COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF RATHFARNHAM / TEMPLEOGUE / FIRHOUSE / BOHERNABREENA AREA COMMITTEE
Tuesday, April 12, 2022
HEADED ITEM NO. 11
Tree Preservation Orders
REPORT:
Background
The Planning Authority has received 5no. requests by motion from the Rathfarnham Terenure Firhouse Bohernabreena Area Committee Meeting. This headed item report is to outline the consideration of the Planning Authority on these sites and provide a recommendation.
1. Boden Park
Submitted By: Councillor Yvonne Collins Item ID: 74041
That the Chief Executive considers a TPO in the interests of amenity and the environment to protect a native oak tree about 80/100 ft in height and a a Lawson Cypress (I think) about 100ft high as per the attached photographs. These trees overlook the Owendoher river near Boden Park as per the map attached.
2. Limekiln Road
Submitted By: Councillor Yvonne Collins Item ID: 74042
That the Chief Executive considers a Tree Preservation Order in the interests of amenity and the environment to protect the trees on Limekiln Road
3. Ownedoher River
Submitted By: Councillor Yvonne Collins Item ID: 73514
That the Chief Executive considers a Tree Preservation Order, in the interests of amenity and the environment, to protect the trees along the banks of the Owendoher River in Rathfarnham, particularly from Willowbank to Glenbrook
4. Moyville
Submitted By: Councillor Alan Edge Item ID: 73112
That this Area Committee requests the planning department to evaluate the group of mature oak trees in Dolly's Field, Moyville, Rathfarnham for suitability for a Tree Preservation Order pursuant to Planning & Development Act 2000, s205, on the basis that it is in the interests of amenity & the environment that these trees be preserved.
5. Scholarstown Park / Dargle Wood
Submitted By: Councillor Yvonne Collins Item ID: 72046Application for Tree Preservation Order on behalf of residents in Scholarstown Park and Darglewood in Rathfarnham, I would like to apply for a Tree Preservation Order in relation to the chestnut tree on the green between Scholarstown Park and Darglewood, as per the attached photographs. This tree has been here for many years, it is cherished by the residents and adds greatly to the area in terms of its amenity value, aesthetics and from the point of view of biodiversity. There has been so much building in the area lately with the associated loss of trees and hedgerows which can only have an adverse knock on effect on our local environment. The residents are keen to protect and preserve this tree. I support the residents in this and would ask that it be made the subject of a Tree Preservation Order.
Location Maps
Following the text in the motions, location maps were prepared to inform the TPO considerations. These maps are attached to the response.
Relevant Legislation and Policy Context
• Planning and Development Act 2000 (as amended)
• Living with Trees SDCC Tree Management Policy 2021 - 2026
• South Dublin County Council Development Plan 2016 -2022
• Draft South Dublin County Development Plan 2022 -2028
Extract of Planning and Development Act 2000 (as amended) - Section 205 Tree Preservation Orders
205.—(1) If it appears to the planning authority 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.
(2) Without prejudice to the generality of subsection (1), an order under this section may—
( a) prohibit (subject to any conditions or exemptions for which provision may be made by the order) the cutting down, topping, lopping or wilful destruction of trees, and
( b) require 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.
Section 205(10) outlines that the any person who contravenes an order shall be guilty of an offence.
Section 205 (11) outlines some of the limitations of a TPO, namely that no such order 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 enactment or so far as may be necessary for the prevention or abatement of a nuisance or hazard.
Living with Trees SDCC Tree Management Policy 2021 - 2026
The Tree Management policy for SDCC was reviewed through the course of 2021 with a new policy drawn up for the period 2021 to 2026. It was presented, discussed and noted under Headed item 13 on the agenda of the December 2021 Council meeting.
The Tree Management Policy provides a framework to inform and support decisions made by the Council on the management and development of a sustainable urban forest in the County. The Policy is a point of reference for the public, Councillors, Council staff and professionally interested people to enable informed discussion and to establish a clearer, consistent, and more structured approach to the issues affecting
trees. This allows for a pro-active and systematic approach to tree management, resulting in a healthier tree population and a greener, more sustainable environment for residents and visitors to the County.
