[1.15] Root Encroachment Tree roots in gardens are a natural occurrence, and tree pruning will not reduce root encroachment. In situations where a tree is genuinely generating root encroachment to an exceptional, severe, and unreasonable degree will be dealt with on a case-by-case basis. Tree roots are often perceived as causing structural damage to buildings, boundary walls and other structures. However, most trees growing near buildings cause no damage, and the structural issues are related to inadequate foundation design, general structural failure, poor quality construction, nearby excavations, or major works to adjacent properties. Property owners alleging structural damage caused by a Cork City Council tree will, at their own expense, be expected to provide evidence from suitably qualified professionals (such as an arborist and engineer) that a tree is causing or has caused damage to their property. Where evidence is provided which demonstrates a Council owned tree is the cause of damage, the Council will take appropriate action on a case-by-case basis. As set out in Paragraph 3.8, tree felling will be considered as a last resort after reasonable engineering alternatives have been appropriately considered (except in cases where the tree is in poor structural or physiological condition). [1.16] Overhanging Branches Cork City Council has no legal obligation to prune the branches of public trees that overhang private property, except in instances where a suitably qualified professional deems the tree branch to be dangerous or considers it to be causing a significant nuisance. Adjacent landowners are entitled to prune encroaching tree branches or roots back to the boundary of their property, provided such pruning does not damage the tree or make it structurally unstable or otherwise hazardous. Any private owner carrying out pruning of overhanging branches should recycle the branches in an appropriate manner; Cork City Council has no legal obligation to collect or accept the cuttings. [1.17] Public Trees Obstructing Roads, Cycleways and Footpaths Private trees that are impacting on the public road or footpath are addressed by Cork City Council under the Section 70 of the Roads Act 1993. In relation to public trees, where reasonable and feasible, Cork City Council will carry out works to publicly owned trees if the tree is causing an obstruction to roads, footpath or cycleway, public right of way, access to property or public open space. • Obstructing height clearance: Tree pruning to achieve height clearance is considered appropriate where reasonably practical and where it can be achieved without having an unacceptable negative impact on the tree’s health and/or structure. • Obstructing width: Works on Council owned/managed trees will be considered on a case-by- case basis. Damage to or Interference with Public Trees Damage or unauthorised removal of a Council owned/managed tree may be prosecuted by an Garda Siochana under the Criminal Damage Act 1991. Unauthorised works or damage to Council owned trees may result in a compensation charge being levied. This charge will reflect the amount of damage sustained and where the life/safety of the trees is undermined, it will include the cost of total tree replacement and compensation for loss of tree value. These charges will be drawn up by professional parks staff and each case will be assessed on an individual basis using a recognised tree valuation system (e.g. CAVAT or Helliwell).
[ Appendix 1 ]
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