COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN/PALMERSTOWN/FONTHILL AREA COMMITTEE

Tuesday, June 23, 2020

MOTION NO. 24

MOTION: Councillor L. Kinsella-Colman

That the Chief Executive bring forward a report to this Area Committee for discussion on how severely over grown trees on private land are impacting on the health and well being of council tenants.

REPORT:

Section 6.12  of The Council's Tree Management Policy - Living with Trees deals with  trees overhanging private property from neighbouring private property.

It states "If a tree is growing on privately owned land, then the maintenance rests entirely with the landowner. Wherever possible however, we would advise that the best way to resolve problems with trees or hedges growing in adjacent properties, is for property owners to talk to their neighbours and to try to come to an amicable agreement. The interactions between neighbours on such issues are private matters and are best dealt with by the parties concerned through discussion, mediation or ultimately through civil procedures."

Owners of trees and woodlands have a statutory duty under the Occupiers Liability Act 1995 and the Roads Act 1993 to maintain their trees to ensure they are not dangerous or in a hazardous condition and that they do not pose a threat to the public.

Section 70 of the Roads Act 1993 obliges landowners and occupiers of land to take all reasonable care to ensure that the trees, hedges and other vegetation growing on their land are not, or could not become, a danger to people using or working on a public road. Examples of hazards might include dead or dangerous trees, or trees and hedges overhanging roads, blocking footpaths or obscuring road signs or sight lines i.e. the view of the road ahead. Under this section, the Council can serve a written notice on a landowner or occupier requiring the carrying out of specified works within a period of time stated in the notice to ensure the safety of those using or working on a public road. An owner or occupier who fails to comply with a notice under this section shall be guilty of an offence and the Council may take the action specified in the notice or such other action as it thinks fit, including prosecution. Where the Council considers that a tree, shrub, hedge or other vegetation presents an immediate and serious hazard to persons using a public road, it may take immediate action to reduce or remove the hazard and seek the costs from landowners where the Council have to carry out the work.