An application to remove a tree is not required for:
- Trees that are less than 4 metres in height and have a trunk diameter of less than 200 millimetres, when measured at height of 1 metre from the ground.
- The removal completely of torn limbs and dead wood
- Pruning of less than 10% of the canopy up to once every growing season and only branches less than 100 millimetres in diameter.
- The pruning of roots less than 100mm in diameter
There are some species of tree that are also exempt from Council’s Tree Preservation Order (PDF 400.2KB). For any pruning or removal of these species, formal notification to Council is not required. Please see Clause 3.0 of the Tree Preservation Order for a list of these species.
If you would like to remove a tree from your own propert you will ened to complete and lodge a Tree Application form.
You can lodge your form:
in person – Council’s administration building at 7-15 Wetherill Street, Leichhardt
by mail – mail to Leichhardt Council, PO Box 45, Leichhardt NSW 2040
Payment – By Mail – cheque only. In person – cash, cheque, EFTPOS, credit card (0.8% charge on credit card payments; no Amex or Diners)
Lodgement of an application for tree removal shall incur a fee and must be paid when lodging the application.
Neighbours have the right to prune the branches of a tree overhanging their property, but only where such pruning is consistent with the Exempt controls (section 5) of the Tree Preservation Order.
This pruning can only occur to the boundary line and should occur without crossing the boundary to undertake the pruning. It is advisable to approach your neighbour prior to pruning.
You must seek consent from the owner of the tree if you wish to remove the tree and/or prune more than the ‘Exempt’ controls in the Tree Preservation Order.
Consent is not required for the removal of dead or dying limbs which overhang from neighbouring properties. These may be removed to the boundary provided that the removal is consistent with the Tree Preservation Order and all work must ensure the safety and health of the tree and be undertaken in accordance with the Australian Standard of Pruning of Amenity Trees (AS4373 - 2007).
An inspection will normally be made within 14 days of lodgement; however timeframes may vary depending on the work load at the time of your application. Council must be notified if your presence is required for access to the site. Following assessment of the application and an inspection of the tree, a written determination will be mailed to the applicant.
Council will determine if the work you wish to undertake is necessary. When assessing and determining tree applications, Council shall take into account the following:
- The overall aims of Council’s Tree Preservation Order; The health and vigour of the tree at time of inspection;
- The tree’s significance to the surrounding landscape;
- How critical and pertinent the reasons for the application are; and
- Any supporting documentation supplied with the application.
You can appeal a Tree Removal decisions by contacting Council’s Landscape Assessment Officer on 9367 9383 between 8.30am and 10.00am Monday to Friday. If after discussions with the above officer, you are still not satisfied, you may appeal the determination in writing. The appeals process is as below:
- The appeal must be lodged within one month of the date of the determination
- The appeal must be accompanied by an independent arborist’s report.
- A fee applies to appeals on all previous tree determinations. This fee is currently 50% of the original application fee.
Further appeals are available to be made to the Land and Environment Court. Please seek your own legal advice in this regard.