Written answers
Tuesday, 4 November 2014
Department of Environment, Community and Local Government
Planning Issues
Eamon Gilmore (Dún Laoghaire, Labour)
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1015. To ask the Minister for Environment, Community and Local Government if consideration has been given to the introduction of legislation to limit hedge and tree height on domestic properties, similar to that dealt with under Part 8 of the Anti-Social Behaviour Act 2003 in the UK, and the High Hedges Act 2011 in Northern Ireland; and if he will make a statement on the matter. [41394/14]
Alan Kelly (Tipperary North, Labour)
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There is currently a civil remedy available concerning branches or roots of neighbouring trees encroaching on a person’s property. I will, however, give consideration to the issue of trees acutely impacting on neighbouring properties and possible regulatory measures to address this. The UK model is one legislative option in this regard and will be taken into account in that context.
The previous Minister of State for Housing and Planning wrote to the Minister for Justice on this issue in June 2012 to explore the possibility of providing a broader civil law remedy for affected parties. The Minister for Justice responded in July 2012 suggesting that disputes of this nature between neighbours could perhaps be more appropriately dealt with through mediation rather than through the Courts. I understand that the Department of Justice proposes to publish a Mediation Bill during 2015.
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