Trees and Planning Permission – A Tree Inspector’s View

The Planning Authority in your area may require that trees be preserved, or require licences to be issued for their removal.

Planning Authorities are responsible for the protection of the amenity value of certain areas, and for the protection of the environment in general. They are empowered to make preservation orders for any tree, group of trees, or woodlands to prohibit the felling or alteration of any trees. They may also require the owner of any such trees, or stands of trees, to enter into tree management agreements in order to ensure the protection and preservation of such trees into the future.

Disclaimer The following sections are for general information only. It should not be taken as, or a replacement for, professional legal advice. It is recommended that you seek legal counsel if you are ever unsure of the legal implications of any development you intend to undertake on your property.

Planning and Development Act 2000, Section 205

This covers the powers of the Local Planning Authoity to protect and preserve trees. You can find the relevant section here:
http://www.irishstatutebook.ie/eli/2000/act/30/section/205/enacted/en/html

The Forestry Act, 1946, defines the law in relation to the feling of trees

Tree Felling Licences and Planning Permissions Under Section 37 of the Forestry Act, 1946, with certain exceptions, it is illegal to uproot a tree over ten years of age or cut down a tree of any age unless notice of intention to do so has been given in accordance with the act.

If the planning permission issued is in respect of an area located within the boundaries of a town, borough, or city council area, then a felling licence is not required. However, with very few exceptions, if it is proposed to fell trees anywhere else a licence is required, irrespective of whether planning permission is held or not. Failure to obtain a Tree Felling Licence can result in a criminal conviction. In cases where a landowner is convicted of illegal felling, the Department of Agriculture, Fisheries and Food makes a legally binding order to replant the trees that have been felled.

Where planning permission has been granted in respect of such a site, a replanting order may be in direct conflict with the planning permission. A replanting order may affect the landowners right to proceed with the building development, or may cause the owner to suffer the substantial extra cost of having to buy alternative planting land. Not obtaining a Tree Felling Licence when required can have serious consequences.

With certain exception it is an offence, under the Forestry Act 1946, to fell trees without a felling licence having been granted by the Forest Service. Failure to obtain a felling licence when necessary, may result in a criminal prosecution. Developers are advised to contact: the Felling Section, Forest Service, Department of Agriculture and Food, Johnstown Castle Estate, Co Wexford Tel: (053) 9163400 before undertaking any tree felling.

What We Do

When submitting planning applications your planning authority may ask you to provide a detailed tree report and / or an impact assessment showing how existing trees on your site may be impacted by any developments that you propose. The report is provided as a standalone document but would be seen as a vital part of your proposed plans.
A poorly drawn up tree report may create a serious stumbling block in your planning application and may ultimately delay the planning application process until an acceptable report is provided. The planning authorities require that such written reports are undertaken by a sufficiently qualified inspector who would most likely be a member of the ISA, the International Society of Certified Arborists, or some other internationally recognised body that specialises in the care and assessment of trees.

How a Tree Report for Planning is carried out:

  • A site visit to meet with the client and discuss their needs.
  • Identify and record all the trees that are relevant to the site; this would include placing a numbered tag (about the size of a 2 Euro coin) fixed to the tree.
  • Assess each tree’s relevant characteristics, such as height, vigour, life stage, crown size, girth, etc.
  • Record all findings and present as a document that complies with planning requirements.

 

Trees and Planning Permission – Additional Resources