Do I need approval to remove a tree?

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WHERE TO NOW? 

Before proceeding to use the information on this page, you must have confirmed that Council is the agency who will handle your application. If you have not confirmed this, check who to contact and what application process may be required.

You can use the below online 'Individual Tree Removal' survey to determine what approval is required.

 

To assist in this process, Council provides a Vegetation Clearing Tool which provides information such as:

  • The approval authority responsible for approving the work
  • The zoning classification of the property
  • Whether the property is affected by heritage considerations or falls under the Biodiversity Conservation Act 2016

You can check who is the approver for your land using the link below.

 Tree and Vegetation Clearing Guide Map

If Council is your approver, then please refer to the information laid out on this page.

If you have determined that you will need a Tree Exemption Permit, then please submit a request via this link.  Tree Removal - Request for Exemption

If you have determined that you will need a Vegetation Clearing Permit, then please click here Vegetation Clearing Permit

For trees already forming part of a Development Consent, Council will not accept a tree permit application to remove a tree which is protected under a Development Consent. In such cases a Modification Application must be submitted to amend the Development Consent.

If pruning of a tree is required on a development site, a tree permit application must be submitted outlining the pruning work required.

NO APPLICATION REQUIRED?

Minor tree works are generally considered as pruning for general maintenance or modifications with consideration to the guidelines set out in Australian Standard 4373 Pruning of amenity trees.

The following provides a guide on activities that do not require Council approval:

  • Natural cultivation activities like pruning roses, hydrangeas, fruit trees, vines, maintaining hedges, or mowing grass
  • Addressing storm, wind, or similar damage. Dealing with decayed growth that threatens tree viability
  • Enhancing growth and habit for plantings taller than four meters, with a professional arborist's written opinion, available for Council review upon request
  • If the NSW Rural Fire Service (RFS) has designated your property to be in a 10/50 area, you may have access to the entitlement to remove:

o Trees within 10 metres of your home

o Vegetation / shrubs within 50 metres of your home

All work must be undertaken in accordance with the 10/50 rule.  Enquiries for the application of the code of practice need to be made directly to the RFS. 

TREE REMOVAL EXEMPTION FORMS (TREX)

The tree removal exemption form allows for the approval for the removal or pruning of up to 5 (five) trees in each 12-month period.

Council can issue permits for the removal of individual trees (1 or more) but not for clearing patches of native vegetation.

The TREX application is free of charge to residents.

A tree must meet one of the three D’s noted below for the approval of a tree exemption application.

  • ‘Dead’ refers to a tree that is no longer alive or does not serve as a habitat for animals.  A ‘habitat tree’ is one that contains hollows or is utilised by animals.  Property owners must keep photographic evidence to demonstrate that a tree marked as ‘dead’ before removal was indeed devoid of life and not a habitat tree.

  • ‘Dying tree’ refers to a tree that has reached an advanced stage of decline, typically due to significant damage or disease, resulting in an inadequate amount of live tissue, green leaves, or branches necessary for sustaining life, with inevitable death impending.  The property owner must retain a report containing photographs or other documented evidence provided by a Consulting Arborist, who holds a minimum qualification of Australian Qualification Framework (AQF) Level 5 in arboriculture, as proof of the tree’s irreversible decline.

  • ‘Dangerous tree’ is one that poses an imminent risk of failure, necessitating immediate action to safeguard human life, buildings, or other non-relocatable property.  Only a Consulting Arborist with a minimum AQF Level 5 qualification in arboriculture can declare a tree as dangerous.  The property owner must keep a report, including photographs or other documented evidence, provided by the Consulting Arborist, as proof that the tree was indeed deemed dangerous.

Risks that are imminently dangerous may include:

  • Obvious instability of the root system
  • Evidence of recent soil heave or cracking
  • Substantial storm damage
  • Substantial structural defects

Dead or dying trees which contain habitat, or the potential of habitat will require a Vegetation Clearing Permit.

Please click on the link to access our online form Tree Removal - Request for Exemption.

VEGETATION CLEARING PERMIT (VCP)

The Vegetation Clearing Permit allows for the approval for the removal or pruning of up to ten trees in each 12-month period. 

Vegetation Clearing Permits may include conditions that relate to work methods, site specific requirements or rehabilitation or re-vegetation works to compensate for the loss of vegetation. 

Council requires a report from a qualified arborist confirming species/type and reason for removal and any recommended replacements to be provided. 

Please click on the link to access our online form Vegetation Clearing Permit (VCP)

APPEALING A TREE PERMIT ASSESSMENT

If you are not satisfied with the assessment, you may formally appeal the assessment by filling out an application to Appeal Tree Permit Assessment, accompanied by an independent arborist’s report. The matter will be reported to Council for a final determination. A fee is required as per Council’s pricing policy.

DEVELOPMENT APPLICATIONS (DA)

The Development Application Approval allows for the approval for the removal or pruning of over 10 (ten) trees in each 12-month period.  

Development Applications are also essential tools to use when the removal of a trees involves other considerations. This includes: 

  • Works to the tree are part of building work, or development that requires a Development Application.
  • The tree or the site it's on is classified as being part of a vulnerable, threatened, or endangered ecological community.

  • The tree provides, or has the potential to provide, habitat for native plants or animals classified as vulnerable or threatened under the Biodiversity Conservation Act 2016 or Environment Protection and Biodiversity Conservation Act 1999.

  • The tree is a heritage item; forms part of a heritage item or is within a heritage conservation area and has been advised development application works are required from a TREX application (due to it potentially having a significant heritage impact).

  • There is an approval or agreement in place that requires the tree to be retained or protected.

Please visit the NSW Planning Portal to lodge an application Development Application (DA). You will need to register for a NSW Planning Portal sign on to submit your application. Further applicant resources are available here. 

IS MY PROPERTY HERITAGE LISTED?

You can search online with our mapping tool to see if your property is deemed to be in a heritage zone.  Tree and Vegetation Clearing Guide Map

Please note that TREX applications can be received for removal of trees within a Heritage Conservation Area, however if Council holds concerns that tree removal may have a significant impact on heritage significance, then the Tree Removal Exemption (TREX) application will not be approved, and the applicant will need to resubmit as a Development Application with support heritage assessment evidence.

For more information on, please click here.

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