Written answers

Tuesday, 22 October 2013

Department of Environment, Community and Local Government

Planning Issues

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent)
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351. To ask the Minister for Environment, Community and Local Government if he will consider introducing legislation restricting high tree growth to address ongoing difficulties with lack of light and loss of light for affected householders; and if he will make a statement on the matter. [44287/13]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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There is no legislation in Ireland regulating the height of trees and hedges and I have no current plans to introduce legislation on this matter. My Department understands that there is no right in Irish law to receive light in a garden and that, while there is a civil remedy of nuisance available in respect of the branches or roots of a neighbour's trees encroaching on one's property, there is no civil law remedy in respect of the loss of light in a garden due to a neighbour's high trees or hedges. I have recently been in correspondence with the Joint sub-Committee on Public Petitions on this matter and will give consideration to their recommendations on this issue.

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