Terence Flanagan (Dublin North East, Independent) | Oireachtas source

I thank the Ceann Comhairle for selecting this important matter and the Minister of State, Deputy Fergus O’Dowd, for coming to the House to deal with it. The issue is one which affects many householders throughout the country, namely, the need for tree height legislation to be introduced to protect the right to light. The height of trees is a source of trouble among neighbours and many disputes are caused because there is no tree limit legislation in place in order to set a height restriction. My office receives many queries on this issue and I am sure it is the same for the Minister of State. Residents are looking for assistance to have the issue dealt with effectively. We know that residents have no power regarding the height of trees surrounding their gardens which are blocking their natural light. This poses major problems and causes a lot of stress and negativity between neighbours.

One constituent in Kilbarrack has contacted my office on a number of occasions. She has substantial concerns about overgrown trees on her neighbour’s property and the effect they are having on hers. The problem is that the trees in question are leylandii which grow to 60 ft. in height. She cannot use her back garden and is concerned about the danger of significant damage or even the destruction of her home if the trees were to fall on top of her property during bad weather. She has approached the owner on a number of occasions to ask that the trees be better maintained, but the neighbour refuses to do so. That is the nub of the issue in that unnecessary stress is being caused for residents because the woman in question and no other resident have rights.

I have raised the issue with the Minister for Justice and Equality and been advised that a mediation Bill is being progressed in order to deal with this type of issue. However, a mediation Bill would not deal directly with the issue of a right to light, although it would promote mediation as an alternative remedy to court proceedings, with the aim of reducing legal costs and speeding up the time it takes to deal with a dispute. However, the key issue concerns tree height and ensuring neighbours’ trees are at an acceptable height so as not to cause unnecessary distress for neighbours. We know that, in some cases, neighbours approach homeowners who can be reluctant to take action because of the cost involved in cutting trees and the time it takes to deal with the issue. However, it is important for the welfare of residents to have natural light. There are the obvious health benefits. It also affects the price of property if someone looks to sell a property with no natural light in a back garden.

I ask the Minister of State to consider introducing legislation in this area that would strike a balance between the rights of owners of trees and nearby residents and ensure they were not negatively impacted on.

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