Dáil Éireann Debate, Wednesday - 26 July 2017
1652. Deputy Michael McGrath asked the Minister for Housing, Planning, Community and Local Government the statutory powers local authorities have in a situation in which a private homeowner is genuinely concerned that trees growing on a neighbour's property are dangerous; and if he will make a statement on the matter. [35750/17]
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 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 has recently published the Mediation Bill 2017, which is currently proceeding through the Houses of the Oireachtas.
