Sydney’s leafy streets are one of the city’s greatest charms—but sometimes a tree in your yard can cause more headaches than harmony. Maybe its roots are lifting your paving, branches are scraping your roof, or it’s simply too old and unsafe. Before you call in the chainsaw, you’ll need the right council permit.
In this guide, we’ll explain when you must get approval to remove a tree in Sydney, how to check if it’s “protected,” and the steps to apply—so you can care for your garden (and your neighbors’ peace of mind) without any surprises.
Why You Can’t Always Remove a Tree From Your Property
Even if a tree looks like nothing but trouble, it’s not always yours to chop down. In Sydney, many trees are protected—whether they’re tucked on your lot or shading the footpath—and removing them without permission can lead to hefty fines or even legal action. This section unpacks the practical and legal reasons why you might have to keep that tree standing, even when it feels like it’s in your way.
Legal Restrictions and Council Regulations
When it comes to removing a tree in Sydney, it’s not just a matter of grabbing a saw—you’re dealing with a framework of legal protections designed to keep our urban canopy healthy. Below is what you need to know about navigating council rules and formal preservation orders:
Local Council Approvals
Every council in Greater Sydney sets its own thresholds and processes for tree work. While details vary, most will require you to:
- Protected size/species: Most councils automatically protect trees over ~40 cm trunk diameter or certain native species.
- Permit application: Lodge a Tree Works Permit or Development Application with a site plan, photos (and an arborist report if required), plus a fee (~$200–$500).
- Assessment criteria: Councils weigh impacts on neighbourhood character, wildlife habitat, and alternative solutions (like pruning).
Tree Preservation Orders
Beyond general council rules, many Sydney councils issue TPOs to protect specific trees or groups of trees regardless of size. Under a TPO:
- Specific listings: Individual trees or groups named in your council’s planning instruments.
- Strict controls: No pruning or removal without written approval—breaches can incur fines of thousands of dollars and replacement orders.
- Emergency works: Allowed only for immediate safety risks, but you must notify council within 48 hours.
Environmental Considerations
When you remove a tree in Sydney, think beyond your yard—trees underpin local ecosystems:
Habitat & Biodiversity
- Displaces birds, bats, and insects that nest or feed in hollows.
- Affects native understory plants relying on shade and leaf litter.
Soil & Water
- Roots prevent erosion on slopes—without them, heavy rain can wash soil away.
- Leaf litter filters runoff, protecting waterways like Sydney Harbour.
Microclimate & Carbon
- Shade from large trees cools your home and fights the urban heat island effect.
- Trees store carbon; every removal adds to atmospheric CO₂.
Offset & Replanting
- Councils often mandate replacement plantings—ideally local natives.
- Your new trees help meet neighbourhood canopy targets.
Safety and Structural Concerns
When a tree threatens people or property, safety comes first:
Falling Limbs & Collapse
- Cracks, peeled bark, or dead branches can snap off in storms.
- Hollow trunks or rot make whole-tree failure unpredictable.
Root Hazards
- Roots lifting driveways, paths, or foundations causes cracks.
- Invasive roots can block sewer or stormwater pipes.
Tree Health Issues
- Fungal brackets, soft wood, or pest infestations (borers, termites) signal instability.
- Diseased trees can spread pests to nearby structures.
Professional Assessment
- Arborist report: Grades risk, recommends pruning vs. removal, and meets council requirements.
- Licenced fellers: Use exclusion zones, harnesses, and proper rigging to protect people and property.
Alternatives to Tree Removal
Before you reach for the chainsaw, consider these less drastic options that keep your tree—and your garden’s character—intact:
Pruning & Shaping
- Thin or lift the crown to reduce weight and clear roofs or sightlines.
- Remove dead or rubbing branches for safety and health.
Support Systems
- Install cables or braces to steady heavy limbs.
- Use guy wires to secure leaning trunks.
Root Controls
- Fit root barriers to steer roots away from pipes and foundations.
- Prune problem roots carefully to prevent damage.
Relocation
- Transplant small to medium trees elsewhere on your block or donate to community green spaces.
Ongoing Care
- Schedule regular arborist inspections to spot issues early.
- Improve soil and mulching to keep roots strong.
Replacement Planting
- Underplant with smaller natives before removal for continuous canopy.
- If you must remove, replant local species immediately to meet council canopy goals.
How to Tell If Your Tree Is Protected
Not every tree in your yard is fair game—some are legally “off limits” thanks to size, species, or special listings. In this section, we’ll walk you through quick checks to see if your tree needs permission before you even think about pruning or removal. From trunk measurements to online council maps, you’ll learn the simple steps to find out if that shaded giant is protected.