The overall aims of the Tree Management Policy are to ensure the safety of Council trees, maintain and encourage biodiversity, maintain and improve landscape quality, and through these elements, improve the quality of life for residents and visitors to South Dublin now and in the future. We will achieve this by:
• ensuring that the Council has a clear programme of tree maintenance, management and planting;
• maintaining and improving the tree canopy cover for the future;
• appropriate siting and species selections f or all new trees;
• promoting the importance of trees in shaping the distinctive local character and appearance of South Dublin’s urban landscape; recognising the significant aesthetic, landmark, ecological, social and economic value that trees provide;
• effectively communicating, educating and engaging with the local community on trees and their importance;
• allocating sufficient resources to allow for best practice tree management
• providing clarity over why decisions and actions ar e taken;
• balancing the risk and nuisanc e to persons and property against the other aims; and recognising the value of trees as a tangible asset.
Policy: The Council will wherever possible try to avoid removing a tree or undertaking unnecessary pruning works where there is no good arboriculture reason. It has a duty to manage the tree population for the benefit of the wider community and in accordance with good arboriculture practices
Policy: The Council may seek to prosecute anyone found to be carrying out unauthorised work or causing damage to its trees without permission and where appropriate apply the maximum penalty.
Action: Review existing Tree Preservation Orders
South Dublin County Development Plan 2016 - 2022
HCL15 Objective 3:
To protect existing trees, hedgerows, and woodlands which are of amenity or biodiversity value and/ or contribute to landscape character and ensure that proper provision is made for their protection and management in accordance with Living with Trees: South Dublin County Council’s Tree Management Policy 2015-2020.
HCL 17
It is the policy of the Council to review the number of Tree Preservation Orders within the County and maintain the conservation value of trees and groups of trees that are the subject of a Tree Preservation Order.
IE1 Objective 6:
To protect the natural resources of the County which are the foundation for the Green Infrastructure network and a basis for growth and competitive advantage in the tourism, food and fisheries sectors.
G1 Objective 1:
To establish a coherent, integrated and evolving Green Infrastructure network across South Dublin County with parks, open spaces, hedgerows, grasslands, protected areas, and rivers and streams forming the strategic links and to integrate the objectives of the Green Infrastructure Strategy throughout all relevant Council plans, such as Local Area Plans and other approved plans.
G2 Objective 3:
To restrict development that would fragment or prejudice the Green Infrastructure network.
G2 Objective 2:
To protect and enhance the biodiversity value and ecological function of the Green Infrastructure network.
G6 Objective 1:
To protect and enhance existing ecological features including tree stands, woodlands, hedgerows and watercourses in all new developments as an essential part of the design process.
Green Infrastructure 2 Objective 9:
To preserve, protect and augment trees, groups of trees, woodlands and hedgerows within the County. We will do this by increasing tree canopy coverage using locally native species and by incorporating them within design proposals and supporting their integration into the Green Infrastructure network.
Climate Change Action Plan 2019 – 2024
The importance of Trees to our County can also be identified within this policy with multiple actions identified as contributing factors under the titles of ‘Tree Management’ and Conservation and Preservation’ within the ‘Nature Based Solutions’ section. (N12-N19 Tree Management, N20 Conservation and Preservation)
South Dublin County Council Corporate Plan (2020 – 2024)
Objective 2: Improve the visual appearance of our County in the interest of economic and
social development.
Objective 3: Support a Green infrastructure network across the county to provide a shared
space for amenity, recreation, biodiversity protection, flood management and adaptation to climate change.
Draft South Dublin County Development Plan 2022 -2028
The Draft South Dublin County Development Plan 2022 -208 was published in July 2021 following consideration by the Elected Members. The following extracts of policies and objectives are considered relevant.
Policy GI1: Overarching
Protect, enhance and further develop a multifunctional GI network, using an ecosystem services approach, protecting, enhancing and further developing the identified interconnected network of parks, open spaces, natural features, protected areas, and rivers and streams that provide a shared space for amenity and recreation, biodiversity protection, water quality, flood management and adaptation to climate change.
