asked the Minister for the Environment if he is aware of the continued widespread concern in the Shankill area of County Dublin in regard to the felling of young and mature trees arising from a construction development; the action, if any, which has been taken to strengthen the application of the official tree preservation order; and if he has made any progress in relation to the improvement of the laws in that regard.
Written Answers. - Shankill (Dublin) Tree Felling.
559.
I take it that the Deputy is referring to the felling of trees at Dorney Court, Shankill, as part of the development of land for housing. The planning permission for this development permitted the removal of certain trees and contained conditions requiring tree surveys, measures to protect the trees being retained from possible damage during building operations, and the planting of new trees. The permission also provided for approximately 3.8 acres of open space in an area which contains a substantial number of the mature trees.
I have been advised by Dublin County Council that in monitoring the application of the conditions relating to trees, they became aware recently that some 12 trees on the site had been felled without consent under the terms of the planning permission or under a tree preservation order which relates to the area. The county council immediately instituted proceedings in the High Court against the developer under section 27 of the Local Government (Planning and Development) Act, 1976, and secured an injunction on 10 December 1984. I understand that the court's order (a) requires that no trees on the site be felled without the consent of the planning authority, and (b) in relation to a site for which a separate permission was given for the erection of a single house, that no further development was to be carried out under that permission. The effect of the court order is to reinforce the conditions of the relevant planning permission in relation to the preservation of trees and the consent procedures under the tree preservation order.
The issue of guidelines to planning authorities in relation to tree preservation is at present under consideration in my Department and the possibility of improving the law in that regard is being kept under review.