Council protects trees and vegetation on private land to preserve the Tweed’s character, amenity, biodiversity, historical and ecological values. The importance of mature trees in urban areas around the world is increasingly being recognised for the values they provide to the liveability of our cities and towns.
Trees play an important part in:
- providing habitat and food for wildlife maintaining the health of our lands and our living environment
- reduce the effects of sunlight, summer heat, reflection, pollution, humidity, wind, glare, refraction and noise
- protecting soil and water supplies
- providing shelter and protection from predators for many birds, animals and insect species
- acting as extensions and links between core bushland, as bushland corridors (particularly in urban areas)
- acting as the "lungs of the earth", taking in and storing carbon dioxide and producing oxygen, thus filtering the air, and significantly reducing airborne pollution
Tree removal in non-rural areas (e.g. residential)
Prescribed Vegetation is protected in non-rural areas under State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and Council's Development Control Plan - Section A16 Preservation of Trees and Vegetation (DCP A16) (320kB PDF).
If a land owner wishes to remove or damage any Prescribed Vegetation on their "non-rural" property, a permit may be required from Council.
Use the "Do I need approval" section below to help determine if an Application for Removal/Pruning of Trees or Vegetation Clearing (73kB PDF) is required.
Note there is no application fee to lodge a tree removal application.
An application will be considered to be refused if a response has not been provided within 28 days of lodgement (unless otherwise notified).
Tree removal in rural areas
Clearing of native vegetation in rural areas e.g. RU1 – Primary Production, RU2 Rural Landscapes or DM – Deferred Matter areas (where not associated with an activity that requires development consent), may require approval under the Local Land Services Act 2013. Contact Local Land Services on 1300 795 299 or see www.lls.nsw.gov.au/help-and-advice/land-management-in-nsw for more information.
If the clearing is associated with an activity that requires development consent see below for more information.
Do I need approval?
Under SEPP (Vegetation in Non-Rural Areas) 2017 and Council’s DCP A16 you may be required to lodge an application if you are in one of the following common land use zones:
- Residential Zones (R1, R2, R3, R5 large lot residential, RU5 Village)
- Business Zones (B1-B7) and Industrial Zones (IN1, IN4)
- Recreation Zones (RE1, RE2)
Visit the NSW legislation website for a full list of the non-rural zones.
To check your land use zone, visit the Tweed LEP mapping website or contact us.
If you are in one of the following rural zones/area, contact Local Land Services on 1300 795 299:
- Rural Zones (RU1, RU2)
- Waterway Zones (W1, W2)
- Deferred Matter Areas
If you are proposing to remove vegetation that qualifies as prescribed vegetation under DCP A16, you may be required to lodge an application:
- Local native trees
Equal to or greater than 5 m in height
- Local native vegetation
(of any height) that occurs as part of a bushland community
An application will always be required to remove the following vegetation. No exemptions apply.
- Very large trees
Trunk diameter equal to or greater than 0.8 m (measured at 1.4 m above natural ground level)
- Primary koala feed trees
Eucalyptus robusta (Swamp Mahogany), E. tereticornis (Forest Red Gum), E. microcorys (Tallowwood) and E. propinqua (Small-fruited Grey Gum) greater than 5 m in height
- Threatened plant species, population or community
Listed under the Biodiversity Conservation Act 2016 or Environment Protection & Biodiversity Conservation Act 1999
- Listed significant vegetation
E.g. Heritage listed tree under Schedule 2 of DCP A16
If any of the following applies you do not need to lodge an application:
- An exemption under Schedule 1 of DCP A16
- Works are part of an approved development application
- Other legislation overrides the need for a permit
Contact us if you require further assistance.
Other information
Council does not have the authority to require a property owner to remove a tree on their property unless it is impacting Council managed public land. Council cannot become involved in civil disputes regarding trees on private property unless the trees in question are Prescribed Vegetation under DCP A16 and a permit is for removal or pruning is required.
The Trees (Disputes Between Neighbours) Act 2006 provides a mechanism for resolving disputes between neighbours involving trees through the Land and Environment Court.
Under this legislation, residents must first attempt to resolve a dispute through mediation with their neighbours before applying to the Court to have their cases heard.
Further information about this process can be obtained from the following websites:
- Community Justice Centre
The Community Justice Centre (CJC) provides a free mediating service to assist you in coming to an agreement with your neighbour. It is not mandatory for your neighbour to attend the CJC, but most people are willing to discuss the issue with a neutral facilitator to resolve problems and prevent them from escalating any further. Contact 1800 990 777 between 9am and 5pm, Monday to Friday (excluding public holidays) to discuss your situation with the CJC.
- Legal Answers
Has a tool kit that has helpful information in regards to neighbourhood issues including tree disputes. Phone 1300 888 529.
- Law Access
If the issue is still not able to be agreed on the Trees (Disputes between neighbours) Act 2006 allows an owner or an occupier to apply to the Land and Environment Court for an order to remedy, restrain or prevent damage to property or injury to a person as a consequence of a tree on adjoining land.
Before making an order, the Court has to satisfy itself that the applicant has made a reasonable attempt to reach an agreement with the owner and that the tree has caused, or is likely to cause, injury to person or property.
The Court also needs to consider the location of the tree, historic or cultural significance, its place in the environment, its intrinsic value and its relationship to soil suitability and the water table and whether a Council permit is required and whether or not it would be granted.
The Court has the power to authorise the applicant to take action, authorise the land to be entered, require compensation or costs to be paid or require the replacement of a tree.
Council only manages trees on public property, Council does not typically remove or prune trees on private property. Where trees require maintenance, it is the responsibility of private residents to undertake any works or engage the services of a suitably experienced, insured and qualified arborist e.g. minimum TAFE Certificate III in arboriculture.
Clearing associated with an activity that requires development consent e.g. clearing associated with construction of a dwelling house, including access roads, house pads etc. must consider the impacts to trees as part of the development application.
Therefore an Application for Removal/Pruning of Trees or Vegetation Clearing (73kB PDF) should not be lodged if the reasons for removal are primarily to facilitate an activity which requires development consent.
Development applications which propose impacts to trees and vegetation must address (for example):
- Council's Development Control Plan (DCP A16) Section A16 – Preservation of Trees or Vegetation
- DCP A19 Biodiversity and Habitat Management
- Australian Standard AS4970-2009 Protection of Trees on Development Sites. See www.treetec.net.au/tpz_srz_dbh_calculator-2 for more information