Secret video recording, hedgehogs, and a fatality form part of four-hour case
A SECRET video recording, hedgehogs, a fatality and the “theft of land” were all mentioned during a four-hour court case over the cutting of a hedge.
A hedge cutting notice by Limerick City and County Council dated November 8, 2022, under the Road Safety Act, was served on Caroline Barnes, of Lyndhurst, Ballybrown, Clarina on December 1, 2022.
The notice concerns a boundary hedge, extending to 647 feet, which was to be cut back by one metre “top to bottom”.
It is the council’s case that the notice was not complied with in the requisite time and hedge cutting works that were carried out are not “sufficient”.
Ms Barnes contended the hedge was cut back by a metre and completed as quickly as she could as time was very limited and she had to find a contractor.
The case was prosecuted by Will Leahy, solicitor for the council, with the assistance of Mike Richardson, council engineer.
Mr Richardson said the stretch of road is just off the main N69.
“There have been issues with the maintenance of the hedge. There has been a number of near misses. There was a fatality a number of years ago - I’m not blaming Ms Barnes. The hedge is overgrown.
“Vehicles can’t stay in tight to the edge of the road to allow traffic to pass each other - especially coming from the Ballybrown side there are sightline and safety issues,” said Mr Richardson, who confirmed to Judge Carol Anne Coolican that Ms Barnes “did a bit of trimming in January 2023”.
“It was not sufficient. The trees are still overgrown,” said Mr Richardson. The case was first listed in Newcastle West Court on February 7, 2023 and has been before Judge Coolican and Judge Joanne Carroll on a number of occasions.
Mr Richardson said Ms Barnes had completed 50% of the hedge cutting in response to a question from Mr Leahy.
Ms Barnes, who represented herself during the contested hearing, said the hedge was cut back by one metre. “I did what I was instructed to do,” she said.
Ms Barnes said after the hedge was trimmed vehicles came onto her property and dragged earth onto the road.
“It has been exposed. Our verge has disappeared,” said Ms Barnes.
Mr Richardson said the council needs to resurface it.
Ms Barnes said she videoed a meeting with Mr Richardson in July, 2023. Mr Richardson said he was not aware and objected.
Judge Coolican said she will not be admitting the video. “He did not give his consent,” said Judge Coolican.
Ms Barnes said Mr Richardson was trying to imply she was somehow responsible for an accident.
Judge Coolican said there was a fatality but he “made it clear he did not blame you”.
Ms Barnes said cutting back her hedge by three feet has led to traffic driving on her property and dragging earth out on the road. She spoke of the “theft of three feet of my land” and “our land has been severed off”.
Ms Barnes said earth being dragged out on the road, which she brushes back, was a safety issue. She asked if the council came out to clean it up. Mr Richardson said he was not aware.
Mr Leahy asked Mr Richardson if the overgrown hedge was an issue of local concern?
“Very much so. It’s a major topic of public safety,” said Mr Richardson.
Ms Barnes took the stand. She said she didn’t like hedge cutting equipment and got a contractor to do it by hand. Ms Barnes said there is wildlife living in the hedge and mentioned hedgehogs.
“It took considerable time to get a contractor. He started in mid-January and completed the work to a certain degree by the end of January. He trimmed back the hedge by one metre. He couldn’t get to the tops due to circumstances beyond his control.
He came back in September to do the tops. He would have done it sooner but it was nesting season. There is a lot of traffic on the road. There were delays beyond my control,” said Ms Barnes.
Mr Leahy said the tops of trees are still there and raised concerns that bales of hay or silage being transported could fall over.
“We are going to be here every few years unfortunately. Is it your position that you are right and the council is wrong?” asked
Mr Leahy, who added that the council don’t want to take Ms Barnes to court, they just want the hedge cut for road safety.
Ms Barnes said the hedge was cut back a metre and said her hedge was important to stop trespassers and keep animals in.
Judge Coolican said she listened carefully to the evidence in the case which took four hours with a short recess for lunch.
The judge said she was satisfied that Ms Barnes had failed to comply with the notice. The judge noted that there is legislation for local authorities to cut hedges when there is a “serious hazard” and recover the costs from the owner.
Judge Coolican convicted and fined Ms Barnes €500. Mr Leahy made an application for costs of €3,000 which the judge awarded against Ms Barnes.
Ms Barnes said: “I intend to make an appeal.”