Fergus O'Dowd (Louth, Fine Gael)
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Question 156: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that heritage trees listed for preservation in the Drogheda development plan and cut down by a developer had no protection due to the failure of the local authority to implement tree protection orders; his views on such a failure; if he will communicate this concern to the local authority concerned; his further views on putting in place regulations controlling the removal of heritage trees identified in development plans but for which no TPO's have been put in place; and if he will make a statement on the matter. [32687/08]

John Gormley (Dublin South East, Green Party)
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I am aware of the case referred to in the Question. The making of a Tree Preservation Order, in exercise of the powers provided under section 205 of the Planning and Development Act 2000, is a matter for the relevant planning authority. I have no function in the matter. However, my Department will shortly write to planning authorities again bringing to their attention Tree Preservation Guidelines issued by the Department and requesting them to take all necessary action, including the making of Tree Preservation Orders, to ensure that the important amenity value of trees is protected and enhanced wherever possible.

Under the Planning and Development Act 2000, planning authorities may include objectives in a development plan for the preservation and protection of trees. The inclusion of such an objective conveys a policy intention and, to be effective, it should be implemented by means of Tree Preservation Orders. In serving and publishing notice of its intention to make such an Order, a planning authority must attach a map to such notice indicating the tree, trees, group of trees or woodland to be preserved. Without such a site specific map, there is no meaningful way of identifying which, out of potentially many trees on a major site, should be classified as being of "heritage" value and to be protected accordingly. Therefore, I do not consider that a general regulatory provision controlling the removal of "heritage" trees prior to the making of a specific Tree Preservation Order would be useful or enforceable.