A tree preservation order prohibiting the felling of more than 50 mature trees at the site of contentious redevelopment plans at Kenilworth Square, Rathgar, has been proposed by Dublin City Council.
The council is launching a public consultation on the matter from Friday and, if implemented, it would be its first tree preservation order since 2008.
Just six such orders have been made by the council to date, four of which concern trees at Dartmouth Square Park near Ranelagh in Dublin 6.
The proposal could affect controversial plans from the owner of the Victorian square, St Mary’s College in Rathmines, to develop the site currently used as sports grounds.
READ MORE
Residents surrounding the square, which has been owned by the school since the 1940s, have opposed the plans, citing concerns over ecology and heritage.
The proposed redevelopment involves reconfiguring three pitches to two, one of which would have an all-weather surface.
St Mary’s planned to remove eight “lower-value trees” for the all-weather pitch at the north end of the square, saying it would plant 74 new trees.
However, the proposed tree preservation order would prohibit the felling, topping or “wilful destruction” of 54 trees surrounding the square, a large portion of which are situated at the north end, according to a report by the council’s tree officer.
It was first proposed by Green Party councillor Carolyn Moore, who argued the trees are “absolutely intrinsic” to the square’s character and integrity.
“For me, it just seemed that the tree preservation order was there as a mechanism within the planning system to sort of safeguard against the kinds of exemptions that may ultimately end up chipping away at the biodiversity and heritage value of Kenilworth Square,” she said.
Moore said she was not against St Mary’s plans to develop the square and improve sports facilities, though such works “must take into consideration the ecological and heritage value of the square”.
She said she was hopeful the order would be implemented and that “any future development of the square will be constrained by the need to protect these trees”.
Earlier this year, a High Court judge urged residents to “calm down” their response to plans to fell trees after a protest resulted in a match being cancelled.
Judge David Nolan granted campaign group Protect Kenilworth Square and resident Martin Joyce an injunction preventing St Mary’s from felling while they sought to appeal his prior ruling.
Nolan had ruled St Mary’s did not require planning permission for some works at the square after Dublin City Council decided they were exempted development.
The group subsequently received leave to appeal in May.
On Thursday, Joyce said residents were “very pleased that Dublin City Council has recognised the importance of the 19th century trees in the park, not just for the locals in Rathgar but for the city of Dublin.”
[ ‘It is money talking’: Rathgar has mixed views on Kenilworth Square planOpens in new window ]
Mary Daly, a spokeswoman for the Kenilworth for the Kids group, which supports St Mary’s plans, said “common sense” was needed and approved of a “balanced approach that recognises the importance of both our natural environment and the needs of children”.
“Across Dublin, we are seeing much-needed sporting improvements delayed by increasingly contentious planning disputes. Protecting nature and giving children the space to play, develop and thrive should not be an either-or choice. There is a better way forward, and our children deserve it,” she said.
Daly argued the “loudest voices in this debate” have “overshadowed the needs of children and families across the wider community”.
“We encourage parents, local sports clubs and the wider community to make their views known through Dublin City Council’s consultation. A vocal minority should not be mistaken for the voice of an entire community.”
