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Forestry Sector

Dáil Éireann Debate, Thursday - 5 May 2022

Thursday, 5 May 2022

Questions (255)

Mattie McGrath

Question:

255. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine if it is the case that where tree felling is exempt from a licence, under s.19 of the Forestry Act 2014, whether or not this tree felling requires planning permission; and if he will make a statement on the matter. [22379/22]

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Written answers

There are certain instances where the felling of a tree is exempted from the need to obtain a tree felling licence. Section 19 of the Forestry Act 2014 details the instances where the felling of a tree is exempted. It is important to note that, while some trees are exempted from the need to obtain a tree felling licence, the Forest Service must be notified that felling is to take place and it will decide if the trees in question are exempted. These scenarios in the Forestry Act 2014 are identified by the use of the text “in the opinion of the Minister”. Some scenarios where the felling of trees is exempted and the Minister does not need to be notified are detailed on the Department's website gov.ie - Tree Felling Licences (www.gov.ie)

Note that under the Planning and Development Acts 2000 to 2011 the Local Authorities have a mandatory responsibility to include objectives in the Development Plan relating to the preserving of amenities. This empowers the planning authority to make provision for tree preservation by establishing a Tree Preservation Order (TPO). No tree covered by a TPO may be felled, topped, lopped or destroyed without the consent of the planning authority.

None of the exemptions granted under Section 19 of the Forestry Act 2014 serve to remove any restriction on the felling or removal of trees under the Planning and Development Acts 2000 to 2013 or  any other enactment.

My Department's Forestry related Circular 5 of 2021 (re Clarification regarding Ash dieback scheme and planning permission), which I attach, outlines the advice my Department received from the Department of Housing, Planning and Local Government in relation to the “replacement of Broadleaf High Forest with conifer species”.  The Circular outlined the situations where planning permission from the Local Authority is required when replacing Broadleaf High Forest with Conifer species and when planning permission is not required. My Department is continuing to engage with the Department of Housing Local Government and Heritage (DHLGH), with the objective of removing the planning permission requirement for these cases. 

My Department's Forestry Licensing Plan 2022 was published earlier this year and deals with projected licensing output and approvals for support schemes.  A key target of the plan is to refocus on the delivery on approvals from the Reconstitution and Underplanting Scheme (RUS) (Ash Dieback). My Department is continuing to engage with the Department of Housing Local Government and Heritage (DHLGH), with the objective of removing the planning permission requirement for these cases. 

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