Council can issue enforcement notices to landowners over hazardous roadside hedges - Clare Echo

CLARE County Council can issue enforcement notices to landowners where roadside hedges, trees or other vegetation are creating hazards for road users, councillors have been told. The issue was raised by Leas-Chathaoirleach Cllr Conor Ryan (FG) at the September meeting of the Killaloe Municipal District. Cllr Ryan called for the council to issue enforcement notices … Council can issue enforcement notices to landowners over hazardous roadside hedges Read More »

CLARE County Council can issue enforcement notices to landowners where roadside hedges, trees or other vegetation are creating hazards for road users, councillors have been told.

The issue was raised by Leas-Chathaoirleach Cllr Conor Ryan (FG) at the September meeting of the Killaloe Municipal District.

Cllr Ryan called for the council to issue enforcement notices to landowners who have not maintained their roadside hedges and to compel them to cut vegetation interfering with the safe use of public roads.

In a written response, Senior Executive Engineer Declan Flanagan said landowners and occupiers have responsibilities under Section 70 of the Roads Act 1993 to ensure vegetation on their lands does not present a hazard or obstruct the safe use of a public road.

He said the council has statutory powers to issue notices requiring vegetation to be preserved, felled, cut, lopped, trimmed or removed where hazards are identified.

“The Municipal District continues to investigate reports and complaints received from members of the public and elected representatives and will utilise the enforcement provisions available under the Roads Act 1993 where it is considered necessary and appropriate to do so,” he said.

Mr Flanagan said hedge-cutting operations had commenced on the R352 since September 1, with works progressing across the district.

Subject to budget availability, he said the remaining regional roads in the municipal district would be completed as part of this year’s programme.

The council also operates an annual Community Hedge Cutting Grant Scheme, which provides financial assistance to eligible landowners and community groups for hedge-cutting and vegetation management.

Speaking at the meeting, Cllr Ryan welcomed the council’s response and acknowledged the hedge-cutting grant scheme.

He said there were “significant” issues with some individual landowners across the municipal district failing to manage roadside vegetation.

Cllr Ryan said overhanging branches posed serious risks not only to cars but also to tractors, lorries and HGVs.

He referred to the R466 between Tulla and O’Brien’s Bridge, where he said vegetation was a “serious impediment”.

He also referred to branches falling onto a road and causing cars to swerve to avoid debris, describing this as a serious risk that could be “easily avoided”.

Cllr Ryan said landowners needed to be reminded of the risks and penalties involved.

Cllr Pat Burke (FG), who seconded the motion, said there had been a “huge improvement” on regional roads this year and commended the council for its hedge-cutting work.

He said roadside vegetation remained an issue and referred to instances where he had damaged his own car mirrors due to overgrown hedges.

Cllr Alan O’Callaghan (FF) asked how the issue could “finally” be put to bed, saying vegetation continued to encroach onto roads every year.

He also asked whether the enforcement provisions outlined in the council’s response would actually be used.

Cllr Pat Hayes (FF) said more roads needed to be considered as part of the council’s hedge-cutting programme, particularly routes serving schools and other important locations.

Director of Services Siobhan McNulty said hedge cutting was an annual issue for discussion and that responsibility for roadside vegetation could not rest solely with the local authority.

She said the council had finite resources and that it would not be financially feasible for the local authority to assume responsibility for all roadside hedge cutting.

Cllr Ryan said landowners were the “custodians of their land” and had a responsibility to manage hedges to help improve road safety.

Prefer to pay monthly? Click the monthly option and get the first six months for just €3 a month (less than 75c per week), and thereafter €8 per month.

Cancel anytime, limited time offer. T&Cs Apply. www.clareecho.ie.