Planning Issues

Dáil Éireann Debate, Tuesday - 4 March 2014

Tuesday, 4 March 2014

Questions (270)

Jonathan O'Brien

Question:

270. Deputy Jonathan O'Brien asked the Minister for the Environment, Community and Local Government if local authorities or An Bord Pleanála have any powers under existing legislation to compel developers to refrain from knocking trees in the process of developing; if failure to comply with such an order given by a local authority or An Bord Pleanála constitutes a breach of planning legislation; the penalties that would attach to such a breach; and if a developer can be compelled to restore trees knocked in contravention of such an order. [10489/14]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

A planning authority, or An Bord Pleanala in the case of strategic infrastructure development, may, when granting planning permission, place conditions on the grant which may include the protection of trees on the site which is the subject of the permission. In order to protect certain trees, the local authority may, by resolution, make a tree preservation order under section 205 of the Planning and Development Act, 2000 (as amended). Failure to comply with the conditions of a planning permission or a tree preservation order are prosecutable offences which can, on summary conviction, result in a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months, or both. There is no provision in the Planning and Development Act 2000 whereby a developer can be compelled to restore trees knocked in contravention of a planning permission or a tree preservation order.

Question No. 271 answered with Question No. 261.

Question No. 272 answered with Question No. 256.

Question No. 273 answered with Question No. 257.