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People warned that tall trees may cause 'distress' to neighbours

Terence Flanagan said that planning laws needed to be updated to include tree height.

LEGISLATION SHOULD BE updated to prevent people from allowing their trees to grow beyond a certain height, the Dáil has heard.

Independent TD Terence Flanagan has said that tall trees can cause “unnecessary stress” to neighbours of tree owners.

He asked junior minister Fergus O’Dowd if the government would consider updating current planning laws or implementing something similar to the the High Hedges Legislation that exists in Northern Ireland and the UK.

O’Dowd said that he would “give consideration” to the issues raised by Flanagan but ruled out introducing a ‘high hedge’ law as it would have ”significant resource implications”.

Flanagan said that a constituent had come to him after a neighbour ignored her concerns about a leylandii tree in her garden, which could reach 60ft in height.

He said that if the tree fell it “could cause significant damage and destroy her property”.

Shutterstock-156740390 A line of Leylandii trees. Shutterstock Shutterstock

Flanagan noted that people had a responsibility to ensure that “their trees are at a reasonable height to not cause distress to their neighbours”.

He added that it was “important for residents to have natural light coming into their property” – a lack of which could negatively affect the value of their home.

Mediation

Flanagan has raised the issue in chamber on a number of occasions in the past.

In April, the then justice minister Alan Shatter remarked that under existing law “a person may be in a position to seek damages or an injunction requiring the cutting of boundary hedges or trees under the tort of nuisance”.

In this instance, Shatter said that the person concerned would have to show that there had been “an easement of light” at their property.

flan Oireachtas TV Oireachtas TV

Shatter said he intended to bring forward a mediation bill “to promote mediation as a viable, effective and efficient alternative to court proceedings, thereby reducing legal costs and speeding up the resolution of disputes”.

In October 2013, housing minister Jan O’Sullivan told Flanagan she had “no current plans” to introduce leigslation that would restrict the height of trees and hedges.

Flanagan noted that a number of local authorities have planted trees and “failed to prune them”.

Fingal County Council are unable to prune or cut down trees because they don’t have the resources.

The Dublin North-East TD said he had raised “very genuine concerns” that need to be “looked at seriously”.

Read: One per cent of ALL the trees in Ireland’s forests fell down in the storms

Read: Column: Can big data save our planet’s forests?

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36 Comments
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    Mute Madra
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    Jan 18th 2021, 12:10 AM

    Congrats to all the winners.

    935
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    Mute Keith Richardson
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    Jan 18th 2021, 12:18 AM

    We could do with some good news articles for a change. How about restaurants and takeaways that went above and beyond to service customers in a brutal 2020 year? Or best reviewed meal kits from 2020? Some many in that industry are doing their best. But it’s easy to call out the few bad apples.

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    Mute Ian Forbes
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    Jan 18th 2021, 12:56 AM

    @Keith Richardson: sorry my comment meant for Keith

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    Mute ed w
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    Jan 18th 2021, 12:30 PM

    @Keith Richardson: agree one of local takeaways offered free meals to people who needed a meal at start of lockdown 2.0 . always support them and throw a larger than average tip in to them.

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    Mute Cocker
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    Jan 18th 2021, 1:11 PM

    @Keith Richardson: this is important public health information from the Food Safety Authority. It gets printed periodically in many Irish news outlets a for reasons of public health. The journal have been doing it for a long time.

    Anyways you don’t have to look far for the kind banal pop journalism you’re raving about there. You can find “the best of this or that” literally everywhere

    Personally I’d prefer to know if a restaurant/bar/cafe near was serving dubious food so I would know to avoid it. They don’t all get closed down immediately

    Perhaps you are happy enough funnelling any old tripe down your gullet but I am not

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    Mute Denis Leane
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    Jan 18th 2021, 12:36 AM

    A bit light on detail

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    Mute Brian Nevin
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    Jan 18th 2021, 10:22 AM

    @Denis Leane: the details would have been published at the time the order was made to close, the orders are published every month

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    Mute John kane
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    Jan 18th 2021, 4:47 PM

    @Brian Nevin: yea but we wanted to see particular names of premises’ printed here. Too much work to go searching

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    Mute Levante Dublin
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    Jan 18th 2021, 12:10 AM

    I’m thinking of opening a sushi takeaway. Anyone got a spare bedroom so I can get the cooking done?

