Written answers

Thursday, 20 September 2012

Department of Environment, Community and Local Government

Planning Issues

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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To ask the Minister for Environment, Community and Local Government the rights that householders have in cases in which a neighbour's tree is hanging dangerously over the householders house or property; if local authorities have the power to intervene; and if he will make a statement on the matter. [39676/12]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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There is no legislation in Ireland regulating the height of trees and hedges. My Department understands that there is no right in Irish law to receive light in a garden and that, while there is a civil remedy, of nuisance, available in respect of the branches or roots of a neighbour's trees encroaching on one's property, there is no civil law remedy in respect of the loss of light in a garden due to a neighbour's high trees or hedges. While I have no proposals to introduce legislation to deal with this issue I have written to my colleague the Minister for Justice and Equality suggesting that we might give consideration to potential alternative options towards the introduction of a civil remedy in this matter.

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)
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To ask the Minister for Environment, Community and Local Government his plans to review the planning and development regulations with a view to amending the regulations in which applicants are required to place planning notices in a national newspaper for proposed developments of a minor scale, such as an extension to a house; in view of the fact that the cost of placing such a notice is very costly; and if he will make a statement on the matter. [39706/12]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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All aspects of the Planning Regulations, including the requirement to publish notice of planning applications in a national newspaper, are kept under review in my Department. I have no plans currently to amend the newspaper notice requirements for planning applications.

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