Trees are a priceless asset. Council has developed a set of rules to protect our trees to preserve the integrity and character of the area, and to provide valuable environmental benefits for us all.
If you have any doubts about pruning or removing a tree, contact us.
Trees on your own property
Trees on your neighbour's property
Street trees
Trees in sewer lines
Hiring a contractor
Trees on your own property
When approval is required to remove or prune a tree
You must obtain consent from Council to remove/prune ANY palm tree, cycad or tree fern of ANY size on your own property, ANY tree in recognised bushland, or ANY tree on public land.
You also require Council consent to prune/remove ANY tree if you are within a Heritage Conservation Area or if the tree is listed as a Heritage Item.
Rather than removing a tree, you may consider having the tree's canopy thinned out to obtain filtered light. A qualified arborist will usually be able to open up the canopy of a tree in a way that will allow considerably more light to penetrate.
With larger trees this process will probably have to be repeated every few years. However, thinning out the canopy is an effective way of both preserving a tree and retaining your access to sunlight.
How to obtain consent
Download and fill out an Application for Permit to Prune/Remove Tree/s Form (pdf 114.50 kb). The cost for an inspection and determination is currently $68.20 during weekdays and $136.40 on weekends and Public Holidays. This all-inclusive cost covers the inspection of any number of trees growing within a particular property.
If your property is located within a Heritage Conservation Area you will need to submit a DA for Tree Works application form (pdf 82.73 kb) for any proposed pruning/removal works, including a cheque for $102.30.
Both applications can be lodged at Council's Customer Service Centre or by mail, supplying all details of work to be carried out. Cheques should be made payable to Randwick City Council.
It can take up to two weeks to assess your application. We will post our response to you.
When approval is not required to remove or prune a tree
You do not require a Council permit to remove/prune a tree if it is:
- less than six (6) metres in height and/or less than four (4) metres across the canopy
or
- less than one (1) metre in trunk circumference at one (1) metre above ground level.
You do not require permission to remove ANY tree growing within two (2) metres of a residential building, no matter what the size. You can also remove a tree where it can be demonstrated to the satisfaction of the Council that the tree is dying, dead or has become dangerous.
Digital photographs should be taken and provided to Council to verify that tree/s are:
- dying
- dead or dangerous, or
- that they are within two (2) metres of a residential building
PRIOR to the removal/pruning of any such tree/s.
You also do not require Council permission to remove/prune ANY species of plant declared under the Noxious Weeds Act 1993 to be a noxious weed in respect of land within the City of Randwick.
You can also prune or remove any tree:
- If the trimming or removal of a tree/s takes place under section 48 of the Electricity Supply Act 1995.
- If the pruning of any tree/s is in accordance with the Australian Standard to provide 0.5 metre clearance of insulated domestic electricity supply cables.
- For the removal, transplanting or pruning of any tree listed in the table below, so long as the work is done in accordance with the Australian Standard.
| Botanical name | Common name |
|---|---|
| Ligustrum species | Privet |
| Ailanthus altissima | Tree of Heaven |
| Ficus elastica | Rubber tree |
| Schefflera actinophylla | Umbrella tree |
| Ochna serrulata | Ochna |
| Nerium oleander | Oleander |
| Cotoneaster species | Cotoneaster |
| Erythrina species | Coral tree |
| Syagrus romanzoffianum | Cocos palm |
| Olea europea var. africana | African Olive |
A comprehensive description of these exempt species and their characteristics are available in the Tree Preservation Order Schedule 1 Species (pdf 7 Mb).
Replacing a tree
For the best advice on what is appropriate for planting within the Randwick City area please contact Council's Community Nursery.
Council also has a Street Tree Identification Manual which details all species of trees and shrubs nominated in its Street Tree Masterplan for planting throughout the Randwick City area.
Trees on your neighbour's property
Overhanging branches
The same conditions about pruning and removing trees apply to trees on your neighbour's property as for trees on your property.
If a tree has a branch that overhangs your common boundary, you have a Common Law right to cut the branch back to the property boundary without council approval only if the tree meets the conditions above (When approval is not required to remove or prune a tree).
If approval is required to prune or remove the tree, you need to complete an Application for Permit to Prune/Remove Tree/s Form (pdf 114.50 kb). Your neighbour will have to give their consent, and no pruning can take place before the tree has been inspected by a Council tree officer.
Council may give permission to prune any overhanging branches up to the common boundary, even where the tree's owner is not willing to sign the application form.
Overshadowing trees
If a neighbour's tree is overshadowing your house, you could ask them to have the tree thinned so that some filtered light can enter your property.
There are no rules or regulations that can force a property owner not to plant trees that will grow to a large size, unless they are a tree of a species of plant declared under the Noxious Weeds Act 1993.
Should you foresee that either the species or number of trees planted by a neighbour will pose a problem for you at some time in the future, you are advised to discuss this with your neighbour.
Dead or dying trees
If your neighbour has a dead or dying tree on their property, you are advised to firstly discuss your concerns with the owner of the property. Especially if the property is tenanted, an owner may simply not be aware of the issue.
If a tree is dead, diseased or dying it is exempt from Council's Tree Preservation Order 2005 and may be removed at the owner's discretion. You may wish to make your neighbour aware of this also.
However, if your neighbour refuses to take action to remove/prune the tree to make it safe and the tree poses an imminent danger to persons and/or property, Council can serve notice on the property owner to remove the tree.
