Trees on private land

We protect and preserve the urban environment by regulating how trees are managed when they are on private property. We regulate this through tree applications.

An applicant for the removal of a tree/s, may be the registered owner/s of the property on which the tree is growing, or anyone who has the written authorisation of the owner/s to act on their behalf. Owners consent must be provided by all owners of a property and, where the owner is a Strata Body or company, the Common Seal must be stamped.

Tree work permits cannot be issued for properties which are:

  • heritage listed

  • in a heritage conservation area

  • is located in a biodiversity conservation area

  • or for trees that are listed on the Register of Significant Trees and Vegetation.

If your property falls into one of these categories, you will need to lodge a development application for the tree work. You will need to include an Arboricultural assessment report with your development application. Information on who can prepare these reports and what they contain can be found in the Arborists section below.

To check if your property falls into any of these categories, you will need to check the following links:

  • register of significant trees and vegetation

If the work you are proposing is ‘minor works’, you do not have to lodge a development application. Minor works are general maintenance pruning or deadwood removal (as defined in Australian Standard 4373: Pruning of amenity trees 2007) only. If you need further information, please contact us on 5300 6000.

How to apply

You can download and complete the Tree work permit application form:

If your tree removal is part of a CDC or development, please do not fill in this form.  If you require more information, please contact your Private Certifier or our Greenspace team on 5300 6000.

Please note, you can pay online, over the phone, Bpay or in person. Your request will not be processed until payment is received.

Email or mail your signed form back to us. If you're mailing the form back to us, please mark it attention to:

Greenspace Services

PO Box 63

Blacktown NSW 2148

Applications take up to 28 days to process. Processing will not start until the application fee is paid.

Complying Development Certificate

If your tree removal is part of a CDC or development, please do not fill in this form.  If you require more information, please contact your Private Certifier or our Greenspace team on 5300 6000.

If you are carrying out a development under the Exempt and Complying Development Codes (CDC) or the housing code, there are provisions for the removal of some trees in these codes. Your Certifier should advise you on what is relevant to your property.

If the tree removal you are proposing is not covered by the codes, you will need to either amend the proposal to retain the trees or lodge a development application with us. Under the law, a Tree Work Permit cannot consider development as a reason to remove trees.

Here is a useful fact sheet from NSW Department of Planning and Environment which explains the requirements for tree removal and protection which apply to building approved as complying development:

 

We do not remove or prune trees on private land.  We do, however, protect and preserve the urban environment by regulating how trees are managed when they are on private property.  

The State Environmental Planning Policy (Biodiversity and Conservation) 2021 sets out how we are able to preserve trees and vegetation in our local area.

We regulate tree and vegetation preservation to control clearing in urban areas by prohibiting, without our consent, the:

  • pruning, lopping, cutting down, root cutting, uprooting, killing, poisoning, ringbarking or burning of a tree

  • destruction/clearing of vegetation, whether in part or the whole. 

The definition of a tree (a prescribed tree) in our Development Control Plan 2015 is:

  • a perennial plant with a self-supporting stem which has a height of more than 3 metres and/or a trunk diameter of more than 200mm or more measured 1.0 metre above ground level. 

The definition of vegetation is:

  • trees, shrubs and/or ground covers, or any combination of these, whether or not plant are native.

The State Environmental Planning Policy (Biodiversity and Conservation) 2021 sets out how we will review and assess requests for tree pruning or removal.

We will do a site inspection

On receipt of your application, one of our Urban Forest Officers will inspect the subject trees. This inspection will not require you to be present however, if you specifically request an onsite meeting we will arrange this.

Please be aware that when you sign the application form, you are giving permission for the Urban Forest Officer to enter your property. This includes going behind the building line (into the ‘back yard’).

If the property is tenanted, you must notify us on the application form and provide contact details for the tenant so that we can arrange access.

If there is difficulty accessing the site or more information is needed we will contact you.

The State Environmental Planning Policy (Biodiversity and Conservation) 2021 requires us to determine an application for a permit within 28 days of receipt. The 28 days is calculated from when payment of fees is received, not from when the request is lodged with us. After the 28 days, if we have not notified you of a decision, the application is deemed a refusal.

Applications are inspected in the order in which they are received, but you may choose to pay the additional 'Urgent' fee to have your application assessed within 48 hours of lodgement.

Note:

• urgent applications lodged after 10 am on any Friday will not be processed until the following Monday

• public holidays and weekends are not included in the urgent application processing time of 48 hours

• urgent applications can not apply to more than 10 trees

• pensioners are not eligible for exemption from the urgent application fees.

We complete a visual tree assessment

Our Urban Forest Officers are responsible for assessing your application. It is important for you to include any and all relevant information that you want considered in the assessment process.

