COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, November 11, 2013

MOTION NO. 6

MOTION: Councillor C. Bond

That this Council Introduce a bye law to restrict the growth of trees in front gardens.

REPORT:

The making of Bye-laws is set out in Part 19 of the Local Government Act 2001. Specifically, Section 199 sets out the power of Local Authorities to make Bye-laws while Section 200 sets out the process. A local authority may make a bye-law for, or in relation to, the use, operation, protection, regulation or management of any land, services, or any other matter provided by or under the control or management of the local authority, whether within or without its functional area or in relation to any connected matter.

Private front gardens are not under the control or management of the Local Authority and are therefore a matter for private residents. Those Owners/Occupiers of lands on which any structure/tree/hedge is situate, are required under the Roads Act 1993 to take all reasonable steps to ensure that same are not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road.

The Tree Council of Ireland provide information and advice to householders on the legal aspects of private tree ownership and management.