Establish whose tree it is first
The verge — the strip between your fence and the kerb — is council land in New South Wales, even though you mow it. A tree planted there is council's, regardless of who planted it or who has watered it for twenty years. So is anything in a park, a reserve, a laneway or a road corridor.
The boundary is not always obvious, particularly on corner blocks, battle-axe driveways and properties backing onto reserve. In the escarpment suburbs a good many rear boundaries stop well short of where the cleared ground does — Thirroul is full of them. Check the deposited plan or ask council before you assume the tree is yours.
What not to do
Do not cut it. Do not get a contractor to cut it. Do not poison it, ringbark it, or quietly reduce it a bit each year.
Councils in this region take damage to public trees seriously, and penalties for unauthorised removal or damage to protected and public vegetation in New South Wales are substantial. A mature street tree that suddenly declines in front of one particular house is not a subtle event, and councils do investigate. The trimming council trees guide goes into this further.
How to lodge a request properly
Contact the relevant council — Wollongong City, Shellharbour City or Kiama Municipal, depending on your suburb — through its customer request system, and get a reference number.
Include the exact location: street address, which side, and a description council staff can find without ringing you. Photographs from several angles, including one that shows the relationship between the tree and whatever it is affecting. A factual description of the problem, framed in terms of risk and obstruction rather than annoyance.
"A limb approximately 200mm in diameter is hanging over the footpath at head height and has a visible crack at the union" gets attention. "The tree is a nuisance" does not.
What councils generally will do
Remove dead or clearly hazardous limbs. Clear branches obstructing the footpath, the roadway, sightlines at driveways and intersections, and street lighting. Deal with a tree that is structurally failing. Prune for clearance from buildings where there is a genuine conflict.
What they generally will not do
Remove a healthy tree because it drops leaves, blocks a view, shades a solar array, or drops fruit and bark. Prune a tree back to a line that suits your gutters. Remove a tree because it is inconvenient. Street trees are a public asset with a management plan behind them, and "I don't like it" is not a ground.
Root damage is a separate and more involved question — see who is responsible for tree root damage.
If council will not act
Escalate in writing rather than arguing on the phone. Ask what assessment was carried out, by whom and on what basis, and ask for the outcome in writing. Councillors can be contacted and often are. The NSW Ombudsman deals with complaints about council administrative conduct.
If the tree is genuinely damaging your property or presenting a risk, an independent arborist's report is the document that changes the conversation, because it puts a qualified opinion against council's own assessment.
Note that the Trees (Disputes Between Neighbours) Act 2006 applies to trees on adjoining land in the ordinary sense, and disputes with a public authority over a street tree are generally handled through the council's own processes rather than that Act. Get proper advice if you are contemplating a claim.
The trees on your side
Anything inside your boundary is yours to deal with, subject to council approval. Ring (02) 4210 5885 for a free quote, or check the cost guide.
Frequently asked questions
Can I prune a council tree myself if it hangs over my land?
Do not. Council trees are council property and every council in this region prohibits unauthorised work on them, with penalties attached. The common law right of abatement that applies between private neighbours is not a safe basis for cutting public vegetation, and councils treat damage to a street tree seriously. Lodge a request instead.
How long will council take to deal with a street tree?
It depends entirely on what you report. A limb hanging over a footpath or a driveway sightline is a safety issue and gets triaged quickly. Leaf litter in your gutters goes onto a maintenance schedule that may be months out, or may be declined. Be specific and factual about risk, and include photographs — vague complaints go to the bottom of the list.
Will council pay for damage its tree caused to my property?
Sometimes, and it depends on whether council knew or should have known about the defect. A limb that fell from a tree council had already been told was dangerous is a different case from one that failed without warning. Report problems in writing and keep the reference number, because that record is what turns a claim from an assertion into evidence.