While the planning acts confer extensive powers on local authorities to preserve trees their use is discretionary. The primary mechanism available to a planning authority in relation to tree preservation and protection is its discretionary power to make a tree preservation order, under section 45 of the Local Government (Planning and Development) Act, 1963, as amended. Planning authorities may also include objectives which will afford protection to trees in their development plans, and, when granting planning permission, they can impose conditions requiring developers to preserve particular trees. My Department issued comprehensive guidelines for planning authorities concerning the use of tree preservation orders in March 1994 which reminded planning authorities of the important role they play in preserving trees of amenity value in their area.
In the current review of planning legislation the existing provisions in the planning code regarding tree preservation orders are being examined with a view to updating and simplifying the procedures used to make these orders.