Jan O'Sullivan (Limerick City, Labour)
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There is currently a civil remedy available concerning branches or roots of neighbouring trees encroaching on one’s property. I will, however, give consideration to the proposal in the question with regard to trees acutely impacting on neighbouring properties in the context of the review of the Planning and Development Act. On the specific issue of dangerous trees, I understand that Section 70 of the Roads Act, 1993 obliges the owner or occupier of land to take all reasonable steps to ensure that trees on the land are not a hazard or potential hazard to road users and that they do not obstruct or interfere with the safe use of, or maintenance of a public road. The relevant road authority may serve a notice on the owner or occupier of the land requiring the preservation, felling, cutting, lopping, trimming or removal within a specified time period of any tree which is a hazard or potential hazard to road users and road safety. I also understand that under Section 58 of the Communications Regulation Act 2002, a network operator or any person authorised by the operator may lop or cut any tree, shrub or hedge which obstructs or interferes with any physical infrastructure of the network operator.