COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, March 10, 2025
QUESTION NO. 29
QUESTION: Councillor F. Timmons
To ask the Chief Executive for a detailed outline of how to apply for a Tree Preservation Order for trees and hedgerows in South Dublin County Council that outlines criteria, steps, how and which Section to apply to?
REPLY:
Part XII, Section 205 is the relevant provision of the Planning and Development Act (as amended) for a TPO. The making of a TPO is a reserved function of the full Council. Requests for consideration of trees for TPOs should be addressed to the Land Use Planning and Transportation section.
The following extracts are considered relevant in the context of the question and consideration of a TPO request.
Initiation of Process and Implications
Section 205 of the Planning and Development Act 2000 (as amended) states —(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.
Section 205 (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.
Key takeaways from subsections (1) and (2) outlined above are:
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. Interpreted in this context, it must appear to the planning authority that it is practical or necessary (expedient) in the interests of amenity or the environment, to make a TPO. The legislation also requires stated reasons for making an order, this is in addition to it appearing to the planning authority to be expedient in the interests of amenity or the environment.
Subsection 2 makes clear that there may be financial and / or human resource implications to the Planning Authority because where an order is made on the owner and occupier of the land to manage the trees it may be subject to providing assistance as part of the required agreement with the planning authority. There is no criteria set out for when such assistance is appropriate.
Making a TPO - Legislative Process
The process for proposing to make an order is set out under subsections 3 to 9 of section 205 as follows:
Section 205 (3) (a) Where a planning authority proposes to make an order under this section, it shall—
(i) serve a notice (which shall include particulars of the proposed order) of its intention to do so on the owner and the occupier of the land affected by the order, and
(ii) cause notice of the proposed order to be published in one or more newspapers circulating in its functional area.
(b) A notice under paragraph (a)(i) shall be accompanied by a map indicating the tree, trees, group of trees or woodland to be preserved.
(4) A notice under subsection (3) shall state that—
(a) the planning authority proposes to make an order preserving the tree, trees, group of trees or woodlands,
(b) submissions or observations regarding the proposed order may be made to the planning authority within a stated period of not less than 6 weeks, and that the submissions or observations will be taken into consideration by the planning authority, and
(c) any person who contravenes an order or, pending the decision of a planning authority, a proposed order under this section, shall be guilty of an offence.
(5) The planning authority, having considered the proposal and any submissions or observations made in respect of it, may by resolution, as it considers appropriate, make the order, with or without modifications, or refuse to make the order, and any person on whom notice has been served under subsection (3) shall be notified accordingly.
(6) Where a planning authority intends to amend or revoke an order made under this section, the planning authority shall give notice of its intention to amend or revoke the order, as the case may be.
(7) (a) A notice under subsection (6) (which shall include particulars of the proposed order) shall be—
(i) served on the owner and the occupier of the land affected by the order, and on any other person on whom a notice was served under subsection
(3), and
(ii) published in one or more newspapers circulating in the functional area of the planning authority.
(b) A notice under subsection (6) shall be accompanied by a map indicating the tree, trees, group of trees or woodland to be affected by the amendment or revocation of the order.
(8) A notice under subsection (6) shall state that—
(a) the planning authority proposes to amend or revoke the order, and
(b) submissions of observations regarding the proposal may be made to the planning authority within a stated period of not less than 6 weeks, and that the submissions or observations will be taken into consideration by the planning authority.
(9) The planning authority, having considered the proposal and any submissions or observations made in respect of it, may by resolution, as it considers appropriate, revoke the order or amend the order, with or without modifications, or refuse to make the order, as the case may be, and any person on whom notice has been served under subsection (7) shall be notified accordingly.
Summary of Process
As the making of a Tree Preservation Order is a reserved function, the initiation of a statutory process should be agreed through the full council.
Summarising the above process, where the planning authority proposes to make a TPO, it requires a notice to be served on the land owner and occupier alongside public consultation seeking submissions within a 6 week period.
A CE Report would be prepared for the members taking account of the proposal and the submissions. The members consider the proposal and submissions and can then make the order with or without modifications or refuse to make the order.
Should the resolution amend the order further notice is served on the landowner / occupier and a further 6 week public consultation is held.
The person on whom the notice was served is notified of the resolution.
The planning authority must then enter into an agreement with the landowner. As set out above, there may be financial and / or human resource implications for the planning authority as part of any agreement.
Section 205(10) outlines that the any person who contravenes an order or a proposed 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.