COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF DEVELOPMENT PLAN MEETING
Thursday, June 17, 2021
MOTION NO. 175
MOTION: Councillor P. Gogarty, Councillor G. Kenny, Councillor L. O'Toole
To add in the following TPOs: Total of 13 trees (marked on the plans as hedge 6 & 7) located between Somerton Development and Fairways as mapped out in the attached document:
REPORT:
Provision for the making of Tree Preservation Orders is set out under section 205 of the Planning and Development Acts. It is a completely separate procedure to the making of a Development Plan and TPOs cannot be made under the Development Plan. It is also considered that to make a TPO requires an expert assessment of the trees being proposed, such an assessment has not been carried out and would be part of any review of TPOs. Therefore, the proposed motion is not a matter for the Development Plan until such time as it may be made and added to the list of TPOs made.
For convenience to applicants for planning permission and other stakeholders, a list of TPOs already made is included in the Heritage Chapter of the Plan.
It is considered that Policy NCBH 11 and Objective NCBH 11 Objective 1 sufficiently deal with TPOs on a county wide basis as follows:
Policy NCBH 11 – Review Tree Preservation Orders (TPO) within the County and maintain the conservation value of trees and groups of trees that are the subject of a Tree Preservation Order while also recognising the value of and protecting trees and hedgerows which are not subject to a TPO
and
NCBH 11 Objective 1 – To review Tree Preservation Orders within the County and maintain the conservation value of trees and groups of trees that are the subject of any Tree Preservation Order.
It is proposed to amend NCBH 11 Objective 1 to make clear that opportunity will exist in the review of TPOs for further consultation.
Recommendation: It is recommended that the motion is not adopted.