Dáil Éireann debate -
Tuesday, 5 Mar 1991

Vol. 405 No. 9

Written Answers. - Roadside Trees Survey.

Bernard Allen

Question:

170 Mr. Allen asked the Minister for the Environment if he will ensure that the local authorities will carry out a survey of roadside trees in each of their areas with a view to removing old, diseased or dead trees in order to avoid the number of fatalities that are occurring each year therefrom.

Minister for the Environment (Mr. Flynn):

The responsibility of local authorities for the maintenance of public roads includes the duty both to prevent danger to road users and to clear roads of obstructions. Accordingly, local authorities are obliged to remove any fallen trees that is an obstruction to traffic using public road and also to ensure that trees growing on road margins or other land under their control are not a danger to road users. It is a matter for each local authority to arrange inspections of such trees.

Local authorities also have specific powers under section 34 of the Local Government Act, 1925, to request a landowner or occupier to cut or trim trees which may cause obstruction to a road or cause danger by obstructing the view of persons using the road. There is a right of appeal to the District Court for an order annulling such a request. The section also includes a provision enabling a local authority to seek an order of the District Court empowering it to carry out such trimming or cutting of trees and to recover the cost where the landowner or occupier refuses to do such works despite a District Court order requiring him to do so.

My Department recently re-issued comprehensive advice to local authorities on roadside trees. This reminded them of their statutory powers and in particular asked them to bring to the notice of landowners any trees which they considered to be dangerous.