Dáil Éireann díospóireacht -
Tuesday, 25 Jun 1996

Vol. 467 No. 4

Written Answers. - Tree Protection Orders.

Seamus Brennan

Ceist:

146 Mr. S. Brennan asked the Minister for the Environment the plans, if any, he has to review legislation and procedures relating to tree protection orders; if he has satisfied himself that there is transparency in dealing with felling applications, comparable to the normal planning process of public notification, with provision for objections to the Planning Authority and a right of appeal to An Bord Pleanála; and if he will make a statement on the matter. [13494/96]

Minister for the Environment (Mr. Howlin)

The law relating to the making of a Tree Preservation Order is contained in section 45 of the Local Government (Planning and Development) Act, 1963, as amended, and there are no proposals at present to review or revise the provisions involved.

The felling of a tree does not normally constitute development and does not require planning permission. However, where a TPO is made, a planning authority may apply all the development control provisions of the planning Acts to applications for consent to fell a tree covered by the order. Guidelines issued by my Department in March 1994 advise local authorities that provisions relating to public notice, objections and appeals should be included in all TPOs. A copy of the guidelines is available in the Oireachtas Library.