Check Local Council Regulations
To confirm whether your tree is off-limits, your first stop is your local council’s rules. Here’s how to navigate the maze:
Find your council
- Enter your address on the NSW Service Portal or council website.
Locate tree rules
- Look for “Tree Removal,” “Tree Works Permits” or “Vegetation Management” pages and download any guides.
Review LEP & DCP
- LEP lists any Tree Preservation Orders (TPOs) and protected categories.
- DCP explains measurement methods (e.g. trunk diameter at 1.4 m) and when you need an arborist report.
Use GIS maps
Common ones include:
- Trunk diameter over ~40 cm
- Indigenous or locally significant native species
- Location in a heritage or environmental zone
Ask the council
- If in doubt, email or call to confirm whether you need a simple permit, a full development application or just to notify them of minor pruning.
Contact your council
- If anything’s unclear, a quick phone call or email can save weeks of paperwork.
- Ask whether you need a “Tree Works Permit,” a full Development Application or simply a notification for minor pruning.
Consider the Tree's Species
Certain species are more likely to be protected due to their ecological significance, rarity, or historical value. Here’s what you need to know:
Native and Significant Species
- Many councils protect native species that contribute to the local ecosystem. Check if your tree is recognised as a significant species within your council area.
Heritage Listing
- Some trees may be part of a heritage listing due to their age, historical significance, or association with a heritage property. Heritage-listed trees will have additional protection.
Measure the Tree
The size of the tree can also determine its protection status. Specific measurements are often a key factor in protection regulations:
Height and Canopy Spread
- Councils may protect trees over a certain height or with a significant canopy spread. Measure your tree and compare it with the criteria set by your local council.
Trunk Diameter
- The diameter of the tree trunk at breast height (approximately 1.4 metres above the ground) is another common measurement used to assess protection status.
Assess the Tree's Condition
Before starting any permit steps, quickly check your tree’s health and protection status:
- Trunk Size: Measure at 1.4 m—over ~40 cm is usually protected.
- Species: Native eucalypts, figs, jacarandas, and other listed trees often need approval.
- Canopy Health: Sparse foliage, dead branches, or unusual leaf drop signal trouble.
- Disease/Pests: Look for fungal brackets, hollow wood, or boreholes.
- Root Stability: Uplifted soil, cracked paving, or leaning suggests risk.
- Wildlife Habitat: Active nests or hollows increase ecological value—and permit scrutiny.
Special Environmental Considerations
When a tree sits in a sensitive spot, you’ll need to dig deeper than routine health checks. Here are the special environmental factors that can add extra hoops to jump through:
- Waterway & Wetland Buffers: Trees within ~10 m of creeks or wetlands often need biodiversity reports (BDAR).
- Wildlife Corridors & Koala Habitat: Continuous canopy or mapped feed trees require strict sign-off under SEPP rules.
- Endangered Communities: Removal in Blue Gum High Forest, Coastal Saltmarsh, etc., usually needs state-level approval and detailed surveys.
- Heritage & Cultural Values: Trees listed for historic or Aboriginal significance demand heritage or cultural-heritage impact assessments.
- Urban Heat & Air Quality Zones: In heat-vulnerable areas, you’ll likely need a compensatory planting plan to offset lost cooling and filtration benefits.
Local Environmental Plans (LEPs) and Development Control Plans (DCPs)
Local Environmental Plans (LEPs) and Development Control Plans (DCPs) are your roadmap to Sydney’s planning rules—think of the LEP as the “what” (what’s protected, what’s allowed) and the DCP as the “how” (how to measure, how to apply):
LEPs (What’s Allowed?)
- Zoning & Permissions: States if tree removal is exempt, requires consent, or is prohibited.
- TPO Listings & Overlays: Identifies protected species, heritage trees, and environmental buffers on your site.
DCPs (How to Comply)
- Measurement Methods: Exact steps for measuring trunk diameter (DBH at 1.4 m) and mapping tree locations.
- Report & Plan Requirements: Specifies when you need an arborist’s report, site-plan scale, photos and replacement-planting schedules.
- Design Criteria: Sets canopy-retention targets and pruning standards to satisfy the council.
Significant Tree Registers
Councils maintain “Significant Tree Registers” for specimens with exceptional heritage, size, or cultural value. If your tree is listed, expect the strictest controls:
- What It Is: An official list under the LEP/DCP naming trees by species, location, or tag number (e.g. 200-year-old eucalypts, rare palm stands).
