COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 08, 2024

MOTION NO.1

MOTION: Councillor M. Lynch

That the council designs a policy and guidelines that allows residents groups, at their own expense, who have unanimous or majority agreement on a given street or area, and with prior approval from the council, to conduct on street tree pruning using licenced arboricultural professionals.

REPORT:

The Council's Tree Management Policy 'Living with Trees' which was first implemented in 2016 and subsequently reviewed and revised in 2021, sets down the Council's policy for the management of the stock of publicly owned street trees, trees in parkland locations and trees located on estate open spaces.  The Council does not permit tree maintenance works being carried out on publicly owned trees by local residents or contractors engaged by them.  A number of issues arise in relation to this proposal and these are set out below.

The trees and any work carried out to them by the Council are covered by the public liability and employer liability insurance policies which are provided to the Council by Irish Public Bodies Mutual Insurance.  If work is carried out to a tree by a private contractor who is not engaged by the Council but is engaged by a private resident and the work done subsequently leads to personal injury or property damage being suffered, then the Council's insurance cover is no longer valid in this situation.  The Council cannot take on the risk of having a portion of the tree stock not covered by it's insurance policies in such circumstances.   

Tree maintenance works are carried out either by the Council's own crews or by specialist contractors engaged to do the work.  The Council's safety management system sets down all the health and safety requirements in relation to tree maintenance works including the necessary risk assessments for the work, safe systems of work, traffic management plans and all other requirements.  Where the work is being carried out by a specialist contractor then that contractor is obliged to meet these same health and safety requirements.  If work is to be carried out by a specialist who has not been engaged by the Council and is not working under the instruction of the Council then that influence and control over health and safety requirements will be lost to the Council.  Again the Council is not in a position to take on the risks associated with extremely difficult and potentially hazardous tree maintenance work being carried out by a private contractor who is engaged by local residents but who is not working under the control of the Council. 

Similarly the issue of what work is to be done to a tree or group of trees and what standard will be required in relation to this work is something that would be beyond the control of the Council, if such an arrangement were facilitated.  Decisions relating to which trees are to be removed, which ones are to be pruned, the extent of the pruning works required to a tree or group of trees and all related matters must remain under the control of the Council to ensure the proper management of the stock of publicly owned trees into the future.

For the reasons outlined above it is not proposed to facilitate this proposal to accommodate local residents who wish to engage private contractors to carry out tree maintenance works on publicly owned trees. 

The Council's insurers will not endorse the design of a policy and guidelines that allows residents undertake tree maintenance on public trees, the risk of providing this information and ability to non-council staff brings a high risk and exposure to the council.