Most people that live in a residential area will not need to apply for a permit to remove a tree or to lop tree limbs from their property.

Generally, under our Planning Scheme no permit is required to lop or remove a tree unless it involves:

  • a place or precinct listed in the Historic Heritage Code
  • an area that is subject to the Natural Assets Code

Historic Heritage Code

The purpose of the Historic Heritage Code is to conserve and enhance those elements which contribute to the significance of heritage places, precincts and landscapes. A tree, garden or landscape may be an element that contributes to the heritage significance of the property. In circumstances when vegetation specifically forms part of the heritage description a development application will be required.

Natural Assets Code

The purpose of the Natural Assets Code is to protect areas of significant native vegetation and bushland habitat that contribute to important vistas or maintain habitat and corridors for indigenous fauna. Even if the property is covered by the Natural Assets Code there are further exemptions to the requirement to obtain a permit to remove a tree, for example the removal of dead vegetation and bushfire management.  The exemptions are listed in section Table 4.4 of the Scheme – Vegetation exemptions. A development application must be made if the exemptions do not apply.

Other requirements

In some situations it may not be possible to remove a tree on private land even if it is allowed in the general provisions of the Planning Scheme. This would include circumstances such as:

  • Listed as a significant tree under Clarence Local Provisions Schedule Table C6.5  
  • Permit conditions that prevent or restricts the removal of trees
  • A covenant that prevents or restricts the removal of trees
  • A Part V Agreement under Section 71 of the Land Use Planning and Approvals Act 1993 that prevents or restricts the removal of trees.
  • The vegetation is subject to other Government environmental legislation or policy provisions, for example Regional Forest Agreement or Threatened Species Protection Act.

If unsure you can opt for council to conduct a preliminary assessment – simply complete the Preliminary Assessment for Felling or Lopping of Trees on Private Land form and attach a site plan to confirm the location of the tree.

Please contact us if you require a PDF form. Printed forms are also available at Council Chambers 38 Bligh Street, Rosny Park.