- Approval Level: Removal or pruning almost always needs a full development application plus a heritage or landscape impact statement.
- Penalties: Unauthorised work can incur fines (often $20,000+) and orders to replace with large-calibre stock.
- How to Check: Download your council’s register (look under “heritage” or “landscape”), search by address or trunk tag, and verify against your site plan.
- What to Submit: A map/photo package showing the tree and its context, plus an arborist or heritage consultant’s report exploring alternatives.
- Mitigation Options: Propose minimal pruning, structural supports, or planting a like-for-like replacement if removal is unavoidable.
Exemptions from Permits
Some routine tree work doesn’t need a formal permit. Here are the most common exemptions across Sydney councils—always double-check your local rules, but in general you can:
Prune for Maintenance
- Remove dead, dying, or diseased branches up to 50 mm in diameter without approval.
- Hedge-style trimming of non-native or cultivated hedges and screening plants.
Emergency Works
- In an immediate safety risk (e.g. storm-damaged limb about to fall), you may trim or remove the hazardous part.
- You must notify your council within 24–48 hours, often via a simple online form or email.
Small & Non-Native Trees
- Exotic or fruit trees under a specified trunk diameter (often 40 cm or smaller at 1.4 m high) can usually be removed without a permit.
- Check if your council lists smaller thresholds for non-indigenous species.
Agricultural & Orchard Operations
- In some semi-rural zones, routine pruning or removal of orchard trees and shelter belts is exempt when part of bona fide farming activities.
Infrastructure Clearance
- Cutting back branches to maintain clearances from powerlines or other essential services—provided work complies with relevant utility codes and you hire a qualified contractor.
Utility or Road Works
- Trees removed under a separate development consent for building works, road widening or drainage projects often carry their own vegetation-clearance approvals.
Application Process for Tree Removal Permits
Confirm Protection Status
- Ensure the tree isn’t exempt, protected by size/species or listed under a TPO.
Gather Your Documents
- Scaled site plan showing the tree’s location
- Photos of trunk, canopy and any damage
- Qualified arborist’s report (health, risk & alternatives)
- Replacement-planting plan
Complete & Pay
- Fill in the council’s Tree Works Permit or small-scale DA form
- Pay the fee (roughly $200–$600)
Lodge Your Application
- Submit online, by email or in person—and note your application number.
Assessment Period
- Councils typically take 4–8 weeks (longer if heritage or environmental overlays apply).
Receive Decision
- Approved: Follow any conditions (timing, who does the work, replanting).
- Refused: You can revise and resubmit or appeal to the Land & Environment Court.
Do the Work & Report Back
- Hire a licenced arborist/tree-faller to meet permit conditions, then send proof of completion if required.
Consulting with an Arborist
Bringing an arborist on board not only strengthens your permit application—it ensures the health and safety of your tree work. Here’s what to expect and how to make the most of their expertise:
Why Hire One
- Diagnoses hidden disease, decay, or pests
- Assesses structural risks and suggests alternatives
- Provides the certified report most councils require
Picking the Right Arborist
- AQF-certified (Cert. III/IV) or Arboriculture Australia member
- Public liability insured and versed in AS 4373 pruning standards
- Local experience with Sydney councils and native species
What Their Report Covers
- Species, DBH, health rating, and age class
- Photos/diagrams of defects and canopy position
- Risk grading (low/med/high) and work recommendations
Maximising Their Expertise
- Do an on-site walkthrough to point out concerns
- Clarify whether you need a removal or pruning assessment
- Ask for replacement-planting advice to meet canopy targets
What You’ll Need to Apply for a Tree Removal Permit
When considering tree removal on your property in Sydney, particularly within the North Shore area, a tree removal permit is often a necessary requirement. Understanding the application process and the documentation needed is crucial to ensure a smooth and legally compliant removal. Below, we detail the essential components you’ll need to prepare when applying for a tree removal permit.
1. Property and Applicant Information
- Applicant details: Full name, contact info and capacity (owner, strata manager, contractor).
- Property address: Lot and DP numbers (found on your rates notice) plus a clear street address.
- Titleholder consent: If you’re not the landowner, include written permission from the titleholder.
2: Tree Details & Justification
- Species & size: Common and botanical names, plus trunk diameter at 1.4 m (DBH).
- Location sketch: A simple site plan pinpointing the tree relative to fences, buildings and powerlines.
