Terence Flanagan (Dublin North East, Independent)
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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.

Fergus O'Dowd (Louth, Fine Gael)
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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.

Terence Flanagan (Dublin North East, Independent)
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I thank the Minister of State for his response and I note that he referred to the fact that a neighbour having a difficulty may apply to the court for an order and the courts may make an order as they see fit. Perhaps that is something that my constituent can follow up on in this particular case.

The mediation Bill will not deal with it to the degree that has been referred to here. I do not think it will deal fully with this particular situation. The Minister of State referred to the “high hedges” legislation in Great Britain and Northern Ireland. He said that we might not be able to implement this legislation here because of the significant resources that are required. Could he define exactly what he means by that? Local authorities are responsible for maintaining trees within their own areas. Perhaps the people who are involved in that work would be able to adjudicate where issues arise, particularly major issues like the case I outlined involving a 60 ft. tree that would cause significant damage if it was to fall down on a neighbour. Surely a local authority would be able to make adjudication in a fairly straightforward fashion having examined the tree in question.

On a related topic, residents consistently complain about local authorities and the length of time it takes for local authorities to cut down trees. In particular, I am informed by Fingal County Council that it is unable to prune or cut down trees because it does not have the available resources and that the tree in question will be listed in a future programme of works. This has been ongoing on a consistent basis. Local authorities have failed. They have not maintained their own stock of trees. In some instances, they have just planted the trees and left them. They have never pruned or maintained them down through the years. This causes much distress for residents as well.

Two areas need to be looked at. Local authorities must be serious about helping and adjudicating on situations where residents have concerns. They are very genuine concerns that are being raised with all Deputies in this House and this area must be looked at seriously by the Minister.

Fergus O'Dowd (Louth, Fine Gael)
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I thank Deputy Flanagan for his contribution and the points he raised. I will ask for a direct reply from the Department in respect of the query he raised about the costs and why that would be prohibitive and the way in which it would be prohibitive. My Department will give consideration to the high trees issues in the context of its legislative programme and will have to identify the most cost-effective approach. We have to discover the most common sense and effective way to do it. I agree with the Deputy because I have heard cases in which people are placed at a big disadvantage. They may not have the resources to hire a solicitor and go to court.

Our local authorities are already operating under resource constraints and restrictions, as the Deputy noted. They must enforce many statutory codes including planning, building control and fire safety so if we introduce a new resource-intensive response, we must be able to justify it. I am happy to bring that to the attention of the Minister for direct reply to the Deputy if that is acceptable.