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Tree felling boundary line

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  • 11-04-2024 3:40pm
    #1
    Registered Users Posts: 29


    My garden backs to a secondary school. There were trees along the boundary wall (on school side). They offered great privacy. This morning most of them were chopped down. I was not notified. One tree remains but branches were trimmed from that so just branch stumps remain. It looks awful. All the privacy in my garden is gone. Looking out at the trees always gave me a lovely boost. I loved to sit in the garden and watch the birds. Now I can see a carpark. I am devastated. Should I have been notified of this? I thought that trees were not allowed to be felled at this time of year?



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Comments

  • Registered Users Posts: 6,188 ✭✭✭emo72


    no they can do what they want, its on their side. all you can do is plant trees on your side, but theres maintenence involved for you then.



  • Registered Users Posts: 2,006 ✭✭✭Smee_Again


    If the wall is the boundary and the tress are on other side of the it then the trees aren't the boundary.

    Similar thing happened to me, lovely trees about 6 feet back from the boundary with a lot a song birds were trimmed about 2 years ago and the birds haven't been back since.



  • Registered Users Posts: 29 MyUnicornWorld


    It's devastating. They were planted along the boundary wall, not in my property but branches came into my garden.

    Shocking that no permission is needed to cut down trees.



  • Registered Users Posts: 1,136 ✭✭✭kabakuyu


    Even more shocking that the school authorities would allow this to happen(I assume tress were on school property) bad example for the students.I would highlight it to the local press and maybe some new trees can be planted.



  • Registered Users Posts: 18,876 ✭✭✭✭Del2005


    Here are the rules for cutting down trees without a felling licence. If it doesn't meet these criteria the felling was illegal, only problem is that it'll be long time before any new trees provide privacy.

    Felling of trees - exempted trees

    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.

    • It does not form part of a decorative avenue or ring of treesIts volume does not exceed 3 cubic metres, andThat 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, exceeds 15 cubic metres in any period of 12 months.

    This exemption does not apply in the case of a tree:

    Within the curtilage or attendant grounds of a protected structure under Chapter 1 of Part IV of the Planning and Development Act of 2000 (Act of 2000)

    Within an area subject to a special amenity area order

    Within a landscape conservation area under section 204 of the Act of 2000

    That is more than 150 years old;

    • A monument or place recorded under section 12 of the National Monuments (Amendment) Act 1994A historic monument or archaeological area entered in the Register of Historic Monuments under section 5 of the National Monuments (Amendment) Act 1987A national monument in the ownership or guardianship of the Minister for the Arts, Heritage and the Gaeltacht under the National Monuments Acts 1930 to 1994A European Site or a Natural Heritage Area within the meaning of Regulation 2(1) of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

    https://www.teagasc.ie/crops/forestry/advice/general-topics/felling-of-trees---legal-requirements/#d.en.59882



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  • Registered Users Posts: 29 MyUnicornWorld


    I guess as I live in a town it would be considered an urban area so exempt. Surely trees in urban areas should be protected, there are so few of them and they are so beneficial.



  • Registered Users Posts: 1,338 ✭✭✭Archduke Franz Ferdinand


    the big question…. What sort of trees were they? Deciduous or the dreaded evergreen leylandii ?



  • Registered Users Posts: 14,019 ✭✭✭✭Dav010


    Op, if the wall is the boundary separating your property from the school’s, and the trees are inside the wall on their side, the trees are their property, not along the boundary wall. Their property, therefore I can’t see why they would need your permission to remove them.



  • Registered Users Posts: 10,444 ✭✭✭✭Jim_Hodge


    The trees are theirs, not yours. Plant trees on your side if you want trees. I'm sure there's a perfectly valid reason why the school went to the bother and expense of cutting the trees.



  • Registered Users Posts: 29 MyUnicornWorld


    There is no need fo the rude responses here.

    I completely understand they are not on my property. I hope there is a valid reason for their removal.

    Notification in advance would be appreciated as this has hugely impacted the enjoyment of my garden.

    Yes I will of course plant trees on my side but as these were mature trees it will be a very long time before I have the same privacy as before.

    These trees were a habitat to birds and squirrels. My children loved watching these.

    We are so lacking in trees in our urban areas and I think they are often felled without any consideration.



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  • Registered Users Posts: 14,019 ✭✭✭✭Dav010


    You asked if you should have been notified, and seemed to be saying that the trees were along the boundary. Op’s often feel slighted when they don’t get the response/affirmation they were looking for, when in fact all they got was the truth.



  • Registered Users Posts: 10,444 ✭✭✭✭Jim_Hodge


    What was rude? You just didn't get the response you wanted. You had a very strange reaction to somebody cutting their own tress, for their own reasons. Why on earth would they notify anybody, or everybody, who had a view of the trees? Trees, unfortunately, are being felled all over urban and rural areas for a multitude of reasons from Ash Dieback disease, to safety issues, to clearance for construction. As said, a school has finite resources and wouldn't go to the considerable expense of felling, or hard pruning, mature trees just for the heck of it.