- Reason for removal: Safety risks (storm-damage, decay), structural impacts (roots, foundations), or genuine landscape redesign—spell out why pruning or relocation won’t work.
3: Supporting Documentation
- Arborist’s report: Certified assessment of health, structural condition, risk grade and alternative solutions.
- Photographs: Cracks, fungal brackets, root uplift or any hazards you mention.
- Replacement-planting plan: Species list, pot size and planting locations to meet your council’s canopy-cover targets.
4: Environmental & Heritage Considerations
- Overlay maps: Note if the tree sits in a riparian buffer, wildlife corridor or heritage zone.
- Special studies: Koala SEPP assessments, biodiversity development reports (BDAR) or heritage impact statements where required.
5: Application Fees
- Council fee estimate: Usually between $200–$600; check your council’s schedule of fees.
- Additional charges: Extra costs may apply for heritage-listed trees or state-level referrals.
6: Additional Permits & Approvals
- Development Application (DA): If removal isn’t exempt under your LEP/DCP, you may need a small-scale DA instead of a simple permit.
- Utility clearances: Written sign-off from Ausgrid or Jemena if branches encroach powerlines.
- Strata or neighbourhood consent: In multi-unit sites, agreement from body corporates or shared-driveway neighbours may be required.
When Tree Removal May Be Approved
When might the council say “yes” to taking down that tree? Here are the most common approval scenarios, broken into practical categories:
Safety and Risk Mitigation
Hazardous Conditions
- Dead or dying trees with extensive decay, large cracks or fungal fruiting bodies.
- Unstable limbs (“widow-makers”) hanging over driveways, playgrounds or footpaths.
- Extreme lean that risks collapse onto homes or powerlines in the next storm.
Emergency Scenarios
- Storm-damaged trees that pose an immediate threat- approved as “emergency works” provided you notify council within 24-48 hours.
- Bushfire-affected trees with compromised structure.
Structural and Property Impacts
Root Damage
- Roots heaving footpaths, driveways or foundations, creating safety hazards or expensive repair bills.
- Roots invading sewer or stormwater pipes, leading to repeated blockages.
Building Proximity
- Trees growing too close to walls or roofs—where pruning won’t resolve ongoing damage to guttering, roofing tiles or external cladding.
- Overhang into neighbouring properties that can’t be remedied by crown-lifting alone.
End-of-Life and Environmental Management
Poor Health or Life-Cycle
- Trees at the end of their natural lifespan showing little to no new growth, extensive deadwood and structural rot.
- Pest-infested trees beyond recovery.
Replacement and Canopy Planning
- When you commit to planting an approved number of replacement natives that meet or exceed council canopy targets.
- When removal supports a broader landscape plan—e.g., removing one poor specimen to make way for a healthier grove.
Council Policy Exceptions
Development and Infrastructure Projects
- Trees whose removal is integral to an approved building or road-upgrade DA.
- Utility-approved clearance under separate Ausgrid/Jemena permits.
Special Permit or Variation
- Cases where you’ve successfully applied for a LEP/DCP variation, demonstrating an overriding public or safety benefit.
- Heritage-listed trees where a Heritage Impact Statement shows that removal is the only viable option.
What If a Tree Poses an Immediate Safety Risk?
When a tree suddenly becomes a danger, you can’t wait weeks for a permit. Sydney councils allow emergency works to eliminate immediate risks—here’s how to act fast and stay compliant.
Recognising Immediate Hazards
Key Warning Signs
- Snap-ready limbs: Large, cracked branches (“widow-makers”) hanging over paths, driveways or play areas.
- Severe trunk failure: Deep splits, large fungal conks or trunk walls bowing under weight.
- Uprooting or lean: Tree pulled partially from its roots or tilting sharply after storms.
Emergency Works Protocol
Safe Removal Steps
- Secure the area: Establish exclusion zones with barrier tape or cones to keep bystanders clear.
- Hire licenced professionals: Engage an AQF-certified arborist or licenced tree-faller—never tackle hazardous removals DIY.
Council Notification
- Timeframe: Most councils require notice within 24–48 hours of the work.
What to include:
- Your name, contact and property address
- Tree location and nature of the hazard
- Date and scope of emergency works performed
- How to notify: Use the council’s online emergency works form or email their tree-officer directly.
Documenting & Reporting
Evidence Collection
- Photographs: Before-and-after shots of the hazard (cracks, lean angle, broken branches).
- Arborist’s memo: A brief “post-works” note confirming the danger and actions taken.
Follow-Up & Inspections
- Council review: Officers may inspect to verify the emergency nature of the work.