We only inspect trees from ground level, completing a basic Visual Tree Assessment (VTA) and risk assessment. Our Urban Forest Officers interpretation of each consideration is based on information provided with the application, industry practice and peer review, and not on the applicant's opinion of the tree/s. All of our staff are highly trained in arboriculture and have extensive experience in the field. They also maintain currency through ongoing training.

They determine if consent is approved based on a number of issues including, but not limited to:

• consideration of a tree’s health, structure and general condition.

• is the tree remanent native vegetation?

• does the tree fulfil its original purpose in the landscape?

• is the tree significant to the site or surrounding area?

• privacy or screening - are the trees planted as part of Development consent?

• whether there is suitable growing space? How much space will the tree require in the future as it grows, if it is retained as existing, in the long term?

• can relocation of, or repairs to the adjacent structure or pipes be achieved without tree works?

• will pruning, routine maintenance (deadwood removal or fruit removal) or the use of alternative technologies (pipe relining, root barriers, etc.) resolve the issues alleged in the application?

• where submitted, independent information from qualified consultants in the industry.

Our determination will be in writing

No work can be undertaken until we provide our written approval.

Consent will generally not be given to remove a tree where:

• a tree is shedding leaves, fruit or bark, as this is considered a natural process

• a tree is causing minor damage to property (e.g. driveways/fences/pathways/retaining walls/paving)

• the objective is to improve a view

• there are unsubstantiated fears about large trees

• a tree is causing blockage to pipes

• a tree is causing shading, particularly to solar panels where the tree was planted before they were installed

• it is assessed for removal as part of a Development Application (DA). The DA process will determine tree removals

• the tree does not suit the existing or proposed landscape.

Where permission is granted by us to remove trees on your land we will generally require replacement trees The requirements for any replacement planting will be conditions of consent and details of the planting required (eg. number of trees, minimum mature height, type) will be provided on the permit.

If you do not agree with our decision, under State Environmental Planning Policy (Biodiversity and Conservation) 2021, you have the right to appeal to the NSW Land and Environment Court.

Appeals to the Court must be lodged within 3 months of the date of notification of our decision, or within 3 months of when it is taken that we have refused the application, whichever is later.

Information on the appeals process is available by contacting the Court on   (02) 9113 8200 or from their website lec.nsw.gov.au.

If you are seeking a review to remove a tree(s) that has been conditioned to be retained on an approved development application (DA), please contact our Development Services Section on  (02) 5300 6000.

First you need to establish whether the tree is protected by the under State Environmental Planning Policy (Biodiversity and Conservation) 2021 and/or the Blacktown Development Control Plan 2015.

If it is, you will need to ask the owner to apply, or to authorise you to apply, to us.

An application form is available here:

If your neighbour does not agree to your request, you may apply to have the matter dealt with under the Trees (Disputes between Neighbours) Act 2006.

Trees (Disputes Between Neighbours) Act 2006

Many disputes occur between neighbours about trees.

Most of these disputes can be resolved by talking the matter through and, where relevant, lodging an application with us. We cannot however, act as a mediator. You may consider a more formal dispute resolution processes through the Trees (Disputes Between Neighbours) Act 2006 in the NSW Land and Environment Court. This Act puts forward a set of logical steps which can be used to resolve the matter without lengthy and expensive legal cases.

Information on the Trees (Disputes Between Neighbours ) Act 2006 process is provided in this fact sheet(PDF, 232KB) or on the NSW LEC website.

This information is provided as a general guide, and specific situations may vary. It should not be relied on as legal advice. For more information and specific advice you should seek your own legal advice from a practicing lawyer or solicitor. Legal advice can also be sought from Law Access NSW, a free legal service run by the NSW State Government, they can be contacted on 1300 888 529.

There are 2 types of Arborists:

• practicing Arborists – these hold a minimum qualification of Australian Qualification Framework (AQF) Level 3 in arboriculture and do physical tree work such as pruning and removals. They cannot prepare arborist reports

• consulting Arborists – these hold a minimum qualification of Australian Qualification Framework (AQF) Level 5 in arboriculture and prepare reports for submission with Tree work permit applications or DA’s.

We do not endorse or recommend any provider or warrant that any service providers are suitable or appropriately qualified. Individuals and organisations should conduct their own review process before choosing or engaging any listed service provider and do so at their own risk.

As the arboriculture industry is unregulated (i.e. there is no Government license requirement as there is for trades such as electricians or plumbers), we recommend that you check anyone you intend to engage to do tree work is both appropriately qualified for the work you are requiring them to do and have current insurance for that work.

The 3 organisations listed below keep registers of qualified and insured Practicing and Consulting Arborists. They will be able to provide you with contact details.

