Neighbour taking out 100m hedge of mature trees

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Popstar99

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Garda say it legal under section 19 of the Forestry Act.

Table 1. Common scenarios where trees can be felled without the need to submit a tree felling licence application under Section 19 of the Forestry Act 2014

Tree outside a forest— on an agricultural holding and removed by the owner for use on that holding, provided— (I) it does not form part of a decorative avenue or ring of trees, (II) its volume does not exceed 3 cubic metres, and (III) the removal of it, by the owner for the foregoing purpose, when taken together with the removal of other such trees by the owner for that purpose, would not result in the total volume of trees, on that holding and removed by the owner for that purpose, exceeding 15 cubic metres in any period of 12 months.

To be honest we're shocked it can be done in July - we are on the edge of a natioanl park (but not inside it) - we have nesting owls / buzzards / horse shoe bats. Not to mention the fact that it is nesting season.

Can anyone advise? The neighbour isn't a farmer (so could the agricultural holding - bolded above - be questioned?
The volume of the trees could definately be questioned as they were all 10m+high. About 50m pulled out so far.

Thanks in advance
 
I guess a wildlife, nature, bat or tree conservation group might be your first help. If your neighbour is breaking by-laws they probably know better than a local Garda. Plus they may have solicitors who act for them, that could request they cease or pause the work if they are in breach.

Or try the national parks and wildlife service, a local wildlife ranger, could give advice. I see from their website you need a licence to Disturb Bats or Otters or their Breeding or Resting Places
 
Have you spoken to this person at all? Are the trees around his house, is there something wrong with them, doing it for viewing purposes, for firewood, etc, etc.? You don't say why he/she might be taking the trees down.
 
Are all the other scenarios in Section 19, that allow tree felling without a licence, irrelevant in this case also?

Here are some common scenarios where trees can be felled without the need to submit a tree felling licence application under Section 19 of the Forestry Act, 2014:

  • A tree in an urban area. An urban area is an area that comprised a city, town or borough specified in Part 2 of Schedule 5 and in Schedule 6 of the Local Government Act 2001 before the enactment of the Local Government Reform Act 2014.
  • 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.
  • A tree less than five years of age that came about through natural regeneration and removed from a field as part of the normal maintenance of agricultural land (but not where the tree is standing in a hedgerow).
  • A tree uprooted in a nursery for the purpose of transplantation.
  • A tree of the willow or poplar species planted and maintained solely for fuel under a short rotation coppice.
  • Trees outside a forest – 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.
  • Trees outside a forest – the removal of which is specified in a grant of planning permission.
  • Trees outside a forest – of the hawthorn or blackthorn species.
  • Trees outside a forest – in a hedgerow and felled for the purposes of its trimming, provided that the tree does not exceed 20 centimetres in diameter when measured 1.3 metres from the ground.
 
demoivre said:
Are all the other scenarios in Section 19, that allow tree felling without a licence, irrelevant in this case also?

Here are some common scenarios where trees can be felled without the need to submit a tree felling licence application under Section 19 of the Forestry Act, 2014:

  • A tree in an urban area. An urban area is an area that comprised a city, town or borough specified in Part 2 of Schedule 5 and in Schedule 6 of the Local Government Act 2001 before the enactment of the Local Government Reform Act 2014.
  • 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.
  • A tree less than five years of age that came about through natural regeneration and removed from a field as part of the normal maintenance of agricultural land (but not where the tree is standing in a hedgerow).
  • A tree uprooted in a nursery for the purpose of transplantation.
  • A tree of the willow or poplar species planted and maintained solely for fuel under a short rotation coppice.
  • Trees outside a forest – 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.
  • Trees outside a forest – the removal of which is specified in a grant of planning permission.
  • Trees outside a forest – of the hawthorn or blackthorn species.
  • Trees outside a forest – in a hedgerow and felled for the purposes of its trimming, provided that the tree does not exceed 20 centimetres in diameter when measured 1.3 metres from the ground.
Click to expand...
Trees are in rural setting.
Not near any buildings
Trees form part of a hedgerow and are older than 5 years.
Not from a nursery .
Not willow or poplar planted for fuel.
Not near a public road.
not part of a planning application.
Not hawthorn or blackthorn.
The trees are definately bigger than 20cms.

I spoke to Dept again yesterday - they told me gardai are incorrect and that they will send an inspector to check.
What bothers me the most is the fact that its nesting season. We have owls nesting in that area.
 
Are they leylandii? I cut severely back a row of leylandii hedge during 'off' season, council told me to! Nothing nesting in it anyway though, I don't think anything likes it for nests but could be wrong, just what I read on gardening forum! :) In fact I don't think anyone likes it at all!
 
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