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. 33

QUESTION: Councillor F. Timmons

To ask the Chief Executive for a report on the process for TPOs once agreed 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

If the commencement of a TPO is considered expedient and appropriate by the planning authority / Chief Executive, and noted at a Council meeting, the process of the relevant Planning & Development Act / legislation commences.

The following is the process under the Planning and Development Act 2000, Section 205(3), (4) and (5)

S205 (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.

S205 (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.

Section 205 (5) outlines that the Council 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 shall be notified accordingly.

The effect of a TPO is set out in Section 205 (2) which states that a TPO 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.