Landowners - Please take note
Roadside Trees, hedges and Shrubs etc. need to be cut back
Section 70 of the Roads Act, 1993;
- Obliges the owner or occupier of land to take all reasonable steps to ensure that trees, shrubs etc., on the land are not a hazard or potential hazard to road users and that they do not obstruct or interfere with the safe use of, or maintenance of a public road.
- Allows a road authority to serve a notice on the owner or occupier of the land requiring the preservation felling, cutting, lopping, trimming or removal within a specified period, of any tree, shrub, et., which is a hazard to road users, road safety etc., and to remove all cuttings and trimmings.
- Entitles the person on whom a notice is served to appeal against the notice within 14 days to the District Court, which may confirm the notice with or without modification or annul it.
- Makes it an offence for an owner or occupier of land to fail to comply with a notice and, in such circumstances, allows the road authority to take the action specified in the notice or such other action as it thinks fit, and to recover any reasonable costs incurred from the owner or occupier as a simple contract debt in any court of competent jurisdiction.
- Allows a road authority to take immediate action to reduce, remove the hazard where it considers that a tree, shrub, hedge or other vegetation presents an immediate and serious hazard to persons using a public road.
As owner/occupier you are requested to take immediate corrective action to ensure that your hedges/trees to not pose a hazard to road users. You should now carry out any required work.
Note: Hedge-cutters should be particularly alert to the presence of Japanese knotweed growing in hedges. Japanese knotweed should not be cut as this is the principle manner in which it is spread and transported to other sites. Neither should there be any ground disturbance at any infected sites at any time of year. It is an offence under the Regulations 49 and 50 of the European Communities (Birds and Natural Habitats) Regulations 2011 to cause the spread of Japanese knotweed. Your co-operation in this matter is appreciated.
Tim Butler, Director of Services,
Transportation, Corporate Affairs & Emergency Services