Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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173. To ask the Minister for Environment, Community and Local Government the legislation relating to the maintenance of privately owned trees when they endanger the private property of another person; and if he will make a statement on the matter. [18057/16]

Simon Coveney (Cork South Central, 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. Safety considerations relating to overhanging trees could also potentially be addressed in any such provisions.

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 Department of Justice is currently progressing the drafting of a Mediation Bill, aimed at assisting in speeding up the resolution of civil disputes of this nature, thereby reducing legal costs associated with, and ameliorating the stress of, involvement in such contested court proceedings.