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SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM / TEMPLEOGUE / FIRHOUSE / BOHERNABREENA AREA COMMITTEE

Tuesday, November 14, 2023

QUESTION NO. 12

QUESTION: Councillor M. Lynch

Could the manager please provide a detailed report on observations that possible unauthorised works took place in an area between Glenbrook Park and Owendore Avenue, Rathfarnham as per the attached document.

REPLY:

The observation submitted refers in the main to alleged activity on a lane connecting Owendore Avenue and Butterfield Park where it is reported that mature trees have been removed, and new boundary walls developed.

Felling trees does not constitute a breach of planning regulation, unless the subject trees are protected under a Tree Preservation Order.   No such order exists at this location. 

However, the Wildlife Act affords protection to tress and hedges, where cutting is only permitted annual between 1 September and the end of February, and The National Parks and Wildlife Service (NPWS) of the Department of Local Government and Housing have responsibility for the enforcement of this legislation. 

This law aims to protect and maintain wildlife diversity by establishing areas where birds, in particular, can thrive during nesting season.

There are however exceptions to the legislation such as works undertaken in the ordinary course of agriculture or forestry, for public health and safety reasons – including road safety – the destruction of noxious weeds and the development of sites for building works.

Some issues were reported to the Council previously, some of which matters were considered either to be of a civil nature, and other were found not to constitute unauthorised development.  However, alleged development is being examined from a Planning Enforcement perspective.