GI1 Objective 1:
To establish a coherent, integrated and evolving GI Network across South Dublin County with parks, open spaces, hedgerows, trees including public
street trees and native mini woodlands (Miyawaki-Style), grasslands, protected areas and rivers and streams and other green and blue assets forming strategic links and to integrate and incorporate the objectives of the GI Strategy throughout all relevant land use plans and development in the County.
GI1 Objective 7:
To develop linked corridors of small urban ‘Miyawaki’ native mini-woodlands, a minimum of 100sqm in size, to capture carbon and encourage biodiversity in suitable existing built-up areas, in low grade parkland, and other areas of zoned lands where deemed suitable and appropriate.
GI1 Objective 8:
To increase over the lifetime of this plan the percentage of land in the County, including residential, managed for biodiversity including supporting the
delivery of the objectives of the County Pollinator Plan and to continue to investigate the potential for the use of low-mow methods during the lifetime of the Plan.
GI5 Objective 3:
To ensure compliance with the South Dublin Climate Change Action Plan and the provisions of the Council’s Tree Management Strategy.
• Increase the County’s tree canopy cover by promoting annual planting, maintenance preservation and enhancement of trees, woodlands and
hedgerows within the County using locally native species and supporting their integration into new development.
• Identify suitable sites for new urban trees including Miyawaki style mini woodlands, where feasible.
• Support the implementation of a co-ordinated regional approach to the maintenance of trees and support the work of the Regional Steering Group
on Tree Management to which South Dublin County Council is a participant.
• Promote the establishment of tree trails in public parks across the County.
• Promote the planting of new woodlands and forestry within appropriate open space and park locations within the County.
• To plant “pocket forests” in tracts of open grassland to act as an oasis for biodiversity.
• The Council recognises the value of mature trees in terms of carbon sequestration and amenity over saplings.
GI5 Objective 6:
To provide more tree cover across the county, in particular to areas that are lacking trees.
COS5 Objective 8:
To ensure the design of parks and public open space areas is of high quality; to provide a pleasant setting, accommodate use by people of all ages and abilities, to support life-long activity and good health and well-being by the provision of a balanced mix of active and passive recreation and access to, or view of, nature, ensuring that the design considers:
- provision of an appropriate mix of hard and soft surfaced areas;
- enhancement of biodiversity and existing trees and hedgerows;
- incorporation of water courses, other natural features and existing built heritage into the design of parks and open spaces as appropriate;
- provision of new planting, landscape features and appropriate site furniture including a variety of accessible, well located and designed seating.
SM5 Objective 5:
To design new roads and streets to incorporate green infrastructure elements such as planting of native trees, hedgerows and pollinator species in medians and on roadside verges, as appropriate to the location
Policy NCBH11: Tree Preservation Orders and Other Tree Protections
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.
NCBH11 Objective 2:
To regularly evaluate and identify trees of amenity value within the County with a view to making them the subject of Tree Preservation Orders or otherwise protecting them and further, to furnish information to the public in this regard.
NCBH11 Objective 3:
To protect and retain existing trees, hedgerows, and woodlands which are of amenity and/or biodiversity and/or carbon sequestration value and/or
contribute to landscape character and ensure that proper provision is made for their protection and management taking into account Living with Trees: South Dublin County Council’s Tree Management Policy (2015-2020) or any superseding document and to ensure that where retention is not possible that a high value biodiversity provision is secured as part of the phasing of any development to protect the amenity of the area.
Chief Executive Response
The EWCC and LUPT Departments have reviewed and carefully considered the proposals for TPOs from the members at the ACM. The value and quality of trees subject to the requests are noted and not disputed. An Arborist report was commissioned for 2 sites and confirmed the Parks staff view that the trees are in good condition. However, the consideration of the merit of a TPO extends beyond the condition of the tree.
The Draft South Dublin County Development Plan 2022 – 2028 and the Living with Trees SDCC Tree Management Policy 2021 - 2026 both state and emphasis the value of trees.
