Complete Guide to North Shore Sydney Tree Removal Regulations: What Homeowners Need to Know

Understanding Tree Protection in Sydney's North Shore

Trees are highly valued across Sydney's North Shore for their environmental, aesthetic, and cultural significance. To protect this urban forest, local councils enforce various regulations that control when and how trees can be removed or pruned.

The Legal Framework

Tree protection in the North Shore operates under several regulatory mechanisms:

• Tree Preservation Orders (TPOs) – Traditional protection mechanisms that specify which trees are protected based on characteristics like species, height, or trunk diameter.
• Development Control Plans (DCPs) – Council-specific planning instruments that include provisions for tree management and protection.
• Local Environment Plans (LEPs) – Overarching planning documents that may contain clauses related to vegetation protection.
• State Environmental Planning Policies (SEPPs) – NSW state policies that can override local controls in certain circumstances.

Key North Shore Councils and Their Requirements

Each North Shore council defines protected trees differently and has unique application processes:

Ku-ring-gai Council

One of the strictest councils regarding tree protection:

• Protected definition: Any tree or palm exceeding 3 metres in height or with a trunk diameter of 200mm or greater at a height of 1.4 metres from ground level.
• Permit types: Tree Management Permit (for up to 3 trees) or Development Application (for more than 3 trees or significant specimens).
• Application fee: $175-$300 for standard permits (as of March 2025).
• Processing time: Typically 2-4 weeks for standard permits, 6-10 weeks for DAs.

North Sydney Council

Balances tree protection with urban development needs:

• Protected definition: Trees over 5 metres tall or with a canopy spread greater than 5 metres, regardless of trunk diameter.
• Permit types: Tree Preservation Order Application or Development Application.
• Application fee: $150-$250 for standard applications.
• Processing time: Generally 3-4 weeks for standard permits.

Lane Cove Council

Focuses on maintaining tree canopy while allowing reasonable property maintenance:

• Protected definition: Trees over 4 metres in height or with a trunk diameter exceeding 150mm measured 1.4 metres above ground level.
• Permit types: Tree Permit Application.
• Application fee: $125-$220 depending on number of trees.
• Processing time: Usually 2-3 weeks.

Willoughby City Council

Extensive protection for both individual trees and urban forest:

• Protected definition: Any tree over 4 metres in height, with a canopy spread of 3 metres or more, or with a trunk diameter of 150mm or more at ground level.
• Permit types: Tree Permit for most cases, Development Application for heritage-listed properties or significant tree removals.
• Application fee: $160-$275.
• Processing time: 3-5 weeks standard processing.

Mosman Council

Strong focus on preserving tree canopy in this harbour-side suburb:

• Protected definition: Trees exceeding 5 metres in height or with a canopy spread greater than 3 metres.
• Permit types: Tree Permit or Development Application depending on scope.
• Application fee: $155-$300.
• Processing time: Generally 3-4 weeks.

When Can You Remove a Tree Without Approval?

While most tree removal requires council approval, there are several exemptions that apply across North Shore councils:

Common Exemptions

The following situations often permit tree removal without formal approval, though specific rules vary by council:

• Dead trees – Most councils allow removal of dead trees, though some require an arborist's certificate confirming the tree is dead.
• Exempt species – Many councils maintain lists of pest or weed species that can be removed without approval. Common examples include:
  • Privet (Ligustrum species)
  • Camphor Laurel (Cinnamomum camphora) under certain size limits
  • Rubber Tree (Ficus elastica)
  • Cocos Palm (Syagrus romanzoffiana)
  • Umbrella Tree (Schefflera actinophylla)
• Imminent danger – Trees posing immediate and significant risk to people or property can sometimes be removed in emergency situations, but documentation of the danger is essential.
• Small trees – Trees below the defined protection thresholds (which vary by council).

Documentation Requirements for Exemptions

Even when exemptions apply, it's advisable to document the situation before removal:

• Photograph the tree from multiple angles, clearly showing its condition or the reason for removal.
• Obtain written confirmation from a qualified arborist if claiming a tree is dead or hazardous.
• Check species identification carefully when relying on exempt species provisions.
• Consider notifying your council in writing before proceeding, particularly for borderline cases.

The Approval Process for Tree Removal

When council approval is required, following the correct process improves your chances of success:

Step 1: Preliminary Assessment

Before submitting an application:

• Determine ownership – Confirm the tree is on your property (boundary trees typically require consent from both property owners).
• Check protection status – Verify whether the tree meets the council's definition of a protected tree.
• Consider alternatives – Council assessment will consider whether pruning or other solutions could address your concerns without removal.

Step 2: Documentation Preparation

Gather the following documents to support your application:

• Site plan marking the location of the tree(s) in question.
• Photographs showing the entire tree and specific issues of concern.
• Arborist report (recommended but not always mandatory) providing professional assessment of the tree's condition, risk level, and recommendation for action.
• Supporting evidence such as structural engineer reports if claiming damage to buildings, or medical certificates if claiming health impacts (e.g., severe allergies).

Step 3: Submission and Assessment

The formal application process typically involves:

• Online application through the council's website (all North Shore councils now offer this option).
• Application fee payment – Fees range from $125 to $300+ depending on the council and number of trees.
• Council inspection – A council tree officer or arborist will visit your property to assess the tree(s).
• Neighbour notification – Some councils notify neighbours about significant tree removal applications.

