Trees on Private Land
Trees play an important role in our environment. They provide habitat for wildlife and protect soil and water supplies.
The State Environmental Planning Policy (Biodiversity and Conservation) 2021 includes provisions requiring the preservation of trees and bushland within The Hills Shire and provides the authority for tree removal.
Consent is required to:
- Prune a tree by more than 10%
- Remove any tree not exempted from the Tree Preservation Order
- Substantially alter the soil level within the 3 metres surrounding the tree's trunk
If you are responsible for the removal, damage or lopping of a tree without Council’s consent you may be liable for a possible maximum fine of up to $1,100,000.
Consent is NOT required to:
- Remove a priority weed
- Remove a tree grown for its fruit
What you need to know
Tree Management Guidelines for Private Trees(PDF, 5MB)
Tree Management Fact Sheet(PDF, 1MB)
Trees – Disputes Between Neighbours
Trees are often a cause of disputes between neighbours, particularly where branches overhang a common boundary or tree roots encroach into adjoining properties.
Council does not have the authority to direct a neighbour to prune or remove trees located on private property unless an imminent danger exists. Council is also unable to negotiate or intervene in neighbourhood tree disputes. These matters are civil in nature and must be resolved between the affected parties.
If negotiations between neighbours are unsuccessful
You may wish to seek independent legal advice regarding any course of action available to you. If you require assistance in understanding your options or communicating with your neighbour, the following services may be helpful:
- LawAccess NSW
Provides detailed information on how to resolve disputes and outlines steps to take where an agreement cannot be reached. LawAccess also offers an online chat service and a free government phone service, available Monday to Friday between 9:00 am and 5:00 pm on 1300 888 529.
- Trees (Disputes Between Neighbours) Act 2006 (NSW)
This Act establishes a legal framework for resolving disputes between adjoining landowners relating to trees and high hedges on private land where informal resolution has not been successful. The Act replaces common law nuisance claims for most tree‑related matters and empowers the Land and Environment Court of NSW to make binding orders.
Further information is available on the Land and Environment Court’s website under Tree and hedge disputes, or by contacting the Court on (02) 9113 8200.
Application Forms
Use the following form to apply for:
- Assessment by Council Officers for removal of tree/s
- Tree pruning (by more than 10%)
- Further advice on trees on private land.
Tree Management Application(PDF, 769KB)
View associated Fees & Charges - (Fees & Charges are Part 5 of The Hills Shire Plan)
Further Assistance
For further assistance with your application please call Council during business hours or +61 2 9843 0555.
10/50 Vegetation Clearing Code of Practice
Please note that the 10/50 Vegetation Clearing Code of Practice applies to parts of the Shire. Residents should make their own assessment as to how the 10-/50 Code applies to their property. More information can be obtained from the RFS website.
Native Vegetation Clearing Application
A Vegetation Clearing application is required to be lodged for minor works that are proposed to clear any native vegetation that is not approved as part of a Development Consent issued by The Hills Shire Council or a Hazard Reduction Certificate issued by NSW Rural Fire Service.
Vegetation Clearing Application Form(PDF, 99KB)
Consulting and Contracting Arborists
The organisations listed below keep registers of consulting and practicing arborists.
They may be useful for sourcing an arborist to:
- assess and report on trees
- supervise works on or next to trees
- prune or remove trees
Disclaimer: The Hills Shire Council does not endorse or recommend any listed provider. Council does not endorse the qualifications of any service providers. You should conduct your own review process before choosing any listed service provider. You are contacting these service providers at your own risk.