Tree Management

Local Council Tree Preservation Orders

Most tree work will require a permit or approval from your local council for works to be conducted. Each local council has a Tree Preservation Order (TPO) which outlines the rules, regulations and restrictions when proposing tree work. In general, most trees above 5 metres in height are protected by this preservation order. There are some provisions for work that does not require council approval. Please locate your local TPO below.

All Trees that are protected by the Hornsby Development Control Plan (HDCP) 2013 Tree and Vegetation Preservation Measures Part1B.6 include:

• All trees as prescribed in the Hornsby Development Control Plan General Part 1 - Tree and Vegetation Chapter - Tree and Vegetation Preservation Measures Part 1B.6.

• All trees on land within a Heritage Conservation Area (HCA) described within the Hornsby Local Environment Plan (HLEP);

• All trees on land comprising heritage items listed within the Hornsby Local Environment Plan (HLEP);

• All trees (including dead trees) within a locally significant, endangered or critically endangered ecological community (EEC), regardless of size, location or species;

• Any trees identified to be retained as a condition of development consent.

Exempt species/trees

Exempt works

Hornsby Council Tree Preservation Order allows for the following removal or pruning works WITHOUT council permission. For all works outside of this scope, council approval in writing is required.

• Any tree NOT listed as indigenous to Hornsby (see list on link above), not within a Heritage Conservation Area 
and not listed as a heritage item.

• Any dead tree – evidence required from qualified arborist.

• Any tree where the nearest point of the base of the tree trunk is within 3m of an approved residential building, 
garage, commercial or community building, or in-ground swimming pool.

• Action to prune a tree by less than 10% of the foliage area within a period of not less than 
12 months since any prior pruning

• Action to trim or remove trees required by Clause 23 of the Electricity (Overhead Line 
Safety) Regulation 1991

• All noxious weeds

• Any tree harbouring fruit fly or grown for its edible fruit

Council Approvals application forms

What you can do without Council Permit

You can remove trees without a permit in the following circumstances. The tree is:

• Under 5 metres in height.

• On the Exempt Tree Species List.

• In an area in which the Council has authorised their removal as part of a hazard reduction program, where that removal is necessary in order to manage risk.

• Required to be removed under other legislation (including the NSW Rural Fires Act 1997 and the Environmental Planning and Assessment Act 1979).

• Can be removed under the 10/50 Legislation. Some clearing of vegetation is allowed if your property is mapped in the 10/50 entitlement area.

• Removed by Rural Fire Services because they pose or will pose a significant threat to access along required fire trails or to human life, buildings or other property during a bushfire.

• Placed where the base of the trunk of the tree at ground level, is located within two metres of an existing approved building (not including decks, pergolas, sheds, patios or the like, even if they are attached to a building).

• Is considered a high risk/imminent danger certified by a Level 5 qualified arborist. These trees can be removed without Council consent by the owner of the tree subject to the owner obtaining written confirmation from the arborist that clearly states:

  a) The arborist qualifications: AQF Level 5 Arborist or equivalent.

  b) That the tree(s) is declared a ‘high risk’ or is an imminent danger to life and property.

  c) That immediate removal of the tree(s) is recommended.

  d) A copy of the report must be sent to Council for record keeping purpose.

• Any tree listed as a priority weed under the Bio Security Act 2015 and identified in the Greater Sydney Regional Weed Management Plan.

• Dead, and not required as the habitat of native animals - photographic evidence recommended.

• Has fallen or partially fallen as a result of a storm and still present a danger (photos required).

• Part of the pruning or removal of hedges (unless hedge is conditioned to be retained in a development consent). “Hedge” means groups of two or more trees that:

  a) are planted (whether in the ground or otherwise) so as to form a hedge, and

  b) rise to a height of at least 2.5 metres (above existing ground level).

Pruning and Clearing

You can prune trees or clear vegetation in the following circumstances:

• Reasonable pruning of up to 10% of a tree's canopy within 12 calendar months. Pruning must be in accordance with Australian Standards AS 4373 – 2007.

• The removal of deadwood from a tree.

• Removal of any species of parasite mistletoe or parasitic plant from any part of a tree.

• It meets the criteria of other legislation eg under 10/50 Legislation some clearing of vegetation is allowed if your property is mapped in the 10/50 entitlement area.

Note: Trees, native vegetation and bushland are protected under Council's Development Control Plan and requires consent to remove or clear understorey vegetation.

Exempt species/trees

The following tree species are suitable for removal without consent unless identified as a heritage item or within a heritage area.

Note - Noxious Weed Act now superseded by Biosecurity Act 2015. Any species previously identified as noxious, now called priority weed species, refer to Greater Sydney Regional Strategic Weed Management Plan.

Council Approvals application forms

Exempt Species/Trees

A permit or development consent is not required if your tree is dead, dying or is an imminent risk to human life or substantial property.

