Trees FAQs
For information about trees in your area, see the frequently asked questions below.
Do I need Council permission to prune or remove trees?
Yes - if the trees are 5 metres or more in height.
A minimum Level 3 qualified arborist is required to prune or remove the tree. For more information contact Council's Customer Service on 9952 8222 or view the Development Control Plan .
[return to top]
How do I apply to prune or remove a tree on private property?
You need to complete the Tree Management Application form stating the reasons why you wish to prune or remove the tree(s) together with the applicable fee. Exemptions do apply depending on the species, position or condition, please see exemptions before proceeding.
Are there any trees that do not need Council’s permission to be pruned or to be removed?
Yes, however several factors apply. A tree can be exempt due to its species, position or condition. Trees that are exempt according to the Development Control Plan are:
- Narrow leaf Privet
- Broad leaved Privet
- Wild Olive/African Olive
- Camphor Laurel (except in heritage properties)
- Rubber trees
- Poplar
- Liquidamber
- Willows
- Cocos Palms
- Evergreen Alder
- Indian Coral
- Coral Tree
- Rhus Tree
- Silky Oak
- Rhizomatous Bamboo
- Castor Oil Plant
- All fruit trees except Australian native fruit trees
Other exemptions are:
- The tree is dying, dead or dangerous (provided it is not a threatened species habitat) - declaration within this category can only be made by an Arborist, or other suitably qualified person - photos must be attached.
- The tree poses an immediate and imminent danger to people or property - declaration within this category can only be made by an Arborist, or other suitably qualified person - photos must be attached.
- The trunk of the tree, at 1 metre above ground level, is within 3 metres of the wall or foundation of a lawfully constructed dwelling (including native species trees).
However, these exemptions do not apply:
- for properties that are heritage listed or are within a heritage conservation area
- for NATIVE species trees on properties that are identified in the Urban Bushland in the Ryde LGA report
- for trees listed on the Significant Tree Register
- for properties that have an active development consent (except for the listed tree exempt species)
- for properties that are subject to an area specific planning instrument.
If a tree falls into a category exempted from the DCP, you are required to lodge a Notice of Intent with Council before any removal or pruning works may be carried out. This gives Council 7 working days notice, of the work you propose to do. There is no application fee and a work permit will be returned to you by mail.
No work should be undertaken until the work permit is received.
Contact Council's Customer Service on 9952 8222 for more information.
[return to top]
I am unhappy with Council’s decision and want to appeal, what do I need to do?
A review of determination application must be lodged. Such requests must be received by Council within three months from the date of the original determination.
You should:
-
fill in a Tree Management Application form
-
include further or new information not previously supplied with the original application
-
include any appropriate professional reports (provide link to Schedule 1)
-
pay the application fee.
Will Council do the work if I get approval to prune or remove a tree?
No, you will need to arrange any work through a private tree surgeon or contractor.
Industry approved contracting Arborists can be found on the National Arborist Association of Australia (NAAA) website - See Contractors NSW.
What do I have to do to prune a tree on my neighbours property if it is overhanging into my property?
If the tree is over 5 metres in height:
-
Council approval is required to prune the tree. You will need to complete a Tree Management Application and pay the appropriate fee.
-
Council will advise your neighbour of the outcome of your application.
Please note: Council cannot provide permission to enter private property.
If the tree is less than 5 metres in height:
-
You do not require Council approval to prune the overhanging branches.
-
Council strongly recommends you obtain permission from your neighbour.
[return to top]
Who can resolve tree disputes between neighbours?
Tree disputes between neighbours are referred to the NSW Land and Environment Court. The Trees (Disputes Between Neighbours) Act 2006 allows an owner of land to apply to the court for an order to remedy, restrain or prevent damage to the owner's property or injury as a consequence of a tree situated on adjoining land.
An individual must make a reasonable attempt to resolve the situation before an approach is made to the Court.
For information on how to make an application refer to the Land and Environment Court's Tree Disputes Information.
Can I plant a tree in front of my house?
Planting street trees on the nature strip is to be avoided. If an inappropriate or unsuitable tree has been planted, Council may then need to remove or replace it at a considerable cost to ratepayers. Any future insurance claims associated with the tree maybe be refused if it can be proven that Council was not involved in the species selection or planting process.
It is Council’s responsibility to plant trees that are suitable and appropriate to ensure public health and safety. For more information see the Street Trees page.
There is a tree on my street overhanging the naturestrip and blocking access for pedestrians. Can Council trim the branches?
This depends on whether the tree is located on private or public property, as well as the height of the tree concerned. Contact Council's Customer Service on 9952 8222 for further information.
Is there a penalty on unapproved work on trees?
Any unapproved work on trees is a breach of the Development Control Plan 2010 Part 9.6 Tree Preservation.
Council property
If you are responsible for the removal, damage or lopping of a tree (above or below ground) located on Council property without consent you may be liable for an on-the-spot fine of $2200 under the Local Government Act 1993 No 30 Section 629. Trees on public land, including nature strips, are Council property.
Private property
If you remove, damage or lop a tree (above or below ground) without Council’s written consent on private property you may be liable for a fine up to $1.1 million under the Environmental Planning and Assessment Act 1979 Section 126. Offender/s may also be required to replant new trees and provide security to these plantings following a successful Court proceeding. You may also be liable for a penalty for engaging a contractor to do the work on your behalf.
Who do I call about storm damaged trees?
Contact Council's Customer Service on 9952 8222 or the State Emergency Service (SES) on 9889 4999. Special arrangements have been made to assist residents in the case of a severe weather event or storm affecting the Ryde local government area.
Does Council have a list of preferred species for tree replacements?
A standard condition of approval for the removal of a tree is that you replace it with another more suitable tree species anywhere else on the property. This is to ensure that the tree canopy in the property is restored.
When replacing trees, look for species that grow well in the area and will not cause other problems such as damage to your house. This will save you money and disappointment in the long run. Native trees can provide food and suitable habitat for birds and wildlife.
For more information see the Selecting the Right Tree for your Property page.
Page Last Updated: 12 July 2011
Key Documents
More Information
