectively contained the noise.

Mr Justice Hart declined to impose a prison term, saying Mr Ward and Ms Moore had not deliberately set out to defy the court.

The judge said they had both belatedly made efforts to comply with the previous court order.

But he told the couple: "Unless the 100 birds that represent the core of the original collection are removed as soon as possible, you will find yourselves still in contempt of court and exposed to a future application."

After the case, noise protester Edward Spreadbury, of Durrant Way, Sway, said he was "disappointed" at the outcome of the hearing.

"The birds are still there and we are still getting the noise, although not as much as we used to," he said.

"We've now had three summers with birds making a noise until 10.30pm and then starting again at 4am the next day. We are entitled to a decent night's sleep and we're not getting it."

A council spokesman said: "The judge didn't send them to prison because they had made some effort to comply with the previous court order.

"But he ordered them to comply as soon as practicable and the council will continue to monitor the situation.

"We're obviously unhappy that it's taking the couple so long and will pursue them further if they do not comply as soon as possible."

Rodney Lee, of Durrant Way, said: "I'm relieved that we will be rid of the whole thing. For three years we have had to put up with unacceptable noise."

Mr Ward and Ms Moore were unavailable for comment.