Tree Preservation Order (TPO) - Frequently Asked Questions

I want to cut down/prune a tree on my own property - how do I go about it?

If the tree is less than 10 metres in height, less than 10 metres in canopy diameter, and less than 1.5 metres in trunk circumference at 1 metre above ground, you do not require a Council permit to remove/prune a tree unless it is growing in the site of a heritage item or the tree is listed in the Significant Tree Register (view at Stanton Library).

However, if in doubt, or if the tree reaches or exceeds the size measurements above, an application form should be completed and sent to Council and an appointment for an inspection arranged with Council's Tree Preservation Officer.

A permit will be sent to a customer after the tree inspection takes place.

The inspection and permit is free of charge.

A neighbour's tree is overhanging our property. What can I do?

If the tree is not protected by North Sydney Council's Tree Preservation Order (please refer to measurements above), a customer can cut the tree branches back to the property boundary line.

If the tree reaches or exceeds the measurements listed above, a customer needs to complete a Tree Preservation Order application form for tree pruning/removal.

Where it says 'Owner's consent' on the application form, the owner of the property where the tree is growing has to sign and provide his/her details. The owner's permission to prune trees on their side of the boundary line is absolutely necessary.

If the owner agrees to the tree work suggested, but does not want to pay for it, the matter must then be agreed between the customer and the owner of the tree.

If the owner of the property where the tree is growing does not sign the application form, Council can give permission to prune the overhanging branches up to the common boundary line only. 

In both situations Council cannot intervene in disputes. The dispute must be resolved before Council can give permission.

Who has to pay for tree work on private property, if Council permission has been obtained?

Council is not in the legal position to determine who has to pay for the proposed work. This is a matter for the two parties concerned to agree upon.

The roots of a tree are in the sewer pipes, causing damage. Can I remove the tree?

Tree roots don't invade pipes unless they are leaking, and water is seeping into the soil. Tree roots will always seek water sources. Most old sewer pipes (usually clay pipes) are at least 50 years old and start leaking at some point in time. At this stage roots start to penetrate pipes.

This problem can be resolved by the replacement of old clay pipes with modern PVC pipes. Pipe maintenance is a part of property maintenance and should take place when pipes begin to leak. Treat the cause, not the symptoms!

A tree is overshading the house, and no sunlight can penetrate into the house/back yard.

Most trees can be 'thinned' to obtain a 'filtered light', where light can penetrate the tree canopy through gaps. A qualified arborist opens up the tree canopy in a way that allows more light to penetrate.

With large trees this process might have to be repeated every few years. However, thinning is an effective way of preserving trees and keeping your sunlight.

A tree is blocking harbour views.

Most tree species can be pruned by a professional so that filtered views are maintained through thinning of the tree canopy.

Pruning of large trees every few years will gradually open the branch structure so that gaps providing harbour views will increase over time.

If a Council owned street or park tree is blocking a resident's view, or solar access, then the resident should contact Council Call Centre to arrange an appointment with the Tree Preservation Officer.

If the tree can be pruned without comprising it's health, written consent may be granted for the resident to engage a qualified Arborist to prune the tree. All cosmetic-pruning (eg: views, sunlight) of Council trees is paid for by the resident.

Council does not allow view-pruning of trees that are located in remnant Urban Bushland that is protected by SEPP19.

Trees obstructing public footpaths.

Branches overhanging public footpaths and roadways from private property should be pruned back to the property boundary to a height of 2.4 metre (8ft). To notify Council of locations where property owners are not maintaining this clearance please phone (02) 9936 8228 with the exact property address. Council will then send out a notice to the owner of the property requesting that pruning be carried out.

To obtain a permit or other advice about trees, an appointment for an inspection should first be made by phoning the Tree Preservation Officer on (02) 9936 8100

Neighbours have planted several large growing trees along their fence line to our property, and the trees will obstruct views/overshadow our property in the future. Are there rules to determine what type of trees property owners can or cannot plant?

No, there are no rules and regulations that can force a property owner not to plant big trees. This is a matter for neighbours to negotiate and agree upon.

In some areas trees can be cut down if they are growing less than 3 metres away from a building. Does this rule exist in North Sydney?

No, each tree close to a building will be assessed individually.

North Sydney Council's Tree Preservation Officer will make a decision based on the type of tree, the type of building and factual evidence to prove that a tree is causing structural damage.

Who can prune or remove trees once a permit has been issued?

The National Arborists Association of Australia has a list of qualified and insured contractors available on their website at www.naaa.net.au

What plants are suitable for the North Sydney area to replace a tree that has been approved for removal under the TPO?

> View the list of suitable Native Plants of North Sydney