Fergus O'Dowd (Louth, Fine Gael) | Oireachtas source

I am taking this matter on behalf of the Minister of State, Deputy Jan O’Sullivan. I thank the Deputy for raising it.

The current legal position on high trees and hedges is that planning legislation does not make a particular provision for recognition of a right to light or a remedy from any other nuisance which may be caused by trees in a residential area. Complaints where branches or roots of trees are encroaching on a neighbour's property would normally be remedied under civil law between the parties concerned.

In response to a number of representations made to my Department on the issue of high trees and hedges, the Minister of State, Deputy Jan O'Sullivan, wrote to the Minister for Justice and Equality in June 2012 to explore the possibility of providing a broader civil law remedy for affected parties. For example, this could be a provision to be enacted in appropriate primary legislation along the lines that a person substantially deprived of the enjoyment of his or her property due to the deprivation of light caused by high trees on a neighbouring property could apply to the courts for an order and that the courts court make an order as they saw fit.

The Minister for Justice and Equality responded in July 2012 suggesting that such disputes could perhaps be more appropriately dealt with through mediation rather than through the courts. I understand that the Department of Justice and Equality intends to publish a mediation Bill during 2014.

My Department has also looked at the “high hedges” legislation operating in Great Britain and Northern Ireland. Under these provisions, an owner or occupier of a property, having made reasonable attempts to resolve the matter with their neighbour, may make a complaint to a local authority that high hedges or trees on a neighbouring property are affecting their reasonable enjoyment of their home. Following its assessment, the local authority will decide whether to issue a remedial order requiring the cutting back or maintenance of the trees or hedges in question. Failure to comply with the requirements of a remedial notice is an offence and subject to a fine and is enforceable through the courts.

While the UK regulatory regimes have merit, the implementation of a comparable system in Ireland would have significant resource implications for local authorities in the investigation of complaints, the issuing of notices and the enforcement of same. It should also be noted that the UK local authority schemes require their case processing costs to be carried by the individual complainant, which can be quite onerous. The enactment of bye-laws would similarly have resource implications for local authorities in respect of enforcement. My Department will, however, give consideration to the high trees issue in the context of its legislative programme.

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