COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN / PALMERSTOWN / NORTH CLONDALKIN AREA COMMITTEE

Tuesday, September 26, 2023

MOTION NO. 10

MOTION: Councillor P. Gogarty

That the Council clarifies its policy on the clearing of footpaths and cycleways blocked by vegetation and explains why it appears to have done nothing for months in areas such as Lucan with the public realm access routes being blocked off to walkers, cyclists, buggies and wheelchairs for weeks on end, forcing cyclists/pedestrians into each others' paths or onto verges or roads, because, notwithstanding the moratorium on some clearances due to the nesting season, there are circumstances which allow action on public safety grounds and documented evidence shows that some areas reported in July had not been done by mid September.

REPORT:

The pruning of hedges falls under the remit of the Public Realm Section and the Roads Maintenance Section.  In general, the Public Realm Section cut hedges that are growing from public parks and open spaces and the Roads Section cuts hedges that are growing on public roads.  Hedges that do not fall within these two categories are deemed to be growing on private property and are the responsibility of the property owner to maintain.

In relation to hedges growing on private property, Section 70(2) (a) of the Roads Act 1993 provides that "The owner or occupier of land shall take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on the land is 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"

Where it is deemed that the owner or occupier is not meeting their obligations, the council will write to the owner asking them to take the necessary steps to ensure the hedge, tree, shrub is rendered safe within 28 days. If the work is not carried out, it may be necessary to initiate proceedings under Section 70 of the Roads Act 1993.

Section 40 of the Wildlife Act 1976 (as amended by Section 46 of the Wildlife (Amendment) Act 2000) restricts the cutting of vegetation or hedges between 1st March and 31st August each year to facilitate the protection of nesting birds. As a local authority South Dublin County Council has an obligation to ensure that our activities and the activities of contractors working on our behalf adhere to this legislation.  The period for hedge cutting is therefore between September and February.  The only situation where cutting occurs outside of the approved period is for reasons of public health or safety.

The Public Realm Section has commenced hedge cutting in the LAE and priority is being given to hedges that are causing an obstruction to pedestrians and cyclists.  Roads hedge cutting is also underway.