COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, November 10, 2025

MOTION NO. 2

MOTION: Councillor F. Timmons

That this Council requests SDCC to initiate the process for a tree preservation order (TPO) for : A heritage burgage hedgerow above 120m altitude along Green Lane / Stoney Hill Road in Rathcoole, as agreed by Motion 6 at the April 2025 Clondalkin Local Area Committee meeting.

REPORT:

Section 205 is the relevant provision of the Planning and Development Act 2000 (as amended) for a Tree Preservation Order (TPO)

Legal Protection of Hedgerows
The relevant legislation (Planning and Development Act, Section 205) for a TPO is designed for the preservation of “any tree, trees, group of trees or woodlands.” It does not include hedgerows within its scope. TPOs are not intended to represent or protect hedgerows.

The legal protection for hedgerows is through a combination of wildlife law, agricultural policy and planning regulation.
Section 40 of the Wildlife Act 1976 (as amended) prohibits the cutting, burning, or destruction of hedgerows between March 1st and August 31st to protect nesting birds and wildlife during breeding season. Under the Environmental Impact Assessment (Agriculture) Regulations, removal of hedgerows may require screening and approval from the Department of Agriculture. In this context, following notification of hedgerow removal in Rathcoole, 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. The Council has sought to establish a protocol with the Department to ensure that County Development Plan objectives are considered in any enforcement or screening process. The Planning Authority wrote to the Department in February to advise of 14 objectives in the South Dublin County Development Plan 2022-2028 which are relevant to the definition of ‘nature area’ in the Agriculture (EIA) Regulations and the need for screening.

Hedgerows can also be protected through plan making and through the planning application process with supporting information. The County Development Plan provides the framework for the protection of trees, woodlands and hedgerows in the following objectives:

- To protect and retain existing trees, hedgerows, and woodlands which are of amenity and/or biodiversity and/or carbon sequestration value and/or contribute to landscape character and ensure that proper provision is made for their protection and management taking into account Living with Trees: South Dublin County Council’s Tree Management Policy (2015-2020) or any superseding document and to ensure that where retention is not possible that a high value biodiversity provision is secured as part of the phasing of any development to protect the amenity of the area (NCBH11 Objective 3)

- To protect the hedgerows of the County, acknowledging their role as wildlife habitats, biodiversity corridors, links within the County’s green infrastructure network, their visual amenity and landscape character value and their significance as demarcations of historic field patterns and townland boundaries (NCBH11 Objective 4)

- To ensure that intact hedgerows / trees will be maintained above the 120m contour line within the County ensuring that the strong rural character will not be diluted and that important heritage features and potential wildlife corridors are protected (NCBH11 Objective 5)

It is noted that there is a proposed Protection of Hedgerows Bill 2024 currently before the Oireachtas which aims to establish a register of significant hedgerows, prohibit removal except in defined circumstances and introduce offences and appeals procedures.

Tree Preservation Orders

At present, there are 4 TPOs in South Dublin County Council and they are listed in the County Development Plan in Table 3.3
• Dublin County Council (St. Brigid’s Clondalkin) Tree Preservation Order 1973 at St. Brigid’s (now Newlands Garden
• Centre), New Road, Clondalkin
• Dublin County Council Tree Preservation Order (Beaufort Downs, Rathfarnham) Order 1987 at Beaufort Downs, Rathfarnham
• Dublin County Council Tree Preservation (Quarryvale, Brooklawn) (Liffey Valley No.1) Order 1990 at Townland of Quarryvale and Brooklawn, Palmerstown
• South Dublin County Council (Coolamber Site) Tree Preservation Order 2015 at Newcastle Road, Lucan

It is noted that SDCC has created 1 TPO in the last 35 years. In the Development Plan, it is a policy (NCBH11) of the Council to review Tree Preservation Orders (TPO) within the County and maintain the conservation value of trees and groups of trees that are the subject of a Tree Preservation Order while also recognising the value of and protecting trees and hedgerows which are not subject to a TPO. Furthermore, there is an objective to regularly evaluate and identify trees of amenity value within the County with a view to making them the subject of Tree Preservation Orders or otherwise protecting them and further, to furnish information to the public in this regard. (NCBH11 Objective 2)

Section 205 (1) of the Planning and Development 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. This is replicated in Section 267 (1) of the new Planning and Development Act 2024 (relevant Part not commenced to date).

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 indicates 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.

The 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 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. Hedgerows often mark historic field patterns and townland boundaries and significantly enhance the landscape character of rural areas. Trees and hedgerows also perform a vital role as wildlife habitats, biodiversity corridors and essential green elements in the County’s green infrastructure network. They have a further crucial role in carbon sequestration (capturing and storing carbon), contributing to the alleviation of climate change.

Additionally, the Development Plan outlines that trees and landscaping are important for climate amelioration and maintaining a healthy environment. Wooded areas have a carbon absorption rate that is approximately three times that of areas covered in grassland. Trees absorb carbon as they grow, and woods and forests provide long-term carbon reduction benefits. Planting in urban areas, at the source of many atmospheric pollutants, can filter out those pollutants, reduce water run-off, improve water quality, reduce noise and provide shading to help reduce urban heat island effects. 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 Policy and the County Development Plan 2022 -2028, the Corporate Plan and the Climate Action Plan have objectives and actions in relation to protection of trees and green infrastructure. This integrated policy approach provides a consistent framework for protecting trees countywide rather than relying on ad hoc designations.

The Planning Authority has concerns in relation to commencing statutory Tree Preservation Orders at this time and the potential diluting and undermining of the value/ strength of the policies, objectives and actions in the Living with Trees and County Development Plan policies.

Given the context of the Living with Trees, Corporate Plan, Climate Action Plan and the Development Plan policies, the Planning Authority considers that it is unlikely for a proposed TPO to be considered expedient in the context of Section 205 of the Planning and Development Act 2000 (as amended).

In accordance with NCBH11 Objective 2 of the County Development Plan, the Council will continue to evaluate trees of amenity value within the County.

The making of a TPO is a reserved function of the Council. The making, amending or revoking of a TPO would need to include stated reasons to inform any final decision. Assessing a proposal for a TPO and initiating a TPO process is considered to be an executive function. Under the new Planning and Development Act 2024, TPOs are legislated for in Section 267. This part of the Act is not yet commenced. It is noted that Section 267(12) outlines that a person, in writing, or the members of the planning authority, by resolution, may request the planning authority to propose the making of an order and the planning authority may, where it considers it appropriate, do so. When this legislative provision is commenced, it will provide clarity on the process for a person or a member to request the planning authority to propose an order. No assessment of the proposed hedgerow has been carried out to date. Any recommendation from the planning authority to make a new TPO would need to demonstrate significant value.

In summary, the Chief Executive recommends that the motion is not agreed as the subject proposal is for a hedgerow and does not meet the scope of Section 205 of the Planning and Development Act 2000 (as amended).