COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

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

Wednesday, April 16, 2025

MOTION NO. 6

MOTION: Councillor F. Timmons

That this Area Committee supports the establishment of a Tree Protection Order on the last remaining heritage hedgerow of five on Green Lane, four having been all but completely removed with the TPO to include trees surrounding a ruined house as per the map supplied.

REPORT:

The Council was made aware of hedgerow / tree removal at this location along Green Lane / Stoney Hill Road in Rathcoole (identified as Crockshane / Coolmine Road on Ordnance Survey maps). On foot of being alerted by members of the public to the removal, the Council liaised with the Department of Agriculture, under whose remit tree felling and hedgerow removal lies. The Department has advised the Council that inspectors visited the site, and that the Department is considering what action it can take.

A TPO is a reserved function of the full Council and as such, a similar motion will need to be brought to a Council meeting to initiate the process. To inform a decision of the Council, an assessment of the hedgerow would be required to establish the basis for a TPO prior to a motion proposing an order.

Once proposed, a TPO process requires a notice to be served on the owner and occupier of the land and published in a newspaper circulating in the area. Submissions can then be made within a period of not less than 6 weeks. Following consideration of the proposal and submissions made in respect of it, the Members may by resolution make the order with or without modifications or refuse to make the order.

It should be noted that a TPO under Section 205(2) of the Planning Act 2000, as amended 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.