COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, February 10, 2025

QUESTION NO. 18

QUESTION: Councillor F. Timmons

To ask the Chief Executive how SDCC are being proactive in identifying areas where trees need to be protected, particularly where trees are on private land but on boundaries to public locations?

REPLY:

The Council's 'Living with Trees' policy 2021-2026 was adopted by the elected members following a detailed review of policy in this area by the Environment, Public Realm and Climate Change SPC during 2021.  'Living with Trees' addresses and promotes the role that trees play in fighting climate change and their contribution towards the environment as well as their social, economic, health and wellbeing benefits and outlines 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. It includes measures to maintain them in accordance with agreed programmes and sets out a proactive tree management programme to expand the tree canopy in the County. South Dublin are also proactive by undertaking trees and woodland surveys on its own properties, and have recently one done for Tymon Park. 

In relation to land both public and private, across the county; the council have adopted policies regarding the retention of trees, and it is an objective across the County Development Plan, including through the Green Infrastructure Strategy and through objectives listed in the Natural, Cultural and Built Heritage Chapter (Chapter 3) and the Green Infrastructure Chapter (Chapter 4).  The value of trees is also highlighted in Section 4.2.3 Climate Resilience, and they form part of the calculation process for a successful Green Space Factor which is required from applicants during the planning development application process.

Within private development sites, where trees and hedgerows are specified to be retained as part of the development, usually a condition is applied to the grant of planning permission to protect the trees that are specified for retention and prevent their removal. A condition to retain trees on private land, as part of a Grant of Planning Permission, grants a high level of protection. Typically as part of  the conditions of the permission, a developer is required to ensure tree protection fencing is in place prior to any construction commencing and for the duration of the works. This ensures trees are protected and is in line with British Standard BS5837:2012 Trees in Relation to Design, Demolition and Construction. Failure to adhere to these conditions (even without damage being done to the trees) results in the developer not being in compliance with their grant of permission and enforcement action can be taken.

As an added layer of protection, and if appropriate to sustainable planning and development, SDCC sometimes seek a tree bond to be lodged, to ensure there is a financial penalty if the developer fails to either implement tree protections or, indeed, damages trees. The bond is a strong financial disincentive that encourages strong compliance with the conditions of planning in relation to tree protection and prevention of damage to them.

Similar proposals apply to development proposals that bound public land and SDCC frequently make comment and / or make conditions relating to such proposals. In the case of trees on a shared party boundary, there are provisions within legislation for landowners to prune trees that overhang their property. The permission of landowners on both sides of the boundary are typically sought before works commence, but this is not required by law.