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, February 18, 2026

QUESTION NO. 8

QUESTION: Councillor F. Timmons

To ask the Chief Executive to provide, in clear and unambiguous language, the steps required to progress the Fitzmaurice Road, Rathcoole Tree Protection Order (TPO) and the TPO at Green Lane, Rathcoole with indicative timelines.

REPLY:

A motion was put to the Area Committee Meeting in October 2024 seeking a TPO at Fitzmaurice Road in Rathcoole.  In the response to the motion the CE set out that Beechwood Lawns have been taken in charge since 1977, and the Council maintains the lands in question. Protection and management of all existing trees on Council lands was carried out in accordance with the Living with Trees SDCC Tree Management Policy 2021 -2026.

Having regard to the fact that the trees are in Council ownership, the response to the motion concluded that given the strong recognition of the value of trees in the Living with Trees Management Policy, Corporate Plan, Climate Action Plan and the Development Plan, the Planning Authority considered that the proposed TPO is not necessary or practical at this time and concluded that the proposed TPO was not expedient in the context of Section 205 of the Planning and Development Act 2000 (as amended).

While it is noted that the motion was passed at that meeting, a further clarification of the process for a TPO was set out in a recent response to item numbers 89477 and 89478 at the full Council meeting in January this year.

In short, the response to those items clarified that the making of a TPO is a reserved function of the Council and needs to include stated reasons.

However, assessing a request for a TPO and initiating a TPO statutory process is an executive function.

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 commenced in 2026.

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 may, where it considers it appropriate, do so.

When this legislative provision in the 2024 is commenced, it will provide further clarity that a person or a member may formally request the planning authority to consider initiating a TPO and the planning authority, as an executive function, will consider if a TPO is appropriate.