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Dáil Éireann debate -
Tuesday, 24 May 1988

Vol. 380 No. 10

Written Answers. - Dangerous Trees.

126.

asked the Minister for the Environment if he intends to amend present legislation in order to empower local authorities to direct owners of land adjoining a public highway to make safe, by felling or otherwise, trees that may, in the opinion of that local authority, constitute a danger to road users.

In cases where trees or hedges are growing on private property, it is a matter in the first instance for the landowner concerned to arrange for the trimming or cutting of such hedges or trees. However, where roadside trees growing on private property are considered to be a hazard to road users, local authorities have been instructed by my Department to notify the owners or occupiers of the lands where such trees are located and to invite their co-operation in dealing with the problem.

Local authorities have specific powers under section 34 of the Local Government Act, 1925, to request the cutting or trimming by landowners or occupiers of trees or hedges on private property which cause obstruction to road users or danger by obstructing the view of road users. The section also includes a provision enabling a local authority to seek an order of the District Court empowering them to carry out such trimming or cutting of trees and to recover the cost where the landowner or occupier had refused to do such works despite a District Court order requiring him to do so. The exercise of these powers is wholly within the competence of local authorities.

While the existing arrangements appear to be adequate I will keep the matter under review.

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