Step 4: Determination and Conditions

If your application is approved:

• Validity period – Approvals typically remain valid for 12-24 months.
• Replacement planting – Many approvals include conditions requiring replacement trees to be planted.
• Work specifications – The approval may include specific requirements about how the removal should be conducted.
• Qualified removalist requirement – Some approvals specify that work must be carried out by qualified arborists or tree surgeons.

Common Reasons for Permit Approval or Rejection

Understanding what councils consider when assessing applications can help you prepare a stronger case:

Commonly Accepted Reasons for Removal

• Dead, dying, or dangerous trees – Trees in poor health or structural condition that pose genuine safety risks.
• Significant structural damage – Documented evidence of tree roots causing substantial damage to dwellings, drainage systems, or retaining walls (minor damage to paving or fences is usually insufficient).
• Inappropriate species – Trees planted too close to structures or that have grown too large for their location.
• Development approval – Trees located within an approved building footprint, though compensatory planting is usually required.

Common Reasons for Rejection

• Healthy, significant specimens – Particularly native species or trees contributing significantly to streetscape.
• Leaf, fruit, or flower drop – Natural processes and minor inconveniences are rarely considered sufficient reason for removal.
• View enhancement – Removing trees solely to improve views is generally not supported (though pruning for views may be approved).
• Perceived rather than actual risk – Fear of falling branches without evidence of structural issues.
• Minor property damage – Surface-level damage to non-essential structures like garden paths or minor lifting of paving.

Penalties for Unauthorised Tree Removal

Removing protected trees without approval can result in significant penalties across all North Shore councils:

Enforcement Mechanisms

Councils have several ways to penalise unauthorised tree removal:

• Penalty Notices – On-the-spot fines ranging from $3,000 for individuals to $6,000 for companies per tree.
• Court Proceedings – Maximum penalties under the Environmental Planning and Assessment Act can reach $1.1 million for individuals and $5 million for corporations in cases of significant environmental harm.
• Remediation Orders – Requirements to plant replacement trees, often significantly more than what was removed.
• Development Restrictions – Some councils impose restrictions on future development applications for properties where illegal tree removal has occurred.

Recent Enforcement Examples

North Shore councils have become increasingly vigilant about tree protection breaches:

• In 2024, a North Shore homeowner was fined $40,000 for removing three mature eucalypts without approval.
• A developer in Ku-ring-gai received a $150,000 fine for clearing multiple protected trees during site preparation.
• A Lane Cove property owner was required to plant six advanced replacement trees and maintain them for five years after unauthorised removal of two mature trees.

Navigating Difficult Situations

Some situations require special approaches to tree management:

Trees and Neighbours

When neighbouring trees affect your property:

• Overhanging branches – You generally have the right to prune branches that cross your boundary (to the boundary line only), but council approval may still be required.
• Neighbour disputes – Community Justice Centres offer free mediation services for tree-related disputes.
• Trees on boundaries – Get permission from both property owners before making any application.

Heritage Properties

Properties with heritage listings face additional restrictions:

• Higher standards of assessment – Trees may be considered part of the heritage significance.
• Different application process – May require heritage impact statements.
• Conservation orders – Some significant trees have specific preservation orders.

Appeal Options

If your application is rejected:

• Request a review – Most councils allow reconsideration if you provide new information.
• Modified applications – Consider requesting pruning instead of removal, or removing fewer trees.
• Land and Environment Court – For significant matters, you can appeal council decisions through the NSW Land and Environment Court, though this is costly and time-consuming.

Working with Professionals

Engaging qualified professionals improves your chances of navigating the regulatory process successfully:

Qualified Arborists

A consulting arborist can assist with:

• Professional tree assessments and reports – Documenting health, structural condition, and risk in terms councils recognise.
• Application preparation – Providing the technical documentation needed for successful applications.
• Exploring alternatives – Recommending pruning or other management options that might be more acceptable than removal.
• Council liaison – Representing your interests during council inspections or discussions.

Choosing a Tree Service

When selecting a company to carry out approved work:

• Verify qualifications – Ensure they have AQF Level 3 (minimum) arboricultural qualifications.
• Check insurance – Current public liability insurance of at least $20 million is essential.
• Request compliance confirmation – Choose companies that insist on seeing your council approval before commencing work.
• Ask about disposal practices – Responsible recycling of tree waste is important and may be a condition of approval.

Planning for the Future

Developing a proactive approach to tree management can minimise issues:

Property Development Considerations

If you're planning construction or major landscaping:

• Early tree assessment – Include tree evaluation in the initial planning stages of any project.
• Design around significant trees – Consider modifying your design to retain valuable trees.
• Tree Protection Plans – Many developments require formal plans to protect retained trees during construction.
• Compensatory planting – Plan for replacement planting as part of your development.

Selecting the Right Trees

When planting new trees, consider:

• Appropriate species selection – Choose species that won't outgrow their location.
• Native options – Local species are adapted to the area and often preferred by councils.
• Placement planning – Position trees to avoid future conflicts with structures, services, and views.
• Long-term management – Regular professional maintenance can prevent many problems that might otherwise lead to removal requests.

Navigating North Shore tree regulations requires patience and careful planning, but the process helps preserve the leafy character that makes our region so special. By understanding the rules and working within them, you can manage your property's trees responsibly while contributing to our shared urban forest.