Farmer in hot water for obeying felling order

A landowner who obeyed an order from a local authority to cut down a number of dangerous trees was shocked to be told by another State agency he could be prosecuted for carrying out the work.

The saga started in early January when a large tree fell during a storm close to Nicholas Stout’s home at Dunmanway, Co Cork. It blocked the main Dunmanway-Drimoleague road for several hours before being cleared.

Cork County Council engineers carried out a safety survey in the area and sent Mr Stout an order to fell 20 tress on his property “in the interest of road safety under the Road Act 1993”.

Some of the trees were up to 30m (100ft) tall.

The landowner said the council agreed to carry out traffic management in the area while the felling was carried out by himself and a contractor. Mr Stout said he was grateful to the council for its help “and very glad they were cut” before the country was battered by hurricane-force winds on February 12.

He said he actually ended up cutting more than 50 trees, with the agreement of the council.

“I was worried [that] if they fell, they could have killed or seriously injured someone,” Mr Stout said.

The following day, an inspector acting for the Department of Agriculture called to his door.

“I was shocked. He told me I could be prosecuted for doing what I did.”

Mr Stout said he hadn’t acquired a felling licence as he thought it wasn’t required as the council had ordered him to cut the trees.

The Department of Agriculture’s own website states that a licence isn’t needed if trees have to be removed in the interest of road safety.

Exemptions are also in place for the ESB and local authorities to remove trees which are deemed dangerous or may be causing an obstruction.

A department spokesman for the department confirmed the inspector did caution the owner about a possible prosecution, but has since decided not to recommend one.

“For another organ of the State to come along and act like this is totally unacceptable. There’s no joined-up thinking. The safety of public should always come first,” said Cllr John O’Sullivan (FG).

A new Forestry Bill, which has yet to be enacted by the Dáil, recommends the permit exemption be extended to landowners who want to cut trees within 10m of a public road.