Advice re Council Tree

Hi,

There is a tree on council land which is overhanging my property. It’s encroaching on the garden, it’s blocking the light at certain times of the day, and in terms of scale it has become very large relative to the surrounding properties.

What should I do? Google seems to suggest that I can cut-down any part that’s overhanging my garden.

Many thanks.

You can of course cut any branches that overhang your property, returning them to the council land. As for the rest write to the council's environmental officer.

We are in the SDCC catchment area and are in a similar situation to yourself. Down through the years I have had to get different Councillors to get the Council to tidy up their land and cut the trees back. They did admit many moons ago that the Council planted the wrong type of trees all over Tallaght and other areas nearby hence as you mention the 'terms of scale' problem. I have heard that they are totally overwhelmed with the problem.

With change of staff in the Council they appear to be more into tree preservation rather than cutting back or chopping down. When they paid their last visit to our area I explained that we were having the same problem as yourself with the light situation and a lot of leaves falling into our garden. They said they had cut back as much as they could and refused to go any further.

I have read on Google and many times on AAM that we don't have a 'right to light'. I understand that you can cut down the overhanging branches but must return them to the owner. Personally I would prefer to get the Council out to either do the job themselves or speak to them before cutting but then I'm a bit of a coward when it comes to organisation like Councils

Thank you. When you say return them to Council land, do you mean chop the offending parts of tree off and then dump the cuttings out on the street? Would that not annoy other people? This stuff seems pretty expensive too; will the Council do it for me if I hassle them enough? There is another aspect to it; if the tree in question came down in one of these storms we seem to be having more of these days, it could do massive damage, hundreds of thousands of Euros worth perhaps.

They put totally unsuitable fruit bearing trees in narrow streets in Marino, in last 12 months several have been removed where the trees had gotten especially large - but took a lot of badgering by the residents \ councillors.

Contacting council wth picture of the tree and stating this notification will be used as documentary evidence if any future damage is caused to your property as a result of their failure to properly maintain the tree - might spur them into action.

Gordon Gekko said:

Thank you. When you say return them to Council land, do you mean chop the offending parts of tree off and then dump the cuttings out on the street? Would that not annoy other people? This stuff seems pretty expensive too; will the Council do it for me if I hassle them enough? There is another aspect to it; if the tree in question came down in one of these storms we seem to be having more of these days, it could do massive damage, hundreds of thousands of Euro’s worth perhaps.

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Don't cut them down until Sept. I am also in SDCC and it is illegal to cut until Sept. Something to do with birds nesting.

I am on a residents assoc and we were hammered on this last year when we removed bushes, hedging and trees. These were overgrown and people were dumping rubbish in them.

The Horseman said:

Don't cut them down until Sept.

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I think it's March to September where it's illegal although I can state for a fact that it's not enforced locally (sticks-ville) on farmers or their contractors.

@gordon I didn't realise it they grew on the street. You'll probably have to ask them to make a skip available to you in which to place the off-cuts or ask them to supply a lorry/wood-chipper.

Depending on how high up in the tree you wish to trim inline with your property-line, you may need a tree-surgeon and have them liaise with the council on your behalf.

You are supposed to 'offer' the cut off bits back to the owner and not just dump them there but not that easy when it's a council, maybe give them advance warning of when you intend to cut and tell them you will be leaving them on their side so they can collect promptly

mathepac said:

I think it's March to September where it's illegal although I can state for a fact that it's not enforced locally (sticks-ville) on farmers or their contractors.

@gordon I didn't realise it they grew on the street. You'll probably have to ask them to make a skip available to you in which to place the off-cuts or ask them to supply a lorry/wood-chipper.

Depending on how high up in the tree you wish to trim inline with your property-line, you may need a tree-surgeon and have them liaise with the council on your behalf.

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I have a contact in the council who advised they get numerous complaints when trees are cut down.

For what its worth I would hold off until later in the year. I know the lads in the council are under a lot of pressure at the moment because of the virus etc. They have less then half their normal outdoor crews.

The Horseman said:

I have a contact in the council who advised they get numerous complaints when trees are cut down.

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This is the second time "cutting down" has been mentioned. Neither Gordon nor I have mentioned "cutting down" anything, trees, booze or any other indulgences . Trimming back to the property boundary overhanging branches or foliage is an acceptable and sometimes necessary maintenance.

I presume a reputable tree surgeon would know the lie of the land? i.e. what’s possible, what’s legal, etc.

mathepac said:

This is the second time "cutting down" has been mentioned. Neither Gordon nor I have mentioned "cutting down" anything, trees, booze or any other indulgences . Trimming back to the property boundary overhanging branches or foliage is an acceptable and sometimes necessary maintenance.

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I simply tried to offer some advice based on my experience. Do what you think is appropriate.

Gordon Gekko said:

I presume a reputable tree surgeon would know the lie of the land? i.e. what’s possible, what’s legal, etc.

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A call to your local T.D. or Councillor sounds an initial cheaper or handier option for advice. They should know the lie of the land for your area.

Sue Ellen said:

A call to your local T.D. or Councillor sounds an initial cheaper or handier option for advice. They should know the lie of the land for your area.

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Thanks

Ive in a similar situation whereby a group of trees, some on private land and some on public are causing damage to my property boundary walls, roof and gutters. I eventually managed to get a contact number for the head of the department in question in the council but having fierce problems even getting him to respond after initial contact.

Two things you can look at are a tree preservation order. This is not only about preserving trees but can also be used to enforce adequate maintenance to ensure they do not cause damage. Another is a section 70 order...some info below