COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM / TEMPLEOGUE / FIRHOUSE / BOHERNABREENA AREA COMMITTEE

Tuesday, November 11, 2025

QUESTION NO.

QUESTION: Councillor Y. Collins

That this Council sets out its policy regarding the pruning of hedges planted on private property, but which significantly encroach out onto a public path or roadway.

REPLY:

Overgrown hedges and other vegetation that overhang a public footway can cause problems for pedestrians / joggers / buggies etc.

Large branches overhanging roads can cause a danger to motorists, including in particular drivers of high-sided vehicles such as lorries or buses.  

Section 70(2) (a) of the Roads Act 1993 provides that, “the owner or occupier of land shall take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on the land is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road”.

Thus, there is legal duty on landowners or occupiers of land to ensure hedges and trees on their property are well maintained such that they are not encroaching beyond their boundary line.  

Landowners and occupiers are required to fell, cut, trim back, or remove such hedges and trees to prevent them from becoming a hazard to persons or property on the road. Adequate traffic management should be provided when cutting back such vegetation and Council should be notified before works commence.  

Hedge cutting should only take place outside the critical nesting period of 1st March to 31st August. The only exception is if there are road safety implications. The Roads Act states that liability for damage or injury resulting from such hazards will rest with the landowner/occupier, and notices may be served on those who do not comply with their statutory obligations. 

The Council follows the procedure laid out in Section 70 of the Roads Act. 1993. 

See relevant extract below:-

70.—(1) (a) The owner or occupier of any structure and the owner or occupier of any land on which a structure is situated shall take all reasonable steps to ensure that the structure or the use of the structure is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road. 

(b) Where a tree, shrub, hedge or other vegetation is a hazard or potential hazard to persons using a public road or where it obstructs or interferes with the safe use of a public road or with the maintenance of a public road, a road authority may serve a notice in writing on the owner or occupier of the land on which such tree, shrub, hedge or other vegetation is situated requiring the preservation, felling, cutting, lopping, trimming or removal of such tree, shrub, hedge or other vegetation within the period stated in the notice.

(6) A notice under subsection (1) or (2) shall not have effect until—

a) the expiration of fourteen days from the date of service of the notice, or

(b) if an appeal is taken and the notice is confirmed, with or without modifications, the date upon which the decision of the Court is pronounced or the date upon which the order of the Court is expressed to take effect, whichever is the later.

(8) Where an owner or occupier fails to comply with a notice under this section, the road authority may take the action specified in the notice or such other action as it thinks fit.