The Living with Trees SDCC Tree Management Policy 2021 -2026 states that trees contribute greatly to visual amenity by creating a setting for buildings and softening and greening streetscapes in built-up areas and by adding significant visual interest in more rural areas. Hedgerows often mark historic field patterns and townland boundaries and significantly enhance the landscape character of rural areas. Trees and hedgerows also perform a vital role as wildlife habitats, biodiversity corridors and essential green elements in the County’s green infrastructure network. They have a further crucial role in carbon sequestration (capturing and storing carbon), contributing to the alleviation of climate change.
Additionally, the Draft Development Plan states that trees and landscaping are important for climate amelioration and maintaining a healthy environment. Wooded areas have a carbon absorption rate that is approximately three times that of areas covered in grassland. Trees absorb carbon as they grow, and woods and forests provide long-term carbon reduction benefits. Planting in urban areas, at the source of many atmospheric pollutants, can filter out those pollutants, reduce water run-off, improve water quality, reduce noise and provide shading to help reduce urban heat island effects. The planting of trees is one of the most cost-effective methods of carbon capture and storage. Trees and the retention of mature trees can be an asset to a new development.
Further to the value of trees being comprehensively integrated into the Living with Trees and the Draft Development Plan 2022 -2028, the Corporate Plan and the Climate Action Plan have objectives and actions in relation to protection of trees.
Section 205 of the Act states that ‘If it appears to the planning authority 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.’
The term expedient is not defined in the Planning and Development Act 2000 (as amended). The Planning Authority considers that practical and necessary is a reasonable interpretation of the term expedient.
At present, there are 4 TPOs in South Dublin County Council and they are listed in the South Dublin County Council Development Plan 2016 -2022
Table 9.5 Tree Preservation Orders
• Dublin County Council (St. Brigid’s Clondalkin) Tree Preservation Order 1973 at St. Brigid’s (now Newlands Garden
• Centre), New Road, Clondalkin
• Dublin County Council Tree Preservation Order (Beaufort Downs, Rathfarnham) Order 1987 at Beaufort Downs, Rathfarnham
• Dublin County Council Tree Preservation (Quarryvale, Brooklawn) (Liffey Valley No.1) Order 1990 at Townland of Quarryvale and Brooklawn, Palmerstown
• South Dublin County Council (Coolamber Site) Tree Preservation Order 2015 at Newcastle Road, Lucan
It is noted that SDCC has created 1 TPO in the last 22 years. In the Development Plan, it is a policy of the Council in the Development to review the number of Tree Preservation Orders within the County and maintain the conservation value of trees and groups of trees that are the subject of a Tree Preservation Order. This review of the existing TPOs and the merit of same has not been carried out to date.
The subject trees from various motions are located on either Council owned sites or within private ownership. The management and protection of trees on potential development sites and on Council owned lands is strongly outlined in the recently prepared Draft County Development Plan and the Living with Tree SDCC Tree Management Policy 2021 -2026. The protection of all existing trees in the County on potential development sites is carried out through the assessment of planning proposals (planning applications, Part 10s and Part 8s). Protection and management of all existing trees on Council lands in the public realm will be carried in accordance with the Living with Trees SDCC Tree Management Policy 2021 -2026.
The Planning Authority has concerns in relation to commencing statutory Tree Preservation Orders at this time and the potential diluting and undermining of the value/ strength of the policies, objectives and actions in the new Living with Trees (2021) and Draft County Development Plan (2022) policies.
In conclusion, given the recency of the Living with Trees, Corporate Plan, Climate Action Plan and the ongoing Development Plan process, the Planning Authority considers that the proposed TPOs are not necessary or practical at this time and concludes that the proposed TPOs are not expedient in the context of Section 205 of the Planning and Development Act 2000 (as amended).
In addition, the Chief Executive considers that, whilst the value of the trees in the proposed TPOs are acknowledged, reasons for the initiation of TPOs on these sites are not apparent. It is noted that Section 205 requires stated reasons for the purpose of a TPO.
During the proposed review to be carried out in accordance the Policy NCBH11: Tree Preservation Orders and Other Tree Protections in the Draft County Development Plan; it is proposed that SDCC include an assessment of the effectiveness of tree protection measures available including measures implemented in other counties and incorporate additional measures that are decided to be required and most effective in that regard.