Dáil Éireann Debate, Wednesday - 6 April 2016
752. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government the rights of a person who believes that trees growing on a neighbour's private property represent a danger to that person's personal safety and to that person's property; if he plans to introduce legislation to address this issue; and if he will make a statement on the matter. [5561/16]
Amharc ar fhreagraPlanning legislation places no specific restrictions on the height of trees, nor does it make any particular provision for remedy from any other nuisance which may be caused by trees in an urban residential area. However there is currently a civil remedy available concerning branches or roots of neighbouring trees encroaching on a person’s property.
The previous Minister of State for Housing and Planning wrote to the Minister for Justice in June 2012 to explore the possibility of providing a broader civil law remedy for parties affected by high trees and hedges on adjoining properties. In this regard, advice was sought on the possibility of legislative provision being made whereby a person substantially deprived of the enjoyment of their property, such as the deprivation of light caused by high trees on a neighbouring property, could apply to the Courts for an order, and that the Courts could make an order as they see fit, e.g. to cut the trees back to an appropriate height. Safety considerations relating to overhanging trees could also potentially be addressed in any such provisions.
The Minister for Justice responded in July 2012 suggesting that disputes of this nature between neighbours could perhaps be more appropriately dealt with through mediation – which is being increasingly used internationally as a tool for the resolution of civil disputes - rather than through the Courts. In this regard, I understand that the Department of Justice is giving consideration to a Mediation Bill which would assist in speeding up the resolution of civil disputes of this nature, reduce legal costs and ameliorate the stress of contested court proceedings.
