How to Get Council Approval to Remove a Tree
There may come a time when you need to remove a tree from your property. This can be for a number of reasons, including safety concerns, damage to property, or simply because the tree is no longer wanted. If this is the case, you will need to get approval from your local council before you can go ahead with the removal. As a crane hire company in Sydney that specialises in tree removal, among other heavy lifting tasks, we can walk you through the process of getting council approval to remove a tree.
What is Council Approval?
Council approval is required for any tree removal that is not part of routine maintenance or gardening. This approval is necessary to ensure that the removal of the tree does not have a negative impact on the surrounding area. The council will also need to be satisfied that the tree is not located in a conservation area or protected in some other way.
To get council approval, you will need to submit a tree removal application. This can be done online or in person at your local council office. You will need to provide some basic information about the tree and the reasons for its removal. The council will then assess the application and decide whether or not to approve the removal.
When is Council Approval Not Required to Remove a Tree?
There are some instances where you will not need to get council approval to remove a tree. These include if the tree is:
- Dead
- Dangerous
- Fallen
- Within 10m of your home in fire danger zones
- Invasive species
Dead, dying, or dangerous
If the tree is dead, dying, or is dangerous, then you do not need to get a permit for tree removal. You should just make sure that you have detailed records of the tree with photos, and proof of the level of risk that the tree presents.
If a tree is down and causing an obstruction, then it needs to be removed as soon as possible. If you don’t remove it quickly enough then you could be at risk of being held liable for any damages caused by the obstruction.
Cause interference with domestic power, telecommunication lines, or other services:
You are also allowed to remove a tree if it is causing interference with domestic power lines, telephone lines, or other services. Just make sure that you have proof from the service provider that the tree is causing an issue.
Trees within 10m of your home in fire danger zones
Providing your property is within the 10/50 vegetation clearing entitlement area you are permitted to clear
trees on your property within 10 metres of a home, without seeking approval; and clear underlying vegetation (other than trees) such as shrubs on your property within 50 metres of a home, without seeking approval. You can check if you are in a 10/50 area
here.
The Process of Getting Approval from Your Local Council
Getting approval from your council will depend on the type of tree you want to remove from your property and who your council is. You can check to see if a property or area of land has a Tree Preservation Order on it, by looking at the council website or by contacting the local council. Generally, however, your council will require you to follow specific procedures, including:
Submit an application form to your council
You will need to submit a development application form and the required information to your council.
Wait for your application to be processed
Your council will assess your application and decide whether or not to approve it. This process can take up to eight weeks.
Attend a hearing (if required)
In some cases, your council may require you to attend a hearing. This will discuss your application and the reasons for wanting to remove the tree.
Wait for the decision
Once the hearing has taken place, your council will decide on whether or not to approve your application. This decision can take up to four weeks.
As you can see, getting approval to remove a tree from your property can be a bit of a process. However, if you follow the procedures outlined above, you should be able to get the approval you need without any problems.
Local Councils Application Form
Below, you will find links to many local councils areas around New South Wales. This application form is for property owners.
Tree Species Exempt from Council Approval
Unless the tree is on the register of significant trees or on the heritage trees list the following species can be removed without council permission:
- African Olive
- Bamboo (all species and cultivars)
- Banana
- Citrus (all varieties)
- Cocos Palm
- Cotoneaster
- False Acacia
- Mulberry
- Norfolk Island Hibiscus
- Privet
- Rubber Tree
- Tree of Heaven
- Umbrella Tree
- White Cedar
- Wild Honey Locust
- Willow
What should you do next if your application is approved?
- Get a tree removal contractor: Once you have received approval from the council, you will need to find a reputable tree removal contractor to carry out the work.
- Remove the tree: The contractor will then remove the tree following the council’s requirements.
- Clean up: Once the tree has been removed, you must make sure that the area is clean and safe.
What to do if your application is denied?
Unfortunately, there are times when your application for tree removal will be denied. This could be because your tree is of heritage significance or because the council feels the need to make sure that the tree will be replanted if you are allowed to remove it.
If your application is denied, you have the right to appeal the decision. To do this, you will need to submit an appeal form, which can be obtained from your local council. Once you have submitted the form, a hearing will be scheduled. At the hearing, you will be able to present your case as to why you believe the decision should be overturned. After the hearing, the council will decide on your appeal, which can take up to four weeks.
If you are still unhappy with the decision after your appeal has been denied, you can take your case to the Supreme Court. This is the last resort and should only be done if you have exhausted all other options.
Here are some of the most common reasons your application will be denied.
- They are significant trees
- The council believes that the tree should be replanted
- The application was incomplete
- There were outstanding fees owed to the council
Key Takeaway
Getting approval from your local council for removing trees can be a bit of a process, but it is possible. Be sure to follow all the procedures outlined in this guide and submit all the required information to increase your chances of success. Once it's approved, you can hire someone to take the tree away for you.
HiLine Cranes is a crane hire company specialising in tree removal. We service the greater Sydney area and the surrounding suburbs. No matter how difficult the task may seem, we can help you with all your tree removal needs.
