Tree care advice

How Tree Permits Actually Work Here

2021-07-20

Start with the assumption that your tree is protected

Across Sydney's North Shore, tree removal and significant pruning on private land are regulated by each council's development control plan. Ku-ring-gai, Willoughby, Hornsby, Lane Cove and the City of Ryde all have controls, and none of them is a formality.

Ku-ring-gai runs the strictest regime in the region and enforces it actively. Willoughby is close behind. If your tree is in either of those council areas and it is bigger than a shrub, assume you need consent and work from there.

The thresholds differ but the shape is similar: a tree above a certain height, or above a certain trunk diameter measured at a set height above ground, is protected unless it appears on an exemption list.

Exemptions usually cover declared weed species — camphor laurel, privet, cocos palm in some areas — and trees within a short distance of a dwelling in certain circumstances. They are narrower than most owners assume, and they are not the same council to council. A camphor laurel that is exempt in one suburb may not be in the next.

The extra layer: endangered communities

Two critically endangered ecological communities survive here in fragments. Blue Gum High Forest occupied the shale ridge through Gordon, Pymble and St Ives, and Dalrymple-Hay Nature Reserve is one of the surviving remnants. Sydney Turpentine-Ironbark Forest sits on the shale-sandstone transition through Ryde, Lane Cove and parts of Pymble.

Where a tree forms part of a remnant of either community, it carries protection beyond the ordinary council controls — and that applies on private land, not only in reserves. This is the situation where a removal application is most likely to be refused, and where proceeding anyway carries the greatest risk.

What makes an application succeed

Councils are not persuaded that a tree is too big, too close, too messy, or blocking a view. They are persuaded by evidence of a genuine structural or health problem: decay at the base, fungal fruiting bodies, a splitting co-dominant union, included bark, significant deadwood, a lifting root plate, or documented damage to a structure.

That evidence usually comes as a report from a consulting arborist, and on a marginal tree it is money well spent. Where consent is granted, expect conditions — replacement planting is routine, and sometimes a specified species and size.

What to do instead when the answer is no

A refused application is not the end of the problem. Deadwooding, targeted reduction of over-extended limbs and clearance from the roof deal with most of the actual risk a large tree poses, and that work generally sits within what councils permit. The pruning page explains what good practice looks like.

Before you book anyone

Get the permit position established first. Ring (02) 9090 4915 and we will tell you which category your tree falls into. More on your particular council on the service area pages, and more questions answered in the FAQ and back on the blog index.

FAQs

Frequently asked questions

What are the penalties for removing a tree without consent?

They are significant. Councils can issue penalty notices and pursue prosecution, and where the tree formed part of a listed endangered ecological community the exposure is higher again. Courts have also ordered replacement planting and long-term maintenance bonds. The cost of doing it properly is always lower than the cost of not.

How long does an application take?

Weeks rather than days, and it varies by council and by how complete the application is. A straightforward application on a clearly declining tree with a supporting arborist report moves faster than one with photographs and an opinion. Build the timeline into your plans rather than booking a crew and hoping.

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