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Developer wants to put tree in front lawn after closing

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  • Registered Users Posts: 27,163 ✭✭✭✭GreeBo


    cnocbui wrote: »
    I am a bit puzzled by the planning permission aspect. As I understand it, if a tree is within 100' of a house, you have the legal right to deal with it as you wish and do not require a council permit to remove it. I would have thought that would also overrule any planning aspect also.

    Make sure they don't plant a Sycamore.

    Thats certainly not the councils response when we investigated tree removal/pruning (of the 6 Sycamores they planted outside our house) thankfully 1 died and another was removed due to path upheaval.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Victor wrote: »
    Realise that trees add 10-20% to the value of your property.There are species that don't do this.
    10-20%? A tree in the front garden makes a €300k house worth €360k?

    Did you accidentally add a zero after both of those numbers? :)

    For the OP. I'd let him go ahead. You could find yourself having to deal with pain from the council if the planning hasn't been complied with. In 12-24 months you can then remove it again if you don't like it.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Doop wrote: »
    :confused: any link to back that up?
    He's referring to the requirement to obtain a licence. If a tree is within 100' of any permanent structure, it can be removed without permission from the council.

    Of course, you still need the permission of the person who owns the tree.


  • Registered Users Posts: 2,530 ✭✭✭Car99


    snor wrote: »
    Really? Would the stump just breaks down then?

    Yes the round up travels down the roots and kills them. Then the stump will rot away .


  • Registered Users Posts: 20,054 ✭✭✭✭cnocbui


    Doop wrote: »
    :confused: any link to back that up?

    The planning permission that was granted for the development included landscaping therefore the developer is getting around to doing it now.
    OP if you dont want a tree... say no.. its your property the council arent going to issue an enforcement notice over one tree in one garden. That being said I cant understand why you would turn them down, free tree, you maintain it as you see fit, if it starts to get to big after a number of yrs...cut it down... Each to their own I guess!
    Table 1. Common scenarios where trees can be felled without the need to submit a tree felling licence applicationunder Section 19 of the Forestry Act 2014

    Scenario
    ...
    A tree within 30 metres of a building (other than a wall or temporary structure), but excluding any building built after the trees were planted.
    ...
    within 10 metres of a public road and which, in the opinion of
    the owner (being an opinion formed on reasonable grounds), is dangerous to persons using the public road on account of its age or condition.
    https://www.agriculture.gov.ie/media/migration/forestry/treefelling/ExemptedTreeInformationNote271017.pdf


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  • Registered Users Posts: 27,163 ✭✭✭✭GreeBo


    seamus wrote: »
    He's referring to the requirement to obtain a licence. If a tree is within 100' of any permanent structure, it can be removed without permission from the council.

    Of course, you still need the permission of the person who owns the tree.

    Wouldn't it be the council that owns it, if its out on the verge?


  • Registered Users Posts: 173 ✭✭ElWalrus


    Still waiting for details from developer, but saw that they have put them in front of the next phase houses already. Center of the side lawn, no good with trees, but they look like a mixture of birch (I think) and the like.

    I think I'll let them go ahead, it is a free tree after all. And like some of you said, if I don't like it, I'll replace it. Thanks for the comments.


  • Registered Users Posts: 68 ✭✭Arklow10


    Its probably a native Irish tree that is suitable for this environment.
    It would have been a planning requirement.
    It will add to the estate generally.
    Because the tree type would have been selected for an estate you will not have an issue with broken footpaths, damage to house foundations etc.


  • Registered Users Posts: 223 ✭✭super_sweeney


    sure if the sale is closed and you guys are in its a bit of tough luck to the builder and you can just say no and that if they are trespassing on private property if they try put one in? I know my builder wanted to come in and swap some paving stones in my back yard after i moved in I politely said no i was happy with the ones I had. He still tried on the sly and i was home when his guys tried to sneak around the back and i just politely told them they were trespassing never saw them again


  • Registered Users Posts: 3,167 ✭✭✭Dearg81


    seamus wrote:
    10-20%? A tree in the front garden makes a €300k house worth €360k?

    No it makes it worth tree hundred and sixty thousand.


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  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    sure if the sale is closed and you guys are in its a bit of tough luck to the builder and you can just say no and that if they are trespassing on private property if they try put one in?
    Not if it's a planning requirement. These requirements are effectively on the property, so if you buy a property which has not been constructed in accordance with the planning requirements, then you may have a hefty bill to correct it.

    How a single tree factors in here, who knows. Does it form part of the overall plan or was it designated on the plans to go specifically into the OP's garden?

    If it's the latter case, then the OP may have no choice but to plant it as per the plans - which often designate the type of tree that must be planted.


  • Registered Users Posts: 2,124 ✭✭✭Unknown Soldier


    cnocbui wrote: »
    GreeBo wrote: »
    Wouldn't it be the council that owns it, if its out on the verge?

    from the linked document. I don't think you can willy nilly cut down trees because you don't like them. I have a couple of trees behind my gaff, between the wall and the main road that I'd like to see gone, but when I looked into it, I am nearly sure I wasn't allowed to touch them.
    Note that under the Planning and Development Acts 2000 to 2011 the Local Authorities
    have a mandatory responsibility to include objectives in the Development Plan relating
    to the preserving of amenities. This empowers the planning authority to make provision
    for tree preservation by establishing a Tree Preservation Order (TPO). No tree covered
    by a TPO may be felled, topped, lopped or destroyed without the consent of the planning
    authority.
    


  • Closed Accounts Posts: 12,449 ✭✭✭✭pwurple


    Free tree! Awesome.

    Tell him thanks very much.


  • Registered Users Posts: 20,054 ✭✭✭✭cnocbui


    pwurple wrote: »
    Free tree! Awesome.

    Tell him thanks very much.

    My many sycamore attempt to provide me with many free trees every year: In the gutters, in the windshield wiper recess on the car, cracks between the paving stones, in the paving drains, in the lawn, in the flower beds, probably in me if I stood still for more than 5 minutes.

    Definitely not awesome!


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