The Tree Protection Local Law aims to protect our community forest by maintaining tree canopy on private land.

The Tree Protection Local Law applies to any tree with a circumference at the base of over 110cm (except where the tree is also protected by a Town Planning control). If you want to remove, prune or excavate within the root zone of a tree over this size, you may need to apply for a permit. All types of trees, both native and exotic but excluding weeds, are covered by the Local Law. Excluded weeds are listed in the Schedule 3 of the local law.

The Tree Protection Local Law came into effect on June 13, 2008.

Download  Application Form Tree Protection Local Law

Download  Tree Protection Local Law Application Pack Guidelines and Permit Application

Statement of Intent

In applying the Tree Protection Local Law, Council intends to -

1. Preserve existing tree canopy cover on private property where practical;
2. Allow reasonable use of private land; 
3. Increase the total tree canopy cover of the City;
4. Achieve a net gain of indigenous trees within the City;
5. Require adequate protection of trees, including their roots; 
6. Not allow removal or pruning of trees where reasonable use of land is not obstructed by the trees; 
7. Require proper investigations by the applicant of alternatives to tree removal or pruning that will provide the desired outcome; 
8. Not necessarily allow tree removal or pruning because alternatives are more costly; 
9. Have trees that are removed replaced on the same properties as the trees removed with trees that will provide the same amount and height of tree canopy (at maturity);
10. Investigate and prosecute breaches of the Local Law, including poisoning, lopping, illegal root damage, pruning or removal.

Each application will be judged on its merits. As a guide, some brief scenarios are provided below. These scenarios are guides only and do not bind Council to a particular decision.

Scenario 1 

A tree on my property is dropping leaves, twigs or fruit onto my roof, driveway or in my gutters.

Minor pruning, as detailed in the Local Law, is allowed without a permit, and may assist in reducing debris; however, falling leaves are a natural part of our environment and should be removed from or prevented from entering gutters as part of routine building maintenance. Therefore, major pruning or removal for this reason will not be permitted.

Scenario 2 

A tree on my property is dangerous!

Property damage, and particularly personal injury, caused by falling trees or limbs is uncommon. The risk from a tree must be unreasonable in the view of Council before pruning or removal is permitted.

Scenario 3 

My neighbours are complaining about my tree overhanging their property.

The considerations outlined in Scenarios 1 and 2 will be applied to both you and your neighbour in this situation, as well as any other relevant factors.

Scenario 4 

I want to build a new garage. There is no realistic opportunity of it being located anywhere but where there is a tree. Can I remove the tree?

If you have investigated alternative sites and there are no alternatives, a permit will usually be granted if evidence of your intent to proceed with construction is produced (e.g. signed construction contract).

Scenario 5

I want to install a swimming pool and the excavation will be within the Tree Protection Zone.

If you have investigated alternative sites and reasonable measures to protect the tree and there are no alternatives, a permit will usually be granted for tree pruning or removal if evidence of your intent to proceed with construction is produced (e.g. signed construction contract).

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