TREE REMOVAL GUIDANCE
Do I Need Council Approval to Remove a Tree?
In most cases in NSW — yes, if the tree meets your council’s threshold for protection. Every local government area in NSW has its own tree management controls, typically embedded in the Local Environmental Plan (LEP) or Development Control Plan (DCP). These controls protect trees above a certain size and restrict removal without prior approval. The threshold varies by council, but common triggers include height above 3–5 metres, trunk diameter of 100mm or greater at 1.3 metres above ground, species protections, and canopy spread.
Tree Removal Permit: How to Apply
Applying for a tree removal permit in NSW typically involves identifying your council’s requirements, engaging a qualified consulting arborist to prepare a supporting arborist report, lodging a development application or tree application through your council’s online portal, waiting for assessment — timeframes vary between 2 and 12 weeks — and receiving conditions of approval. The arborist report supporting your application needs to be prepared by a Consulting Arborist at AQF Level 5.
The short answer: significant fines, potential prosecution, and an order to replant. Under the NSW Environmental Planning & Assessment Act, penalties for unlawful tree removal can reach $1.1 million for corporations and $110,000 for individuals. Councils also have the power to issue replanting orders. The risk simply isn’t worth it — if you’re unsure whether a tree is protected, get advice before touching it.
Councils can and do approve removal of protected trees — but the application needs to demonstrate a valid reason. Common grounds include the tree being dead or dying and posing a safety risk, a structural defect making retention impractical, demonstrable damage to buildings or infrastructure, the tree being within a proposed building envelope for approved development, or the tree being an invasive or declared weed species. A professional arborist report with photographs, a risk assessment, and clear recommendations significantly improves the outcome.
Under common law you have the right to prune branches and roots from a neighbour’s tree that encroach onto your property — up to the boundary line — at your own expense. You must return the prunings to the neighbour and cannot enter their property to do the work. If a neighbour’s tree is causing or is likely to cause serious injury or significant property damage, the Trees (Disputes Between Neighbours) Act 2006 (NSW) provides a formal avenue through the NSW Land and Environment Court.
Dangerous Tree on Council Land
If you believe a tree on council land is posing a risk, document the concern with photographs and dates, report it in writing to your council using their online service request system, follow up in writing to create a paper trail, and consider getting an independent arborist report if the council is unresponsive. Council liability for tree damage is a real area of law in NSW — councils that have been notified of a risk and failed to act have been found liable for resulting damage.
Frequently Asked Questions
What is a Tree Preservation Order? A TPO is a council designation protecting specific trees or categories of trees. In NSW most councils have moved to DCP-based tree controls but some older TPOs still apply. Can I remove a tree that’s pushing over my fence? Possibly — but you still need council approval if the tree is protected, even if it’s causing damage. What if my tree falls on a neighbour’s property? Generally you are only liable if you knew or ought to have known the tree was a risk and failed to act on it. Can I get council approval to remove a healthy tree? In limited circumstances — for example if the tree is in a location that prevents approved development. A healthy structurally sound tree is generally very difficult to get approval to remove purely for convenience.
Tree law in NSW is genuinely complex and the consequences of getting it wrong are serious. Arbor Metro’s consulting arborists work with tree regulations every day. Whether you need an arborist report for a council application, help documenting a neighbour tree dispute, or advice on what you can and can’t do on your property, contact us today for an obligation-free consultation.