Trees on private land

Planting trees on private land

There’s no law regarding what a property owner can plant on their property.

We advise that you plant the largest growing and longest-lived indigenous species of tree possible for the given growing conditions and site constraints.

When assessing a potential tree planting site, you should look for:

• site conditions such as soils, climate, aspect, drainage, services, structures, scenic views, solar access, physical access
• desired horticultural characteristics of the new tree such as evergreen or deciduous, height, width, crown shape, vigour, provenance, flowers, fruit
• desired function of the new tree such as shade, screening, habitat, shelter, windbreak, framing of views.

Tree works that need consent

Before removing, pruning or proposing a development within five metres of a tree, residents and contractors should contact us to determine whether they need to obtain a Tree Management Permit or a Development Consent.

A Development Consent or a Tree Management Permit is required for the pruning or removal of :

• any tree or vegetation on public land, regardless of size
• any tree or vegetation with a height exceeding 5 metres, or a crown width exceeding 5 metres, or a trunk circumference exceeding 500 millimetres measured at ground level
• any tree that’s identified as a biosecurity risk under the NSW Biosecurity Act, 2015 and is greater than 10 metres in height
• any of the following species of trees or vegetation on land identified as a heritage item under cl.5.10 of NSLEP 2013, regardless of size:
  • Bangalow palms (Archontophoenix cunninghamiana sp.)
  • European nettle or hackberry (Celtis sp.)
  • Indian coral tree (Eryrthina x sykesii)
  • Kentia palms (Howea forsteriana sp.)
  • Privet species (Ligustrum sp.)
  • Willow trees (Salix sp.)

If you have confirmed that you do not need to obtain a Development Consent, you will need to complete the following online form to request a Tree Management Permit:

Tree Removal or Pruning on Private Land Application

If the application is approved, a Tree Management Permit will be sent to the applicant. Inspections and permits are free of charge.

For tree works that require a Development Consent, you can find more information in our Trees and Development section.

Tree works that don't need consent

A Tree Management Permit is not required for removal or pruning in the following situations:

• trees or vegetation confirmed as dead in writing by a qualified arborist with a minimum AQF Certificate 3, and where the tree or vegetation is not required as habitat for native animals
• pruning of deadwood from a tree or dead fronds from a palm tree
• maintenance pruning of trees whereby:
  • branches no more than 100 millimeteres in diameter and less than 10% of the existing crown volume are removed and those branches are:
    • not located more than 2.4 metres above ground level where they adjoin the trunk of the tree
    • located within 1 metre of existing buildings including eaves and gutters
    • all work is undertaken in accordance with the Australian Standard for Pruning of Amenity Trees (AS 4373).

• Maintenance pruning of hedges is permitted without a permit where:
  • the hedge is less than 5 metres in height
  • the hedge is 5 metres or greater in height, but only where all work is undertaken in accordance with the Australian Standard for Pruning of Amenity Trees (AS 4373) and must be conducted by a qualified arborist with a minimum AQF Certificate 3
• trees or vegetation are identified as a biosecurity risk, formerly known as noxious weeds, under the NSW Biosecurity Act, 2015, except where that tree or vegetation is greater than 10 metres in height
• trees or vegetation that are being maintained or removed by Council staff or its sub-contractors on land under Council's ownership or care and control
• trees or vegetation that have been authorised to be removed or pruned pursuant to a Development Consent issued under the Act, but not prior to the issue of a Construction Certificate relating to that Development Consent
• trees or vegetation that are growing inside a building, where there’s a roof over the tree (for example, within an atrium or internal garden bed)
• it involves the following tree and vegetation species:
  • African olive trees (Olea Africana)  
  • Bamboo (Bambusa species)
  • Box elder (Acer negundo)
  • China doll (Radermachia sinica)
  • Cocos palms (Syagrus romanzoffiana)
  • European nettle or hackberry (Celtis sp.) except on land identified as a heritage item under cl.5.10 of NSLEP 2013
  • Indian coral tree (Eryrthina x sykesii) except on land identified as a heritage item under cl.5.10 of NSLEP 2013
  • Privet species (Ligustrum sp.) except on land identified as a heritage item under cl.5.10 of NSLEP 2013
  • Rubber trees (Ficus elastica)
  • Tree of heaven (Ailanthus sp.)
  • Umbrella trees (Schefflera sp.)
  • Willow trees (Salix sp.) except on land identified as a heritage item under cl.5.10 of NSLEP 2013.

Overhanging trees and branches

If a tree overhanging on to your property is not protected by Council's Tree & Vegetation Management Policy, you can prune branches overhanging the common boundary line without the consent of the tree owner under Common Law.

It’s recommended that a qualified arborist or horticulturalist is engaged to undertake the pruning within the Australian Standard for Pruning of Amenity Trees (AS 4373).

This prevents damaging the tree or shrub’s long-term health and safety. It also prevents conflict with neighbours.

When the tree is protected by Council's Tree & Vegetation Management Policy, you must complete Council's Tree Removal or Pruning Application form. If an arborist needs to access your neighbour's property to prune the tree, your neighbour will need to submit the application.

Tree Removal or Pruning Application form 

If the owner of the property where the tree is located does not provide consent to prune the tree on their side of the boundary line, Council can only give permission to prune the branches that are overhanging your property to the nearest branch collar to the boundary line, taking into consideration that pruning should not exceed 10% of the crown foliage. 

Trees causing damage to property

Council does not mediate in neighbour disputes over trees.

When there’s damage occurring or likely to occur, residents should discuss the matter with the tree owner.

If an amicable resolution can’t be reached, the next course of action would be to involve an independent mediator such as the Community Justice Centre.

If this is unsuccessful, the final option is to go to the Land and Environment Court under the Trees (Disputes between Neighbours) Act 2006 where a legal Order may be imposed on the tree owner to take action.

Vegetation or trees obstructing a footpath or road

Council does not prune privately owned vegetation or trees.

Branches overhanging public land must be pruned back to the boundary line to a height of 2.4 metres over footpaths and parking lanes by the property owner.

When reported to Council, we’ll contact the owner of the property in writing, requesting that the pruning is carried out to keep the footpath or traffic lane clear.

Council may issue a legal order to the owner, compelling them to do the work if it’s not undertaken.