Oireachtas Joint and Select Committees

Wednesday, 2 October 2019

Joint Oireachtas Committee on Arts, Heritage, Regional, Rural and Gaeltacht Affairs

Mid-Year Review: Minister for Culture, Heritage and the Gaeltacht

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael) | Oireachtas source

The agricultural contractors. They issued a press release to welcome that it was still possible to cut hedges for road safety reasons. The Deputies know some of the reasons for the cutting of hedges along roads, lanes and boreens better than I do, as they represent rural areas. One is overgrown hedges and fallen trees narrowing the carriageway, forcing traffic into oncoming traffic flow. It is still possible to cut hedges in that instance. It is also the case with briars and overhanging branches in forcing pedestrians and cyclists from road margins. It is permissible in such circumstances to cut hedges, as it is in the case of overgrown hedges blocking or impeding egress from farm holdings or fields, hedges concealing entrances or road safety and directional signage. It is also legal to cut hedges where they are concealing culverts or sharp bends.

On balance, despite the fact I did not extend the regulations and will not be in a position to do so next year, hedges can be cut for road safety reasons. Section 8 of the Heritage Act 2018 and section 70 of the Roads Act 1993 were aligned in respect of the cutting of vegetation. The latter section states: "The owner or occupier of land shall take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on the land is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road." Even during the closed hedge-cutting period, therefore, a landowner can cut hedges where there is a road safety issue, as I outlined. I could say a bit more but that might be sufficient.

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