A permit or development consent is not required for trees that are exempt from the Sydney Development Control Plan 2012. The following tree species can be removed without our permission unless the tree is listed on the register of significant trees or the heritage trees list:

• Ailanthus altissima (tree of heaven)

• Bamboo sp (all species and cultivars)

• Citrus sp (all varieties)

• Cotoneaster sp (Cotoneaster)

• Ficus elastica (rubber tree)

• Gleditsia triacanthos – not cultivars (wild honey locust)

• Lagunaria patersonia (Norfolk Island hibiscus)

• Ligustrum sp (privet)

• Melia azedarach (white cedar)

• Morus species (mulberry)

• Musa species (banana)

• Olea europaea var. Africana (African olive)

• Robinia pseudacacia – not cultivars (false acacia)

• Salix babylonica (willow)

• Schefflera actinophylla (umbrella tree)

• Syagrus romanzoffianum (cocos palm).

The following tree species can be pruned or removed without our permission if the tree is less than 10m tall unless it is listed on the register of significant trees:

• Cinnamomum camphora (camphor laurel)

• Celtis sinensis (Chinese nettle tree)

• Celtis occidentalis (American nettle Tree)

• Erythrina x sykesii (coral tree)

• Liquidambar styraciflua (Liquidambar)

Pruning exemptions

A permit or development consent is not required to prune a tree on private property if the pruning meets all of the criteria below:

• provides clearances consistent with the tree pruning guidelines table (below), and the branch size does not exceed the diameter defined in each pruning category

• does not remove more than 5% of a tree's canopy

• does note damage or affect the health or structural stability of the tree

• is undertaken in line with the relevant Australian Standard for the Pruning of Amenity Trees and by a qualified arborist minimum level 2 in Arboriculture (AQF).

Tree Pruning Guidelines

Within the Woollahra Municipal Council any tree or palm, whether of indigenous, endemic, exotic or introduced species with a diameter spread of branches greater than 3m or with a height greater than 5m, irrespective of the spread of branches” is protected and will require a permit.

Exempt species and work

The following species of trees can be removed without a permit or development consent:

1. Noxious weeds: Removal of a species declared a noxious plant under the Noxious Weeds Act 1993 as prescribed for the Woollahra Municipality; and

2. Exempt species: Tree removal or pruning of a species identified in Groups A and B below, provided that the prescribed tree:
   a) is not identified in the Significant Tree Register;
   b) is not identified as a heritage item in Schedule 5 of Woollahra LEP 2014; and
   c) is not located on land identified as containing a heritage item in Schedule 5 of Woollahra LEP 2014, where the description of the heritage item includes the ‘grounds and garden’ or the like.

Group A: Trees in this group can be removed irrespective of height

Group B: Trees in this group can be removed if less than 10m in height

Note: Although approval to remove the tree is not required, notice of the work is required. The owner of the land where the tree is located must give Council written notice of the work at least seven days prior to the work commencing.

Exempt works

The following works can be undertaken without a permit or development consent:

1. Dead trees: Removal of dead trees or dead branches of a tree. Note: Ensure the tree is not leafless because it is a deciduous tree.

2. Building clearance: Pruning to remove branches no larger than 50mm in diameter at the nearest branch collar or junction to provide a maximum of 2m clearance to:
   a) a roof;
   b) an external face of a building; or
   c) powerlines as set out under section 48 of the Electricity Supply Act 1995.

3. Parasitic plants: Removal of parasitic plants from a tree.

4. Dangerous trees: Removal or pruning where the tree poses an imminent danger to property or life. Documentary evidence demonstrating that the works are necessary to eliminate an immediate hazard is to be provided to Council by an arborist who holds a minimum Level 5 qualification under the Australian Qualification Framework.

5. Council works: Tree removal, pruning, maintenance and replacement by Council or its duly authorised servants or agents, on land owned by, or under the care, control and management of Council.

Work must be undertaken in accordance with the WorkCover NSW Code of Practice for the Amenity Tree Industry and the guidelines in Australian Standard AS 4373 Pruning of Amenity Trees.

The following is a summary of the Waverly Council Tree Preservation Order to identify works that can be done without council approval and exempt species. This overview is only a guide. Please reference the complete Tree Preservation Order for Waverly Council for more detailed information. Care should be also taken that the tree is not protected for Ecological or Heritage reasons.

Waverley Council Tree Preservation Order allows for the following removal or pruning works WITHOUT council permission. For all works outside of this scope, council approval in writing is required.

1. Any Tree less than 5m in height, with a trunk diameter less than 300mm (measured at ground level) and a canopy width less than 5m.

2. Removal of dead trees (where not forming any habitat) and dead branches, palm fronds or palm fruit.

3. Pruning for electrical service wires by 500mm clearances.

4. Removal or pruning trees in accordance with the Roads Act 1993 for clearances.

5. Pruning of a hedge by no more than 20% of height or width per annum (not to exceed 1.5m).

6. Any tree listed for Waverley Council under the Noxious Weeds Act 1993 and any tree species listed as an exempt species under the Waverley Council Tree Preservation Order (see table below).

Exemptions list

The trees listed in the table below are exempt and do not require a permit for removal.
However, Council must be notified in writing with a photograph of the tree a minimum of seven days prior to removing any exempt trees.

Council Approvals

Council approval in writing must be obtained prior to any works being carried out. Breaching a tree preservation order can result in very heavy fines.

The application forms for obtaining council permission are shown below. The owner of the property on which the tree resides, or an agent acting on behalf of the owner, will need to apply.

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