COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, January 12, 2026

QUESTION NO. 32

QUESTION: Councillor F. Timmons

To ask the Chief Executive for a report on the process to raise TPOs on council agenda at council meetings?

REPLY: 

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

Under the new Planning and Development Act 2024, TPOs are legislated for in Section 267. This part of the 2024 Act is due to be commencement in 2026.

While assessing a request for a TPO and initiating a TPO statutory process is an executive function, the making of a TPO is a reserved function of the Council and needs to include stated reasons to inform decision making.

It is noted that Section 267(12) of the 2024 Act outlines that a person, in writing, or the members, by resolution, may request the planning authority to propose the making of an order and the planning authority / Chief Executive may, where it considers it appropriate do so, will carry out a review and assessment of the proposed TPO before any formal statutory process commences

When this legislative provision is commenced, it will provide clarity that a person or a member may formally request the planning authority to consider initiating a TPO and the planning authority / Chief Executive will consider if a TPO is appropriate.

In light of the incoming 2024 Act context, the planning authority outline the following process:

  1. A member through an agreed ACM motion can request the planning authority to consider a TPO for a specific tree or trees.
  2. As the making of the TPO is a reserved function, a report from the ACM on any agreed TPO motion will be brought to a future Council meeting under ‘Reports from Area Committee’. As per Standing Orders, this will be for noting and not for a resolution or decision.
  3. The Chief Executive will carry out a review and assessment of the proposed TPO in the context of the relevant legislation (currently Section 205 of the Planning and Development Act 2000 as amended) and bring a report on this consideration of the TPO request(s) in the first instance to the relevant ACM, and subsequently to a full Council Meeting under a Headed Item if required.
  4. If the initiation of a TPO is considered appropriate by the Chief Executive and noted at the Council meeting, the planning authority shall commence the statutory process and will serve notice of the proposal on the owner and the occupier of the land affected by the proposed order and commence public consultation under the legislation.
  5. The Chief Executive will bring a report on the public consultation with a recommendation to the Council who may by resolution make the order, with or without modifications, or refuse to make the order.

Please note a report from the October 2024 Clondalkin, Newcastle, Rathcoole Saggart and Brittas Area Committee relating to Motion 11 Fitzmaurice Road, Rathcoole Tree Protection Order is included under the Reports from Area Committee on this agenda.