Dáil Éireann Debate, Tuesday - 14 October 2014
343. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government whether a local authority may force a land owner to cut a large tree that is hanging over a private house (details supplied); the legislation that exists in this area; his plans for legislation in this area; and if he will make a statement on the matter. [39232/14]
Amharc ar fhreagraThere is currently a civil remedy available concerning branches or roots of neighbouring trees encroaching on a person’s property.
I will, however, give consideration to the issue of trees acutely impacting on neighbouring properties in the context of the forthcoming review of legislation in this area. My Department is examining a number of legislative options in this regard which will be taken into account in that context.
In relation to dangerous trees, I understand that Section 70 of the Roads Act, 1993 – which is under the remit of my colleague, the Minister for Transport, Tourism and Sport - obliges the owner or occupier of land to take all reasonable steps to ensure that trees on and 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 time 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 – which is under the remit of my colleague, the Minister for Communications, Energy and Natural Resources - 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.
