COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF RATHFARNHAM / TEMPLEOGUE / FIRHOUSE / BOHERNABREENA AREA COMMITTEE

Tuesday, September 08, 2026

MOTION NO.13

MOTION: Councillor Y. Collins

That this Area Committee passes a resolution requesting the planning authority to propose the making of a Tree Protection Order pursuant to Section 267 of the Planning and Development Act 2024, when commenced, (otherwise pursuant to Section 205 of the Planning and Development Act 2000 as applicable) in relation to the principal mature trees and interconnected woodland associated with Cypress Grove House, Templeogue, on the basis that it is expedient in the interests of amenity, heritage, and the environment, and is in accordance with Policy NCBH11 of our current County Development Plan.

REPORT:

Policy NCBH11 of the County Development Plan has a number of associated objectives and states:

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.

As the relevant section of the 2024 Planning Act has not commenced to date, section 205 of the Planning and Development Act 2000 remains the relevant legislation for a TPO at this time. 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.

 As set out at the January Council meeting, the first step in the TPO process is for an elected member, through an agreed ACM motion, to request the planning authority to consider a TPO for a specific tree or trees. Should this motion be passed a report from the ACM on the agreed TPO motion will be brought to a future Council meeting under ‘Reports from Area Committee’. In line with Standing Orders, this will be for noting at this stage. The Chief Executive will carry out a review and assessment of the proposed TPO in the context of the relevant legislation 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.                                      

If the initiation of a TPO is considered appropriate by the Chief Executive and noted at the Council meeting, the planning authority will 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.

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.

Having regard to the above process, this motion if agreed will start a process within which there will be a review and assessment of the proposed TPO and a report brought back to the ACM and subsequently to a full Council meeting. Should the initiation of a TPO be considered appropriate by the Chief Executive and noted at the Council meeting, the planning authority will commence the statutory process by serving notice on the owner and the occupier of the land.