Private tree pruning and/or removal application

1. Check to see if your property land zoning is covered by Council’s controlled tree pruning/or removal permit area

   Properties within the following land zones, require a Council permit for tree pruning or removal;
   
   • General Residential - R1
   • Low Density Residential - R2
   • Medium Density Residential - R3
   • High Density Residential - R4
   • Large Lot Residential - R5
   • Village - RU5
   • Business/industry - E1, E2, E3 E4 E5 
   • Environmental/Conservation C2, C3.C4
   • Recreation - RE 1 and RE2
   • Special Purpose - SP1, SP3, SP4
   • Mixed use MU1
   • Working Waterfront W4
     
     If your property land zoning is not listed above, your property is classified as rural land. Any request to remove a tree must be assessed by Local Land Services (LLS) who manage, and issue associated permits.  Visit https://www.lls.nsw.gov.au/regions/north-coast for more information or call 1300 795 299.
2. Is your tree 3m or greater in height? And/ or does your tree have a trunk diameter of 100mm measured at 1m above ground level? If you answer yes to either criteria, you require a Council permit to prune or remove your tree. 

Tree pruning and/or removal in conjunction with building or the installation of a pool will be assessed as part of any Complying Development Certificate (CDC) or Development Application (DA) process. 
I.e. Do not use the private tree pruning and/or removal application form. 

Application for permit to remove or prune 1-5 trees can be made online or in person at one of Council's Customer Service Centres.

The applicant may be the registered owner/s of the property where the tree is located or anyone who has the written authorisation of the owner/s to act on their behalf. Owner’s consent must be provided by all owners of the property and where the owner is a Strata Body or Company, the common seal must be stamped.

A site diagram, clearly identifying the position of the tree/s in relation to buildings and other structures is required as part of the application process.

We may contact the applicant for further information or request a certified AQF Level 5 Arborist report to support your application.

When filling out the application form, make sure you provide all the requested details and information. If any information is missing, it may delay the processing of your application.

If a permit to prune or remove a tree on private property is granted, it will be provided to the applicant in writing. It will include conditions that must be followed. The permit is valid for a period of 12 months from the date of issue.

Ongoing Tree Management Permits are available for large scale private landholders, where a AQF5 Arborist has been engaged to develop and manage a Tree Management Plan for their site. These permits are valid for a 12-month period and allow for works identified in the Tree Management Plan to be undertaken on a need-by-need basis.

You will be required to pay an application fee at time of lodgement. To find out more, view our current fees/charges here.  Fees And Charges Report (nsw.gov.au)

If your permit has been refused, under the state government's policy, you can appeal to the Land and Environment Court within 3 months. An application for a review of the determination of a permit is not available under section 82A, 82B and 96AB of the Environmental Planning and Assessment Act.

Council will consider the following criteria when assessing an application for tree pruning or removal:

• What is the health and vigour of the tree? Is the tree dead, diseased, dangerous, defective, or damaging? Is this supported by a suitable qualified AQF Level 5 Arborist report?
• Impact on existing infrastructure. Will the mature size of the tree exceed the available space and/or will the way the tree grows become an issue?
• Is the tree in an unsuitable or overcrowded situation?
• Is there clear evidence of damage to utilities and/or services?

• The tree does not meet the any of the criteria as outlined above.
• The tree is of good health and vigour.
• The tree holds unique amenity, botanical, cultural, heritage significance.
• The tree is hollow bearing and provides important habitat for animals.
• The tree provides significant canopy cover and carbon storage.
• The landscape amenity of the area would be significantly affected if the tree was removed, for example front boundaries, ridgelines, or rural views.
• The tree is located along a creek or watercourse.
  
  

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The following reasons will not be considered for the removal of a tree:

• View - the pruning or removal of a tree to enhance or optimise a view does not warrant approval.
• Shade - if where tree shading is affecting a person’s health, judicial crown thinning of trees may be permitted.
• Leaf/ flower drop - leaf/flower/fruit is the natural part of the tree life cycle and is not regarded as a sufficient reason to prune or remove trees.

Council aims to have tree pruning & removal applications assessed and processed within 28 days of receiving a fully completed application.

Delays may occur as result of incomplete applications being submitted or where additional information is requested to support an application.

If a permit to prune or remove a tree on private property is granted, it will be provided to the applicant in writing. It will include conditions that must be followed. It is important not to undertake any works until you have received the written confirmation of permit.

A council permit to undertake pruning or removal of a tree/s is valid for a period of 12 (twelve) months from the date of issue.

Pruning must be carried out in accordance with Australian Standard AS 4373-2007, by a suitably qualified Arborist or Horticulturist.

If a tree permit application is refused, the applicant has the right to appeal the refusal in the Land and Environment Court. An applicant has 3 months from the date on the determination to appeal to the Land & Environment Court. Please seek your own legal advice in this regard.

It is best practice to replace any tree/s removed, by planting new ones.

It is always important to consider where you plant trees and research into species selection is important to ensure the tree has space to grow to maturity without causing future issues.

Please refer to councils https://www.pmhc.nsw.gov.au/files/assets/public/document-files/planampbuild/devcontrol-plans/indigenous-street-and-open-space-planting-list-2015.pdf for further information.

Council will include details of required compensatory planting as part of any conditions of consent associated with a tree removal permit. Koala Food Tree (KFT) species have a requirement of 2 (two) replacement trees for every 1 (one) KFT removed. 

Replacement trees should meet the Australian Standard AS2303:2018 Tree stock for landscape use. Ensure you advise your local nursery of this requirement when purchasing your new tree.

Should you have concerns with overhanging branches, fruits, or roots from a neighbour’s tree, you need to liaise directly with them. Such issues are deemed civil matters and Council does not have the authority to enter disputes between neighbours.

If you cannot resolve the issue directly with your neighbour, you can seek assistance from the Community Justice Centre, Community Justice Centres (nsw.gov.au) or 1800 990 777.

For further information, relating to Trees (Disputes Between Neighbours) Act 2006, visit the Land and Environment Court of NSW Trees and hedges (nsw.gov.au)

Before any agreed tree work is undertaken, be sure to check if a permit from Council is required.

The applicant may be the registered owner/s of the property where the tree is located or anyone who has the written authorisation of the owner/s to act on their behalf. Owner’s consent must be provided by all owners of the property and where the owner is a Strata Body or Company, the common seal must be stamped.

Removing or pruning trees on private residential or business property may require permission from us. Failing to do so can incur substantial fine. Removal of trees without Council's consent could result in prosecution and fines of up to $110,000.