COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN, NEWCASTLE, RATHCOOLE, SAGGART AND BRITTAS AREA COMMITTEE

Wednesday, October 16, 2024

MOTION NO. 11

MOTION: Councillor F. Timmons

That this Area Committee supports the establishment of a Tree Protection Order on the Beech Wood and associated trees at Fitzmaurice Road, Rathcoole, in recognition of its iconic status, amenity value and contribution to the landscape of Rathcoole Village, and asks the Chief Executive to initiate the process before the end of 2024.

REPORT:

Beechwood Lawns, located south of Fitzmaurice Road in Rathcoole, have been taken in charge since 1977 and the Council maintains the lands in question. Protection and management of all existing trees on Council is carried out in accordance with the Living with Trees SDCC Tree Management Policy 2021 -2026.

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.

The 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 Development Plan, which sets the policy context for the assessment of planning applications, states that trees and landscaping are important for climate amelioration and maintaining a healthy environment. 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 Development Plan 2022 -2028, the Corporate Plan and the Climate Action Plan have objectives and actions in relation to protection of trees.

Section 205 is the relevant provision of the Planning and Development Act (as amended) for a TPO. The following extracts are considered relevant in the context of the question:
Section 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.

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.

As outlined above, the management and protection of trees on potential development sites and on Council owned lands is strongly outlined in the Living with Tree SDCC Tree Management Policy 2021 -2026 and the County Development Plan. 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.

In conclusion, given the strong recognition of the value of trees in the Living with Trees Management Policy, Corporate Plan, Climate Action Plan and the Development Plan, the Planning Authority considers that the proposed TPO is 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, it is considered that, whilst the value of the trees in the proposed TPO is acknowledged, reasons for the initiation of TPOs on this site are not apparent. It is noted that Section 205 requires stated reasons for the purpose of a TPO.