  • Registered Users Posts: 7,012 ✭✭✭witnessmenow


    Why on earth would they notify anybody

    Well in fairness, the courteous thing would be to say it to a direct neighbour.

    When we moved into our house we ended up cutting down evergreen trees on our side of a wall, we let the neighbour know that we planned to do it ahead of time and that we planned to put a fence up instead. Ended up actually being a nice ice breaker as we get on well with them now.



  • Registered Users Posts: 14,019 ✭✭✭✭Dav010


    What would the op’s response have been if notified in advance? That should tell you why they moved ahead once the decision was made to remove the trees.



  • Registered Users Posts: 7,012 ✭✭✭witnessmenow


    I don't know what the ops response would be, can't imagine it would have been positive, but there might have been some more understanding to why etc. (upkeep was too expensive, roots were causing issue, was an insurance concern, don't like the look of them, whatever other reason)

    I just don't see an issue giving someone a heads up that your about to make a change. I'm not saying they needed to get ops permission, they can do what they like. But I'm sure they didn't wake up one day and decide to take down the trees

    If privacy is a concern for the op, the op could have started the ball rolling on getting a fence put in if they had advanced notice. I probably wouldn't enjoy having a school yard looking directly into my back garden unobstructed either.

    With the current state of things there is probably a bad relationship at least from the ops side to the school now and it could have potentially been avoided with a heads up



  • Registered Users Posts: 29 MyUnicornWorld


    I feel it would be common courtesy to be informed if trees are due to be chopped down which will directly affect your property. Of course I would not expect everybody who can see the trees to be informed!

    When these trees were being chopping down branches fell into my garden and on top of my shed. My children could have been outside playing or someone may have been in the shed.

    There is a low boundary wall between my property and the school. Had I been informed in advance I could have put up a higher fence and done some planting. Right now all the students walking along the path before and after school can see right into my garden and into my house.

    I understand if they were removed for safety reasons or rot etc. The safety of everyone walking along the path is obviously a priority. However I was not informed, I do not know the reasons. The first I knew about it was when I looked out my window and saw them all being chopped down.



  • Registered Users Posts: 14,019 ✭✭✭✭Dav010


    Put up a higher fence, and do some planting.



  • Registered Users Posts: 29 MyUnicornWorld


    As stated above it would have been nice to be notified in advance so I could have this done by now!!



  • Registered Users Posts: 7,049 ✭✭✭COH


    Apt username given that you seem to be living in dreamland 🙄



  • Registered Users Posts: 29 MyUnicornWorld


    Well I would certainly notify my neighbour if I was cutting down trees on my land which hugely impacted them. I would call that common courtesy and if I live in a dreamland I am glad that I do.



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  • Registered Users Posts: 396 ✭✭sliabh 1956


    MYW I know exactly how you feel I had the same experience in my previous house and it was one of the reasons we moved but in my case it was easier to move as we were downsizing. At the moment we are well protected , but one never knows as previous posters have said if the trees are not in your land you have little or no power to influence what decisions your neighbours make. As i said i know how you feel. One morning I left to go to town when I came returned i was met with a bomb site trees and ditches all removed . Mrs Sliabh and myself just stood there and gaped at the the scene. The fact that there was such privacy was one of the reasons we bought the house in the first place.



  • Registered Users Posts: 2,599 ✭✭✭endofrainbow


    I WISH my neighbour would cut down their tree - it's an eyesore.



  • Registered Users Posts: 3,739 ✭✭✭C3PO


    Funny …. my brother has the opposite problem with huge trees in an adjoining property seriously reducing the light in his house! Not a lot he can do!



  • Registered Users Posts: 12 GloriaBog


    I sympathise wholeheartedly with you and what a terrible thing to happen. The school were extremely rude not to even consult with you or other neighbours before doing this. Our local schools have Green Programmes and the children and classes get green badges. This is awful.



  • Registered Users Posts: 14,019 ✭✭✭✭Dav010


    There is no upside to the school notifying the op, why would they need to consult? The potential is there for the op to become upset, which seems a distinct possibility, and start being awkward about the trees being cut down. Better to ask for forgiveness than permission.



  • Registered Users Posts: 10,444 ✭✭✭✭Jim_Hodge


    How many properties abut the school? How many properties have the trees as part of their view? It would be totally impractical. I had to fell a tree due to disease last year. I wasn't going down the road to a neighbour to explain the need just because they looked across fields at what was once a fine tree.



  • Registered Users Posts: 29 MyUnicornWorld


    Just myself and one other house impacted directly.

    With respect I think cutting down a tree a few fields away is completely different. I would not expect to be notified in that instance either!



  • Registered Users Posts: 29 MyUnicornWorld


    Goodwill! Common courtesy!

    Your attitude is disgraceful and does not make for positive long term relations.



  • Registered Users Posts: 8,745 ✭✭✭893bet


    They are a school not a neighbour. It’s not the same.

    You have no right to privacy. Being notified would made no difference other than you potentially trying to stop them. Be responsible for your own privacy.



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  • Registered Users Posts: 29 MyUnicornWorld


    Being a school they have a greater responsibility than a neighbour!



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