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SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 08, 2024

QUESTION NO.23

QUESTION: Councillor C. O'Connor

To ask the Chief Executive to outline his policy to deal with requests from concerned residents who report damage to their property from a Tree and feel strongly that health and safety would be served by the felling of the Tree and will he make a statement? 

REPLY:

The Council's first Tree Management Strategy 'Living with trees' which was adopted by the Council in 2016 and a comprehensive review which included public consultation was approved by the Council in 2021. The current Tree Management Policy provides a framework to inform and support decisions made by the Council on the management and development of a sustainable tree population in the County.  Regular updates on its progress are given at Area Committees. It deals comprehensively with all issues relating to tree management and maintenance including tree felling and pruning policies and these can be found under sections 2, 4 & 6 of the strategy document which is available on the Council's website at the following location SDCC Tree Management Policy 2021 - 2026. 

The following sections of the policy are relevant to the issue raised here regarding damage being caused to a private property by a Council owned tree.  In summary, where a tree is causing damage to a private property the Council will take action to resolve the matter.  In the case of tree roots being the suspected cause of damage to a boundary wall, an engineering survey of the wall and foundation is required to establish the cause of the damage and the private resident is required to provide this.

Section 4.3 of the document deals with reasons for tree pruning and felling as follows -

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.  The Council will undertake tree works to fulfil its legal obligations to ensure the safety of the public and properties. Tree works will be undertaken:

• Where an inspection has identified visible decay, fungal brackets indicating possible root and trunk decay or any other defect that would lead to the tree failing.
• A tree is dead or visibly in decline.
• To abate an actionable nuisance, where branches are touching buildings, for example, physical contact with walls, windows and gutters.
• Where road signs, traffic signals, street lights, and sightlines for vehicles and pedestrians are obscured.
• Evidence has been provided that the tree is a contributing factor in causing structural damage that cannot be reasonably addressed by an alternative solution and proactive tree management has had no mitigating effect.

Tree removal or pruning will not be undertaken where: 

• Trees are perceived to be too large.
• Satellite dish TV reception is interrupted.
• Sunlight may be blocked from reaching properties or gardens.
• Views are obstructed.
• Seasonal or naturally occurring events happen, for example, falling leaves, fruit, seeds or berries, honeydew sap, bird droppings, pollen allergies.
• Insects or other non-hazardous wildlife are present.

 

Section 4.3.4 states the following in relation to the removal of trees -

Trees are removed only when necessary as a last resort. The criteria for tree removal are:

• The tree is dead, dying or is considered hazardous due to its poor structural or biological condition. Hazardous conditions may exist above and / or below ground and may include significant root, trunk or crown decay, split trunks and crotches, and large dead limbs.
• The tree has declined beyond the point of recovery and is no longer meeting the functional or aesthetic requirements of a street tree. Typically, a tree with 30 percent or less of its foliage remaining would meet this criterion.
• Fatally diseased trees (for example, Ash dieback, Fireblight Disease) may be removed before they reach the primary threshold in order to prevent the spread of disease to healthy trees.
• To allow space for development of nearby trees that may be more desirable for retention
• To allow space for new planting
• To make way for any approved engineering or building works when unavoidable construction work will immediately compromise the stability or viability of the tree.
• Tree proven to be causing significant structural damage that cannot be reasonably addressed by an alternative solution and proactive tree management has had no mitigating effect.
• To abate actionable nuisance
• Where a tree is located in close proximity to a public lighting column