Contact us so that the matter may be referred to a Council tree officer for investigation.
Paying for tree pruning or removal
If your neighbour agrees to having a tree pruned or removed, but does not want to pay for it, you and your neighbour must reach an agreement. Any disagreement as to the extent of any pruning works and/or who will pay for those works is a private matter which has to be resolved between the owner of the tree and any affected neighbour/s.
Resolving problems
Where agreement is not able to be reached in matters such as this, affected parties are urged to contact the Community Justice Centre so that mediation may be arranged. The Community Justice Centre may be contacted on 1800 990 777 or you can log onto their website at www.cjc.nsw.gov.au.
Should any problems associated with neighbouring trees be unable to be resolved through mediation, then as a last resort you may wish to consider legal action under the provisions of the Trees (Disputes Between Neighbours) Act 2006.
This involves applying to the Land and Environment Court of New South Wales to have it adjudicate in the matter and, if appropriate, serve the owner of the tree/s with an Order to abate any nuisance/damage. This should only ever be seen as a last resort and the Court will only deliberate if it can be shown that all other options have been exhausted.
Anyone considering action under this legislation should visit the Land and Environment Court website at www.lawlink.nsw.gov.au/lec and then click onto Quick Links - Tree Disputes.
Street trees
If a Council owned street or park tree is blocking your view, contact us to arrange an appointment with a Council Tree Preservation and Maintenance Co-ordinator.
If the tree can be pruned without compromising its health or structural integrity, written consent may be granted for you to engage a qualified arborist to prune it. Residents are responsible for the cost of this type of work.
A council officer must be present when the pruning takes place.
Trees in sewer lines
Tree roots generally don't invade sewerage pipes unless those pipes are leaking and water is seeping into the surrounding soil. Tree roots are opportunistic by nature and will always seek out water and nutrients.
Most old sewer pipes (usually terracotta) are at least fifty years or more in age and will inevitably start leaking at some time. This is usually the time when tree roots will penetrate into a sewerage network.
This problem can easily be resolved by the replacement of old terra cotta pipes with modern PVC plastic pipes. Sewerage pipe maintenance should be a part of overall property maintenance and should take place when pipes show the first signs of leakage or tree root intrusion.
People often mistakenly believe that simply removing a tree growing near a sewer blockage will fix the problem, but this is usually not the case.
The overriding consideration should always be to treat the cause (pipes), not the symptom (tree roots)!
Hiring a contractor
What insurances should the contractor have?
The contractor should hold a current workers' compensation insurance policy for their employees. The contractor should also hold a current public liability insurance policy. These insurance policies provide protection for you in the case of damage being caused to your property, a neighbour's property or people being injured while the work is being carried out.
The Certificate of Currency for Workers' Compensation Insurance should be sighted and included with the job quote. In the employer's information section, check the legal name, trading name, ABN, against the company details on the quote. The WIC code must be 95250. The Certificate of Currency must be no more than twelve months old.
What qualifications should the contractor have?
Work undertaken by inappropriately qualified contractors could result in major damage to your or a neighbour's property or in injury to people and may leave you liable for any costs associated with this. WorkCover NSW recommends that for tree work carried out on the ground a minimum of one person holds the qualification of Certificate II in Horticulture (Arboriculture). All tree climbing work should be carried out by a person who holds a minimum Certificate II in Horticulture (Arboriculture) or be undertaking a course to obtain this qualification. All tree climbing work should be directly supervised by a person with a minimum qualification of Certificate III in Horticulture (Arboriculture). These qualifications are consistent with the requirements of the Australian Standard AS 4373 - 2007 - Pruning Amenity Trees.
Two industry associations - the Tree Contractors' Association of Australia (www.tcaa.com.au) and the National Arborists' Association of Australia (www.naaa.net.au) - may be able to assist you in making an informed choice.
How do I know if the contractor is going to do the job safely?
You should obtain a written quote from the contractor that contains their contact details and ABN. All tree work should be carried out in accordance with the requirements of the WorkCover Code of Practice: Amenity Tree Industry 1998. The contractor should be able to explain to you what measures they will be taking to ensure the safety of people affected by the work, such as neighbours and people walking or driving past where the work is being carried out.
If the work is being carried out near power lines the contractor must maintain a safe distance from the power lines or be an accredited person to work within what are known as approach distances. If work is being carried out on a tree that is within 3 metres of any power line - including a service line - then the person carrying out the work must be an accredited person who has completed a recognised course of training and the contractor should be able to explain this to you and provide evidence of any accreditation they have.
How can I help make sure the job is done safely?
At all times you should ensure that you or other people remain outside the danger areas identified by the contractor. Failure to follow the contractor's instructions could result in injury to yourself or tree workers. Reputable contractors will check for hazards prior to commencing work. If, however, you are aware of any dangers on your property that could cause harm, you should advise the contractor. This could be that there is an underground tank, underground services such as gas, electricity or plumbing near the trees.
How do I get further information on tree work safety?
A copy of the WorkCover Code of Practice: Amenity Tree Industry 1998 can be obtained from WorkCover NSW by calling 13 10 50, or downloaded directly from www.workcover.nsw.gov.au
Further information can be obtained by contacting the following organisations:
- The Tree Contractors' Association of Australia - 1300 660 379 - www.tcaa.com.au
- The National Arborists' Association of Australia - 02 4739 4339 - www.naaa.net.au
- The Local Government Tree Resources Association - www.lgtra.com