COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 14, 2026

MOTION NO. 6

MOTION: Councillor Y. Collins

That the Chief Executive puts in place a criteria based approach to facilitate a process whereby an evaluation could be carried out on a phased basis, to identify trees of amenity value within the County, starting with those likely to be more at risk, with a view to making them the subject of Tree Preservation Orders or otherwise protecting them, and to furnish information to the public in this regard pursuant to Policy NCBH11 Objective 2 of our County Development Plan.

REPORT:

Policy NCBH 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.

Section 205 of the Planning and Development Act 2000 (as amended) is the current relevant legislation for a Tree Preservation Order (TPO). As per Section 205(1), if it appears to the planning authority that it is expedient, in the interests of amenity or the environment, to make provision for the preservation of any tree, trees, group of trees or woodlands, it may, for that purpose and for stated reasons, make an order with respect to any such tree, trees, group of trees or woodlands as may be specified in the order.

Under the new Planning and Development Act 2024, TPOs are legislated for in Section 267. It is understood that this part of the 2024 Act is due to be commenced in late September/October 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. An assessment will be required to inform the chief executive’s view on the appropriateness or otherwise of a proposed TPO before any formal statutory process commences.

It is noted that there are no current TPO Guidelines to support the assessment methodology, the last ones being related to the 1963 Local Government (Planning and Development) Act. Therefore, it is considered that the proposal in the motion to put in place a criteria-based approach to assessment would provide the potential for a robust methodology for assessment which could be shared with the public. It is noted that the 2024 Act, unlike the 2000 Act, requires the statutory notice to contain the grounds on which it is proposed to make the order. Having regard to the above an initial scoping of criteria can be examined having regard to the purpose of the Act to preserve trees where it is considered expedient in the interests of amenity or the environment, including environmental metrics for assessing the quality of trees.