COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 13, 2020

QUESTION NO. 21

QUESTION: Councillor F. Timmons

To ask the Chief Executive for a report into how a Tree Preservation Order can be raised by a Councillor and also how a Councillor can get it into the County Development Plan?

REPLY:

Section 205 of the Planning & Development Act 2000 outlines the legal framework and procedures to make a Tree Preservation Order.

A Planning Authority can make such order where it appears to it that it is expedient, in the interests of amenity or the environment, to make provision for the preservation of any tree, trees, group of trees or woodlands, it may, for that purpose and for stated reasons, make an order with respect to any such tree, trees, group of trees or woodlands as may be specified in the order.

Such order may prevent cutting down, topping, lopping or wilful destruction of trees without the specific consent of the local authority and requires the owner and occupier of the land affected by the order to enter into an agreement with the planning authority to ensure the proper management of any trees, group of trees or woodlands (including the replanting of trees), subject to the planning authority providing assistance, including financial assistance, towards such management as may be agreed.

Where it is proposed to make a TPO the Planning Authority must serve a notice of its intention to do so on the owner and occupier of the land affected by the proposed order, and must also publlish a notice of the proposed order in newspaper circulating in the functional area.

There is a formal public consultation process after which the Council may by resolution as it considers appropriate, make the order, with or without modifications, or refuse to make the order, and any person on whom notice has been served under subsection (3) shall be notified accordingly.

Particulars of an order under this section are entered in the statutory register.

There are currently four TPO's in the County and this are referenced and mapped in the County Development Plan.

Where the Council agrees new TPO's, to revoke an order, or make amendments to existing TPO's, theses changes would then be listed and mapped in the County Development Plan.

It should be noted that no such TPO shall apply to the cutting down, topping or lopping of trees which are dying or dead or have become dangerous, or the cutting down, topping or lopping of any trees in compliance with any obligation imposed by or under any act, or, for the prevention or abatement of a nuisance or hazard.