If you wish to remove or prune a tree which is protected by Council's Tree Preservation Order 2006 (TPO), and which is located on private property, you will need to submit to Council a current application form. Relevant fees are listed on the application form and applications will not be accepted by Council unless accompanied by the appropriate fee.

All applications to prune or remove trees must have the consent of all the owner/s of the property on which the tree stands or must be accompanied by a full, current copy of the legal instrument that permits the nominee to act on the owner/s behalf.

Application forms and fees are updated in first of July each year. It is the responsibility of the applicant to ensure they have the most current form.

Trees affected by a Development Application but requiring tree works

You must advise if the property is subject to a current Development Application or Development Consent that affects the tree. If you wish to carry out works to a tree which are not permitted under a current Development Consent, you will need to lodge a Section 96 application form to request an amendment to the conditions of consent, before the proposed work will be considered.

Private trees that are identified in Council's Local Environment Plan as Heritage Items

If the tree is a Heritage Item, identified in Council’s Local Environmental Plan 1995 (LEP), you can still apply to undertake pruning or removal works to the tree using the standard application form. When requesting removal of a heritage listed tree you are strongly advised to include a report, prepared by a qualified arborist, which clearly identifies the reasons for recommending removal of the tree. All Heritage items are listed in the Woollahra Local Environmental Plan 1995 - Schedule 3: Heritage Items.

Removing or pruning trees on your property

If the tree is growing on your property you will need to submit to Council a completed application form. All the legal owners of the property must sign the application form and the form must be accompanied by the relevant fees as stated on the form.

Trees growing on rented property

If you are the tenant of a property, you will need to obtain the written consent of the property owner before lodging an application form. The application form must be accompanied by the relevant fees as stated on the form. Managing agents are not able to sign on behalf of the owner of the property.

Removing or pruning trees on your neighbour's property

If the tree is growing on your neighbour’s property you may still lodge an application form; however, the owner of the property on which the tree stands must sign the application before it will be considered by Council.

Council does not mediate disputes between neighbours regarding trees. Conflict over the management of private trees in neighbouring properties is the responsibility of both neighbours to resolve. Disputes may be settled with the assistance of a Community Justice Centre aide. The contact phone number for the Community Justice Centre is 1800 990 777.

Where attempts for mediation between the parties have failed, the opportunity exists for an owner of land to apply to the NSW Land and Environment Court, under the provisions of the Tree (Disputes Between Neighbours) Act 2006 (The Act), for an order to remedy, restrain or prevent damage to the owner’s property, or to prevent injury, as a consequence of a tree situated on adjoining land.

The Act does not apply to Council owned trees, or private trees which may block sunlight or views. The NSW Land and Environment Court has recently adopted the following tree dispute principle: the dropping of leaves, flowers, fruit, seeds or small elements of deadwood by urban trees ordinarily will not provide the basis for ordering removal of or intervention with an urban tree.

Where the court is satisfied that the tree which is the subject of the application has caused, is causing, or is likely to cause damage in the near future or poses a risk of injury to a person, the court has jurisdiction to make a range of orders. These orders are designed to remedy or prevent damage, or prevent injury to a person, and may involve the trimming or removal of the tree, installation of root barriers and other such action.

Removing or pruning trees on Strata or Company Title property

If the tree is growing on property owned by Strata or Company title, the application form must be signed by an authorised officer under common seal. The application must also include the minutes from a meeting of the Body Corporate or Executive Committee at which the listed works were approved. The application form must be accompanied by the relevant fees as stated on the form.

Private trees overhanging public space

Where trees or shrubs from private property overhang a public walkway or carriageway causing obstruction, damage or potential damage to the public, Council may serve an Order on the tree owner to prune or remove the offending vegetation. In some cases Council may undertake to carry out tree works and charge the property owner to recover the costs.

To request that Council investigate private trees or shrubs overhanging public space please contact our Customer Service Department on 9391 7000, or email records@woollahra.nsw.gov.au.

Processing your TPO application

Upon receipt of your completed application form, a Council Tree Officer will be assigned to process your request. A site inspection, to assess the tree and the merits of your application, will be required before a determination can be made. It will also be necessary to notify the owners in adjoining properties of your application prior to making a determination.

When assessing an application, the criteria to be taken into consideration may include: 

• risk of personal injury posed by the tree
• risk of damage to buildings, structures or services
• the tree’s health, growth habit, stability and structural soundness of the tree and condition of the ground
• the extent of the other trees on the property
• the significance of the tree
• the effect on the streetscape
• whether the tree forms a part of or is remnant indigenous vegetation
• the effect on biodiversity
• the cultural or heritage significance of the planting, particularly in a conservation area.

TPO determination

At the end of the assessment process the Council Tree Officer will make a determination in writing which will be forwarded to the applicant (and owner of the tree where applicable). If approval is granted for the proposed works, or part thereof, the approved works must NOT be commenced prior to receipt of the written determination.

If an application is refused, or part refused, you may lodge an application for review of the determination. Additional information not available at the time of the original assessment must be provided with any application for review. This additional information would normally take the form of an arborist and/or engineering report. An application for review must be lodged within 12 months of the date of issue of the original determination. Fees for a review of determination are 50% of the original TPO application fee.

Once I have received consent for tree works, can Council do the work?

Council does not carry out approved private tree removal or pruning works. It is the responsibility of the applicant to organise for approved works to be undertaken. As a condition of approval, applicants may be required to engage the services of a qualified arborist trained to prune trees to Australian Standards. A list of qualified arborists can be found on either the National Arborists Association of Australia or International Society of Arboriculture websites.

Replacement planting

In some cases, a permit for tree removal may include a condition requiring you to plant a replacement tree. The condition may specify the size and species of tree to be planted. Your local nursery will have information and advice on appropriate replacement planting and ongoing management of your trees and shrubs.

Woollahra Municipal Council, in conjunction with a number of other local Councils has produced a brochure called Local Native Plants for Sydney’s Eastern Suburbs. Copies of the brochure are available from our Customer Service Department at Council Chambers.

When considering replanting options, the following points should be taken into consideration:

• the characteristics of the replacement planting, (that is, how big will it get, is it deciduous etc?)
• proximity to services, (electricity wires, sewer/ drainage lines)
• proximity to buildings, walls etc
• neighbouring properties.