Trees on your property

Before you prune or remove a tree from your residential or business property you may be required to apply for permission, as outlined below.

Tree protection controls

Tree protection controls for most of the Council area generally apply to any tree or palm, whether it is a native or an exotic species that:

• Has a height equal to or exceeding 3 metres
• Forms part of an Aboriginal object, or that is within an Aboriginal place of heritage significance
• Forms part of a heritage item, or that is within a heritage conservation area
• Any tree or mangrove vegetation located on public land, irrespective of size
• Is listed on the NSW Heritage Register.

The controls regarding the pruning and removal of trees on private land are found within part 5.3.4 (Tree and Vegetation Preservation) of the Parramatta Development Control Plan (DCP) 2023.

Which application form to submit?

Since the introduction of the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, there are two types of application streams through which tree works (pruning or removal) are administered:

• Tree Permit Application (TA)
• Development Application for Tree works (DAT)

Applications must be made by all owners of the land on which the tree works are to be carried out or by any person with written consent of the owners.

You can check if your property is listed as a heritage item or within a Heritage Conservation Area on the NSW ePlanning spatial viewer alternatively for site-specific information such as statement of significance please visit the NSW Office of Environment and Heritage to search via the state heritage inventory.

If your tree is identified as part of an ecological community listed under the Biodiversity Conservation Act 2016 then an “Assessment of Significance” must be prepared by a qualified ecologist and submitted to Council with your application.

Offsets

When trees are removed, they should be replaced on the site with another tree however sometimes circumstances don’t allow this to happen. In these cases, a financial contribution will be required to be paid to support public tree planting.

If the tree/trees are protected under the relevant tree protection controls or if your property or tree is not listed as the following:

• A Heritage Listed item
• Within a Heritage Conservation Area
• An Aboriginal object
• Within an Aboriginal place of heritage significance

You will need to submit a Tree permit application form

Applicable fees for Tree Permit Applications are:

• 1 Tree - $136.50
• Each additional tree - $115.50
  (A discount of 25% of the total application fee is available for holders of a Pensioner Concession Card, Commonwealth Seniors Health Card issued by Centrelink or a Pensioner Concession Card issued by the Department of Veterans' Affairs).

Lodgement is available on the Council’s Online Portal or in person at Council’s Customer contact Centre.

Approved works must be completed within two years from the date of consent.

The applicable fees are:

• 1 Tree - $136.50
• Each additional tree - $115.50
  (A discount of 25% of the total application fee is available for holders of a Pensioner Concession Card, Commonwealth Seniors Health Card issued by Centrelink or a Pensioner Concession Card issued by the Department of Veterans' Affairs).

If you want to remove a tree and your property or tree is listed as:

• A Heritage Listed item
• Within a Heritage Conservation Area
• An Aboriginal object
• Within an Aboriginal place of heritage significance

You can check if your property is listed as a heritage item or within a Heritage Conservation Area on the NSW ePlanning spatial viewer alternatively for site-specific information such as statement of significance please visit the NSW Office of Environment and Heritage to search via the state heritage inventory.

If you are just wanting to commence minor tree works* such as pruning only, you are still able to apply for a tree permit application.  

*Minor tree works are generally considered as pruning for general crown maintenance or modification with consideration to the guidelines set out in Australian Standard 4373 Pruning of amenity trees.

Where Council is satisfied that the minor tree works will not adversely affect a Heritage Item or the Heritage significance of the Heritage conservation area, an Aboriginal object or an Aboriginal place of heritage significance a permit may be issued.

You will need to submit a Development application for tree works (DAT) through the NSW Planning Portal, you will need to first register an account with the portal. After registering, you will be able to lodge the application and then follow the prompts to upload the required information and documentation.

All DATs lodged with the City of Parramatta will be initially processed as a “Development lodgement application”.

For online lodgements, all initial correspondence will be through the NSW Planning Portal, including notification of acceptance or return of an application, and a notification of what fees are to be paid and how that payment can be made.

The development type to be selected for the application must be ‘Other’. The description for the development application should be ‘Removal of a tree located within a Heritage Item or Heritage Conservation Area’.

The development lodgement process is as follows:

1. Customer fills in the Development application for tree works (DAT) together with any supporting documentation

2. Customer lodges the application:

• Online via the NSW Planning Portal
• There is no fee payable at this stage. Do not send in cheques with applications.
• An acknowledgement letter will be issued.
• Hard copies of plans or any other documents are not required to be submitted.
  • Online – all documents and plans are to be uploaded to the portal.

3. Council will review the documentation within 72 business hours of receipt of the application (working days). The customer will be contacted for the following:

• Acceptance of the application and request for an assessment fee.
• Return of the application with a request for additional information to be provided.

4. If the application is accepted, a fee payment request will be forwarded through the portal along with any additional information requirements.

5.When the required fee is paid, the application will then be lodged as a Development Application Tree Works and assessment of the application will commence.

Additional information such as an arboricultural report, heritage impact statement, structural engineer’s report, plumber’s report or a Landscape Plan may be required to support your Development Application for Tree works (removal).

Written consent is required by all owners of the land upon which the works are proposed to be undertaken.

Development Applications are required to be notified in accordance with the Development Control Plan that applies to the site.

Please note that you & cannot apply for a Development Application for Tree works if the property or tree is not a heritage-listed item, not within a Heritage Conservation Area, is not an Aboriginal object or is not within an Aboriginal place of heritage significance. All other requests for tree removal or pruning must be done via a Tree Permit Application.

All approved tree works must be completed within two years from the date of any consent.

Tree foliage blocking sunlight, roots blocking drains, overhanging branches or damaging roots from a neighbour's tree can be a source of conflict between neighbours. Often property owners approach Council with their concerns hoping that Council will resolve the matter.

Unfortunately, we are unable to negotiate or intervene in tree disputes as this is considered a civil matter. Once an agreement between neighbours is established, the Tree Permit Application/ Development Application for Tree works steps outlined on this page are to be followed.

If an amicable resolution cannot be reached between neighbours, the next course of action would be to involve an independent mediator such as the Community Justice Centre.

If this is unsuccessful the final option is to lodge an application with the Land and Environment Court under the Trees (Disputes between Neighbours) Act 2006.

Certain trees do not require a permit or development application approval for removal or pruning. It is recommended you confirm your tree is exempt by reviewing the exemption provisions contained in the relevant Development Control Plan for your area:

5.3.4 (Tree and Vegetation Preservation) of the Parramatta Development Control Plan (DCP) 2023

Exemptions do not apply where any tree:

• Is located on a site classified as being part of a vulnerable, threatened or endangered ecological community or provides or has the potential to provide habitat for native fauna or fauna classified as vulnerable or threatened under the Biodiversity Conservation Act 2016 (NSW) or the Environmental Protection and Biodiversity Conservation Act 1999 (Commonwealth)
• Forms part of a heritage item or place
• Is within a heritage conservation area
• Forms part of an Aboriginal object
• Is within an Aboriginal place of heritage significance
• Is on public land.

If you are dissatisfied with a decision Section 12 of the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 [NSW] gives you the right to appeal to the Land and Environment Court within 3 months after the date on which you receive the Determination.

For detailed information on selecting a tree work contractor, please visit Safework NSW