Tommy Broughan (Dublin North East, Independent)
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462. To ask the Minister for Environment, Community and Local Government if he has considered legislation in relation to neighbouring overhanging trees which block light and cause structural damage and create danger in case of storms or high winds and where the neighbour is not agreeable to the overhang being cut back or removed; and if he will make a statement on the matter. [2249/16]

Paudie Coffey (Waterford, Fine Gael)
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Planning legislation places no specific restrictions on the height of trees, nor does it make any particular provision for remedy from any other nuisance which may be caused by trees in an urban residential area. However there is currently a civil remedy available concerning branches or roots of neighbouring trees encroaching on a person’s property. The previous Minister of State for Housing and Planning wrote to the Minister for Justice in June 2012 to explore the possibility of providing a broader civil law remedy for parties affected by high trees and hedges on adjoining properties. In this regard, advice was sought on the possibility of legislative provision being made whereby a person substantially deprived of the enjoyment of their property, such as the deprivation of light caused by high trees on a neighbouring property, could apply to the Courts for an order, and that the Courts could make an order as they see fit, e.g. to cut the trees back to an appropriate height. 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 – which is being increasingly used internationally as a tool for the resolution of civil disputes - rather than through the Courts. In this regard, I understand that the Minister for Justice is giving consideration to a Mediation Bill which would assist in speeding up the resolution of civil disputes of this nature, reduce legal costs and ameliorate the stress of contested court proceedings.