Any person acting contrary to the State Environmental Planning Policy (Biodiversity and Conservation) 2021 will be liable to prosecution unless it can be demonstrated to us that the tree was dying or dead or had become dangerous in a manner that it is imminently about to fall. In the event of prosecution, it will not be a sufficient defence that the species was not appropriately identified by a qualified person.

Under the Environmental Planning and Assessment Act 1979 we are able to:

• issue on-the-spot fines (penalty infringement notices enforced through the State Debt Recovery Office). Where there is a breach of development consent (that includes tree removal without consent), fines of up to $3,000 for individuals and $6,000 for corporations may be issued

• instigate court proceedings for the unauthorised damage (including intentional damage) or removal of a protected tree or vegetation. Penalties of up to 10,000 penalty units may apply if dealt with in the Land and Environment Court or up to 1,000 penalty units if dealt with in the Local Court. The 2017 value of a penalty unit is $110.

A permit or approval is not required to remove or prune a tree in certain circumstances.

These include:

  • if the plant does not meet the definition of a ‘tree’ as outlined in section 4.3 of our Development Control Plan   (PDF, 912KB)

    The definition of a tree is any plant with a self-supporting stem which has a height of more than 3 metres; and/or has a trunk diameter of more than 200mm or more measured 1.0 metre above ground level.

    if a tree is classified as: 

    • ‘dead’ – refers to a tree that is no longer living, lacks hollows, and is not utilised by animals as a habitat. Photographic evidence must be retained by the property owner as proof the tree was dead prior to removal and was not a habitat tree

    • ‘dying tree’ – means a tree that is in such an advanced state of decline, due to damage or disease, that there is an insufficient amount of live tissue, green leaves or branches existing to sustain life and that death is unavoidable. A report, with photographs, or other documented evidence provided by a Consulting Arborist, minimum qualification of Australian Qualification Framework (AQF) Level 5 in arboriculture, must be retained by the property owner as proof the tree was ‘dying’

    • ‘dangerous tree’ – means it is in imminent danger of failing and action is necessary to protect human life, buildings or other, non-relocatable property. A tree can only be declared dangerous by a Consulting Arborist who holds a minimum qualification of Australian Qualification Framework (AQF) Level 5 in arboriculture. A report, with photographs, or other documented evidence, provided by a Consulting Arborist, must be retained by the property owner as proof the tree was ‘dangerous’. 

  • Where the work involves removal of branches partially detached or damaged in storms or high winds but does not include whole trees

  • The pruning or removal of trees required to comply with or under a direction issued under: 

    • Electricity Supply Act 1995

    • Rural Fires Act 1997

    • Any other relevant Act of Parliament or direction from a State emergency service (ie. NSW Fire Brigade, NSW Rural Fire Service, NSW Police).

The property owner must be able to produce written proof that an order or direction was given, by a relevant authority, if requested by an authorised Council officer.

Options are now in place which may allow residents, in designated bushfire prone areas, to clear trees and vegetation from around their home to reduce the risk of bush fire.

These exemptions do not apply to properties that are heritage listed, mapped in the NSW Biodiversity Values Map or on conservation maps in the Blacktown Local Environment Plan 2015. Before carrying out any clearing, you must check with us whether your property can use the 10/50 exemptions.

Information on the code can be found on the Rural Fire Services website at:

On the day of the proposed work, landowners must check the NSW Rural Fire Service website and open the 'online tool' to find out if their property is within a clearing entitlement area.

All clearing must be in line with the 10/50 Vegetation Clearing Code of Practice. You must read the code and apply all relevant conditions to your property.

A copy of the code is available at:

If you are concerned that vegetation on land near you may be placing your property at risk from bushfires, you can request an inspection by an officer from the NSW Rural Fire Service by lodging a Bushfire Hazard Complaint.

Contact Us

Phone

02 5300 6000

Alternate Phone

0253006000

Email

council@blacktown.nsw.gov.au

Location

Blacktown City Council
62 Flushcombe Road
Blacktown
2148
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Fees

Fees are payable with any application. Pensioners submitting a Tree work permit application are exempt from paying application and tree inspection fees if they are also the owner and occupier of the property the tree is located on.

The fees for a Tree work permit are:

• processing fee plus

• inspection fee – calculated based on each tree included in the application. The current fees are set out in section 4.12 of our Goods and Services Pricing Schedule.

Pensioners requiring a tree application to be inspected urgently (within 48 hours) must pay the urgent inspection fee.

Please note, you can pay online, over the phone, Bpay or in person. Your application will not be processed until payment is received. By law, your request is not considered an application until all fees are paid. It is only when the fees are paid that the official processing time starts.

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