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    Mute Jakie McLean
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    Jan 18th 2021, 12:41 AM

    @Levante Dublin: cooking? Sushi ? I thought that’s the beauty of sushi you only need a bedroom. No kitchen necessary. A knife and a cutting board and you’re made

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    Mute Ian Forbes
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    Jan 18th 2021, 12:54 AM

    @Levante Dublin: agree…. The Press love negativity…. what about all those bars and restaurants that abide by the law and are pristine…. probably 99+%

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    Mute EillieEs
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    Jan 18th 2021, 2:13 AM

    @Ian Forbes: reporting facts isn’t being negative. By default they SHOULD be pristine.

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    Mute Mirabelle Stonegate
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    Jan 18th 2021, 7:18 AM

    @Jakie McLean: sushi technically refers to the rice, I believe, which does need to be cooked. As such,you can get various types where all ingredients are cooked. Like with sushi involving chicken.

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    Mute Adam J
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    Jan 18th 2021, 7:26 AM

    @Ian Forbes: News is news, it isn’t positive or negative

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    Mute Daniel Finucane
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    Jan 18th 2021, 8:18 AM

    @Jakie McLean: rice!

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    Mute daniel roche
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    Jan 18th 2021, 8:18 AM

    @Ian Forbes: i look at it the other way, so many good restaurants and the little few bad ones. It’s a good news story.

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    Mute Michael Connolly
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    Jan 19th 2021, 12:43 AM

    @Levante Dublin: only need to cook the rice

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    Mute Jules
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    Jan 18th 2021, 12:17 AM

    Couldn’t we introduce a food hygiene rating as they have in the UK, as the activity of the Irish Food Safety Authority is not particularly transparent

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    Mute Brendan McCarron
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    Jan 18th 2021, 12:29 AM

    @Jules: True story. I grew up in Coventry and as a kid every Friday we got food from the same chippy. I since moved to Dublin but I, and my three siblings, were back to see my mother who ill and hospitalised at the time. We did the nostalgia tour and went to the chippy for dinner. They had a half a star out of 5 rating…

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    Mute Denise Ní Cinnseala
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    Jan 18th 2021, 9:32 AM

    @Jules: the food in the UK is muck. Their food quality and standards are deplorable compared to ours

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    Mute Malcolm Smith
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    Jan 18th 2021, 11:11 AM

    @Denise Ní Cinnseala: what a silly sweeping comment

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    Mute Gavin Linden
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    Jan 18th 2021, 12:04 PM

    Cáitín

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    Mute Mark Gaffney
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    Jan 18th 2021, 12:39 AM

    Name and shame

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    Mute Chin Feeyin
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    Jan 18th 2021, 10:57 AM

    @Mark Gaffney: the names are on the FSAI website.

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    Mute Sean Ryan
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    Jan 18th 2021, 12:39 AM

    Gives new meaning to the phrase “dishing the dirt”.

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    Mute Thomas Corrigan
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    Jan 18th 2021, 1:54 AM

    Is there any within 5 km of me.? I feel hungry

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    Mute Maurice O'Connor
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    Jan 18th 2021, 1:51 PM

    Mostly Pakistani s

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    Mute Paul Mcnevin
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    Jan 18th 2021, 12:48 AM

    Is this a dirty article?

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    Mute potnoodle
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    Jan 18th 2021, 12:45 AM

    Where’s the ?

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    Mute Niall Meegan
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    Jan 18th 2021, 1:57 PM

    Name & Shame the business and its owners!
    This will continue otherwise simple as!

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    Mute Eileen Ronayne
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    Jan 18th 2021, 5:38 PM

    which restaurants in Cork?

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