Trevor Sargent
Question:203 Mr. Sargent asked the Minister for the Environment the protection afforded to roadside trees. [24666/96]
Written Answers. - Protection of Roadside Trees.
The making of a Tree Preservation Order — TPO — is the primary mechanism available to a planning authority in relation to tree preservation and protection. The law on the matter is contained in section 45 of the Local Government (Planning and Development) Act, 1963, as amended. In the preparation of their development plans and in their assessment of particular planning applications, planning authorities can also include objectives or conditions, as appropriate, which will afford protection to trees. Guidelines for planning authorities on tree preservation were issued by my Department in March 1994 and are available in the Oireachtas Library. Section 70 of the Roads Act, 1993 places a statutory obligation on landowners and occupiers to ensure that roadside structures, trees, shrubs etc. do not present a danger to road users. Road authorities can take action where they consider a hazard exists.