Tree care advice

Getting a tree permit through your council

2024-04-22

Start by finding out if the tree is protected

Councils in the Illawarra protect trees on private land through their tree preservation controls. In Wollongong those sit within the Wollongong Development Control Plan; Shellharbour City and Kiama Municipal each run their own equivalent. The details differ, but the structure is the same: trees above a stated height or trunk size are protected, some species and situations are exempt, and everything else needs an application.

The practical first step is to ring your council with the address and ask. It takes ten minutes and it is free. Getting this wrong is the single most expensive mistake in domestic tree work, and the penalty lands on the property owner rather than the contractor.

Check which council you are actually in before you start — the service areas page sets out which of the three governs which suburb. People in Albion Park regularly ring Wollongong, and people in Kiama regularly follow advice written for Shellharbour.

The exemptions that genuinely exist

Dead trees and imminent hazards. Real, but narrower than people think, and you need evidence from before the work rather than after it.

Listed exempt species. Most councils exempt certain species outright, usually declared weeds and a handful of problem exotics. Camphor laurel and various palms commonly appear. Check the current list rather than a list somebody quoted you in 2019 — see also the palm tree guide.

Distance from a building. Some controls exempt trees within a short distance of an approved structure. The distance is specific, it is measured from the trunk, and it is not a general licence.

The 10/50 vegetation clearing entitlement. Inside designated 10/50 areas mapped by the NSW Rural Fire Service, you may clear trees within ten metres of a home and underlying vegetation within fifty metres without approval. It only applies inside the designated area. Being on bushfire prone land is not the same thing. Check the address on the RFS tool.

What an application needs

A completed tree works application form for the relevant council, the property details and owner's consent, a site plan or sketch showing which tree and where it sits relative to buildings and boundaries, and clear photographs — the whole tree, the base, and whatever the problem is, close up.

A written reason that is more than "it drops leaves". Structural defect, damage to a building, disease, obstruction of an approved development or genuine safety risk are reasons. Inconvenience generally is not.

When you need an arborist report

For a large, mature or significant tree, and for anything where the argument is that the tree is structurally unsound, expect council to want an independent report from a consulting arborist with the appropriate qualification. The report describes the tree, assesses its health and structure, and makes a recommendation.

It is a separate piece of work and a separate cost from the tree job, and it should come from somebody independent of whoever quotes the removal. Arborist reports can be arranged alongside the rest of the work.

If approval is refused

Councils often approve pruning where they will not approve removal, so ask what would be supported. A crown reduction or a selective pruning job frequently resolves the actual problem — a limb over the roof, a shaded yard — without the tree having to go.

Where a tree is genuinely damaging property or endangering people and council will not act, the Land and Environment Court has jurisdiction under the Trees (Disputes Between Neighbours) Act 2006 for trees on neighbouring land. See tree root damage for how that works in practice.

Council trees are a different question entirely

None of this applies to street trees or trees in parks. Those belong to council and no private contractor should go near them — see trimming council trees and council trees overhanging your property.

For a free quote once you know where you stand, ring (02) 4210 5885, or read the cost guide first.

FAQs

Frequently asked questions

How long does a tree removal application take?

Allow several weeks from lodgement. Council has to assess the application, and for anything significant an officer will normally inspect the tree. Applications that arrive with photographs, a clear site plan and an arborist report where one is needed move faster than those that do not. If the tree is an immediate danger, say so — genuine hazards are handled differently from planned removals.

What if the tree is dead or dangerous?

Dead trees and trees posing an imminent risk generally fall under exemptions, but the definition of imminent is narrower than most owners assume, and the burden of proving it afterwards sits with the property owner. Take dated photographs before anything is cut and, where there is time, get a written arborist assessment. A photograph taken after the tree is on the ground proves very little.

Can I be fined for removing a tree without approval?

Yes, and penalties for damaging or removing protected vegetation in New South Wales are substantial. They fall on the property owner, not on the contractor who was told the paperwork was sorted. Councils in this region do act on reports from neighbours, and a mature tree that vanishes overnight is not subtle.

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