Land Owner never cut their hedges. Council does not enforce the law.

Leyla59

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Hi all ! I live on a small rural road. Most of the land of both sides of the road is owned by the same big Farmer. Since ca 2006 and before the neighbours and myself have problems that the hedges are never cut during the legal time period. In summer it can be dangerous because there are a few bends and the vegetation is closing in.
The neighbours and myself have been on to the County Council many times but only once in the last 15 years or so it was cut by the Council because there were road works in the area . This was a gesture of good will nothing more. But in the last years whenever I have contacted the local Council about the matter I got the reply that it was forwarded to the Roads Department and nothing else happens. Now again the season for hedge cutting comes to close and nothing has happened. I have acknowledgement letters going back to 2006 about the matter by the Council.
Now I am thinking of getting legal advice about it, it is so frustrating. Any ideas what would be wise?
 
Any ideas what would be wise?

All hedges can be cut from September to the end of February, but roadsides can be done anytime if there is a visibilty issue.

Get onto your local Council by phone (or call to the Council offices) and follow up with a letter detailing the road in question and they will generally send a letter to the landowners in question telling them to cut the hedges. They usually threaten legal action if ignored.

Your local TD's constituency office might be worth a call too.


1.3 Between the 1st March and 31st August each year it is an offence under Section 40 (1)(a) of the Wildlife Act 1976 as amended by the Wildlife (Amendment) Act 2000 and the Heritage Act 2018 to cut, grub, burn or otherwise destroy any vegetation growing on any land not then cultivated or growing in any hedge or ditch. Exceptions exist in respect of certain works relating to agriculture, fisheries development works, forestry work, public safety, road and other construction works and noxious weeds.

Part in bold is mine.... so as a matter of public safety, it can be cut after March 1st.
 
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All hedges can be cut from September to the end of February, but roadsides can be done anytime if there is a visibilty issue.

Get onto your local Council by phone (or call to the Council offices) and follow up with a letter detailing the road in question and they will generally send a letter to the landowners in question telling them to cut the hedges. They usually threaten legal action if ignored.

Your local TD's constituency office might be worth a call too.


1.3 Between the 1st March and 31st August each year it is an offence under Section 40 (1)(a) of the Wildlife Act 1976 as amended by the Wildlife (Amendment) Act 2000 and the Heritage Act 2018 to cut, grub, burn or otherwise destroy any vegetation growing on any land not then cultivated or growing in any hedge or ditch. Exceptions exist in respect of certain works relating to agriculture, fisheries development works, forestry work, public safety, road and other construction works and noxious weeds.

Part in bold is mine.... so as a matter of public safety, it can be cut after March 1st.
Thanks for your reply. Some years ago I phoned the Council Office and the person I spoke to mentioned sending out a letter to the land owner. The person also said that if this is letter was ignored there would be legal action but that they (the Council) don't like to go down that road.....
Regarding the TD's......I fell out with them when MUP was introcuced ;-)
 
Thanks for your reply. Some years ago I phoned the Council Office and the person I spoke to mentioned sending out a letter to the land owner. The person also said that if this is letter was ignored there would be legal action but that they (the Council) don't like to go down that road.....
Regarding the TD's......I fell out with them when MUP was introcuced ;-)
My experience dealing with the Council by phone is just a complete waste of time.
Phone the Council get the managers name over roads etc. In writing state clearly that you have made complaints by phone to no avail. There is a clear hazard due to the fact of abc. Should there be no action taking lodge a formal complaint. Do not be nice or your valid concerns will go nowhere.
 
My experience dealing with the Council by phone is just a complete waste of time.
Phone the Council get the managers name over roads etc. In writing state clearly that you have made complaints by phone to no avail. There is a clear hazard due to the fact of abc. Should there be no action taking lodge a formal complaint. Do not be nice or your valid concerns will go nowhere.
Thanks ! I see no other way. But how can I lodge a complaint? They ignore it.
 
You can also contact any county councillor of any party and ask them to follow up on your behalf.

This. It's a council matter so - together with your neighbours - contact one (or all) of your local councillors and point out that you've been asking the Council for years to take action on this without any success.
 
Suggestion.

1. Send a clearly worded letter of complaint to the local authority by registered post. Make sure that it is worded as being a formal complaint.

2. Set a time limit of 21 days for a reply on the basis that you will consider your complaint rejected if you get no reply by then.

3. If no answer - or no satisfactory answer - refer it to the ombudsman at ombudsman.ie Local authorities are subject to their jurisdiction.

I am not insulting you by emphasising that the complaint is clearly worded ! With local authorities you need to make complaints perfectly unambiguous as they have a remarkably slippery skill at conveniently misconstruing any ambivalence and rendering your complaint nugatory.
 
Never waste your time emailing or phone public bodies. Put a letter in the post. From long experience it is 10 times more effective.

1. Send a clearly worded letter of complaint to the local authority by registered post. Make sure that it is worded as being a formal complaint.
I would advocate this approach. Even better would be to look up your county manager online and address it directly to them for their personal attention.

Be thorough and don't be vague. Document the issue clearly. Include photos. Include a google maps location. Name the landowner. Make it clear that the CoCo is in breach of its legal obligations as set out above.

If nothing happens write the same letter in a month's time.
 
If it were me when addressing their legal obligations, in the registered letter, I would over emphasise the dangers in this situation for drivers and pedestrians.
Failing that find a neighbour who is willing to take one for the team and run them down at a particularly overgrown section of the road :D
 
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