Dáil Éireann Debate, Tuesday - 11 February 2014
403. Deputy Derek Nolan asked the Minister for the Environment, Community and Local Government his plans to develop a policy for local authorities on tree height restrictions, particularly in view of the recent extreme weather conditions; and if he will make a statement on the matter. [6691/14]
View answerI have no plans to develop legislation or guidelines for local authorities in this regard at present. Planning legislation places no specific restrictions on the height of trees. Complaints relating to matters such as trees or shrubs overhanging a property are normally addressed, where necessary, under civil law between the parties concerned.
I understand that Section 70 of the Roads Act, 1993 obliges the owner or occupier of land to take all reasonable steps to ensure that trees on the land are not a hazard or potential hazard to road users and that they do not obstruct or interfere with the safe use of, or maintenance of a public road. The relevant road authority may serve a notice on the owner or occupier of the land requiring the preservation, felling, cutting, lopping, trimming or removal within a specified period of any tree which is a hazard or potential hazard to road users and road safety.
I also understand that under Section 58 of the Communications Regulation Act 2002 (No 20/2002), a network operator or any person authorised by the operator may lop or cut any tree, shrub or hedge which obstructs or interferes with any physical infrastructure of the network operator.
