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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.
5.43pm, 12 Jun 2014
21.6k
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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”.
A line of Leylandii trees. ShutterstockShutterstock
Flanagan noted that people had a responsibility to ensure that “their trees are at a reasonable height to not cause distress to their neighbours”.
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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.
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”.
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I do agree that tree height should be capped where neighbouring trees are concerned.I have a neighbouring coniferous tree 30 ft in height which has blocked out light from my garden. Together with plants and other trees on a particular wall I have had my shrubs stretch further into my lawn seeking light. It is frustrating because my neighbour does not consider the negative impact her garden is having on mine. Rather than exchanging “words” there should be legal limits/ restrictions on what can be grown particularly in residential developments.
You could play football with neighbour. Tree aside. You could also drill holes in the bottom of the tree when they are not looking and spray weedkiller into the holes.
The trees outSide My house are 40 feet high and my is in darkness all year round, the rear of the house is much colder than the front due to lace of light. My neighbour refuses to allow me to prune his trees despite my offer of pruning and removing the cuttings at my own cost he even called the police when I proceeded to cut them back off my property.
We cant use our patio, and our garden is constantly full of pine needles. Its is a bloody nuisance and terribl to think that people thrive on other peoples unhappiness.
I wrote to shatter some time ago and in his response he said he was considering legislation but that was over 1 year ago and he’s gone now.
Laws exist in the UK from memory they are only allowed to grow them to 10 feet.
Some years back a guy took a successful case against his grumpy female neighbour and won a court order with damages.
Proper order.
It couldn’t be hard to put guidelines into law.
If you’re stressed by your neighbours trees then you really need to have more of a life. Personally I’d rather have tell trees than a view of the neighbour’s house.
You cant understand so you don’t understand. We are a nice family and I consider myself a decent neighbour, I would like my young family to enjoy spending time together in our garden on the very few days of sun we get but because grumpy as all the kids in the area call him, wont allow me to prune the trees i cant.
I don’t want them removed i enjoy the privacy but I also like the sun, I nearly forget what it looks like.
Trees causing stress. Ha! Cannot understand why this needs discussion at Dáil level. Btw, Fingal co co were out cutting roadside hedges this morning, doing a great job so they were.
My local TD Terence Flanagan is more worried about people with concerns about tall trees than he is about the women in my family and who are also his constituents who are suicidal and pregnant and wish to end their pregnancy.
I live on an average street in Toronto and as on most suburban streets here, the apartment I live in is surrounded by trees. The sun is blocked for a good part of the day but if we want to enjoy the sun we head out to the park, the beach, the islands or maybe a nice bar with a patio and I much prefer that. When I try to look over at my street from the top of the CN Tower all I can see is a huge canopy of trees and nothing else. It’s a really beautiful city. It’s a shame that any greenery in Dublin always has to be cut-back or chopped down. Ireland is not deserving of the name emerald Isle. Especially when there are far greener places.
To clarify – women in my family and who are also his constituents who are suicidal and pregnant and who at some point, if pregnant, wish to end their pregnancy if they were in a crisis.
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