- Further approvals: If you removed more than just the hazardous limb (e.g., significant crown or whole-tree removal), you may need to submit a full permit application afterward.
Can You Trim or Lop a Protected Tree Instead?
When you’d rather reshape than remove, careful trimming or lopping can keep your protected tree healthy—and your neighbours happy. Here’s how to approach it:
Pruning vs Lopping Defined
Pruning (Good Arboriculture)
- Selective cuts: Removes specific dead, diseased or crossing branches.
- Crown thinning: Opens the canopy for light and air circulation without altering the tree’s natural form.
- Crown lifting: Raises the lower canopy to clear structures or sightlines.
Lopping (Often Prohibited)
- Topping: Cutting back main leaders or large limbs indiscriminately—stresses the tree and regrowth is weak.
- Coppicing: Cutting tree trunks to stumps—rarely suitable for mature protected species.
When Trimming Is Exempt
Many councils allow minor pruning without a permit, so long as it’s:
- Maintenance pruning: Removing dead or unsafe branches up to ~50 mm diameter.
- Non-structural: No removal of primary limbs or alteration of the tree’s overall shape.
- Utility clearance: Branches interfering with powerlines can be cut by qualified contractors under NSW Code of Practice.
When You Need a Permit
Even “just a trim” can trigger approvals if it:
- Removes branches larger than your council’s exempt size (often 50 mm+).
- Alters the tree’s structural framework (major limbs or leaders).
- Occurs on a Tree Preservation Order or Significant Tree register.
Best-Practice Canopy Management
- Follow AS 4373 standards: Ensure cuts are in the right place to heal properly.
- Limit wound size: Large stubs invite rot—make clean, minimal cuts.
- Seasonal timing: Prune outside nesting seasons (typically August–January) to protect wildlife.
Hiring Qualified Help
- AQF-certified arborists: Know native species, legal limits and pruning techniques.
- Insured contractors: Public liability cover and safe work methods protect you and your property.
- Permit support: A professional can advise whether your proposed pruning needs formal approval—and can even lodge the application on your behalf.
What Happens If You Remove a Tree Without Permission?
Removing a tree without the proper approvals can trigger serious consequences—here’s what you need to know:
Penalties & Fines
Council-Issued Fines
- On-the-spot penalties: Rangers or compliance officers can issue fines immediately after unauthorised work is spotted.
- Scale of fines: Typical infringements range from $2,000 to $5,000, but for high-value or heritage trees, penalties can exceed $20,000.
Maximum Court Penalties
- Local Court: Councils may take you to court, where maximum fines under the Local Government Act can reach $110,000 for individuals and $220,000 for corporations.
- Additional daily fines: If non-compliance continues, daily penalties may apply until the breach is rectified.
Enforcement & Legal Action
Compliance Notices
- Notice to secure: A formal “Tree Preservation Order Breach Notice” may require you to stop work and preserve the remaining tree.
- Rectification orders: You might be ordered to replant or install protective measures within a set timeframe.
Land & Environment Court
- Councils can escalate serious breaches to the Land & Environment Court, seeking injunctions to halt works or force restorative action.
- Court proceedings are public, costly, and can carry additional legal costs you’ll have to pay.
Restoration Orders & Offsets
Replanting Requirements
- Like-for-like replacement: You may be ordered to plant mature native trees of the same species and size class.
- High survival stock: Councils often demand tube-stock of at least 45 litres or advanced semi-mature trees to match canopy value.
Biodiversity Offset Schemes
- In environmentally sensitive zones, you might need to fund or undertake a Biodiversity Development Assessment Report (BDAR), then deliver offset plantings off-site.
- Offset costs can run into tens of thousands of dollars, depending on the species and habitat value lost.
Impact on Future Approvals
Permit Credibility
- A breach on your record may lead to automatic refusal of future tree or development applications.
- Councils keep internal registers—getting one permit breach can complicate unrelated projects.
Neighbour & Community Relations
- Neighbours may object more strongly in future consultations if you’ve previously removed protected trees without permission.
- Strata and body corporates also share records—your reputation in multi-unit sites can suffer.
Arborists aren’t just tree surgeons—they’re your ticket to a smoother, faster approval and a safer, healthier landscape. By understanding Sydney’s protection rules, exploring smarter alternatives and assembling a complete application (with photos, site plans and an expert report), you’ll avoid costly delays or fines. Take the time now to plan thoughtfully—then you can enjoy your outdoor space, confident that every branch you prune or tree you remove is backed by the right permission and professional advice.
