Tree Preservation Order
Protecting trees on private property
This Tree Preservation Order is effective from Tuesday 6 September 2011.
Download the formal Tree Preservation Order - 27kb or see below for how the Tree Preservation Order applies to residents.
Council’s Tree Preservation Order aims to conserve and maintain the bushland character of Hornsby Shire.
Trees are an important part of the character of our area, attracting people and adding to property values. Vegetation also plays an essential role in maintaining the environmental health of our region by protecting soil and water supplies, storing carbon and providing habitat for wildlife. Indigenous trees (and also many introduced species) provide food, shelter and protection from predators for birds, animals and insects.
- Which trees are protected?
- What is an 'approved foundation'?
- Where are the Heritage Conservation Areas and heritage items located?
- Special protections for trees in Endangered and Critically Endangered Ecological Communities
- Who can apply to remove a tree?
- How do I apply for permission to remove or prune a protected tree?
- How much does it cost to apply to remove or prune a tree?
- How can you appeal against a Council decision on your application?
- When is Council likely to give consent to remove a tree?
- I’d like my neighbour to prune a tree on their property, what should I do?
- What are the penalties if I breach the Tree Preservation Order?
- How do I prune a tree?
- How can I find out more or ask a question?
Which trees are protected?
Indigenous trees are protected if:
- they are more than three metres (measured at the nearest point at the base of the tree) from an approved foundation or inground swimming pool.
- they are located in Heritage Conservation Areas or listed as heritage items
See a list of indigenous trees.
Non-indigenous trees are protected if:
- they are located in Heritage Conservation Areas or listed as heritage items
Any trees identified to be retained as a condition of development consent are protected.
The following trees on private property can be removed or pruned by more than 10 percent of the trees total foliage area per annum without consent from Council:
- Trees that are less than three metres tall
- Trees that are less than three metres (measured at the nearest point at the base of the tree) from an approved foundation or inground swimming pool.
- Trees that are not indigenous to Hornsby Shire provided they are not growing in Heritage Conservation Areas or listed as heritage items
All pruning must be carried out in accordance with Australian Standard AS4373-2007 Pruning of Amenity Trees.
What is an 'approved foundation'?
An 'approved foundation' is a concrete slab which supports any approved residential building, garage, commercial premises or community building with walls; or brick supports located on strip footings or pad footings/supports which support any of the above structures.
For the purposes of the order, the visible wall immediately above the buried foundation is taken to be the foundation. Please note, this definition does not include buildings on pole frames or pier and beam footings or carports.
Where are the Heritage Conservation Areas and heritage items located?
The Shire’s six Heritage Conservation Areas (HCAs) are:
- Beecroft/Cheltenham Heritage Conservation Area
- Barker College Heritage Conservation Area
- Hornsby West Side Heritage Conservation Area (Mt Errington Precinct, Peats Ferry Rd Precinct, Pretoria Pde Precinct)
- The Crescent, Pennant Hills Heritage Conservation Area
- Wahroonga Heritage Conservation Area
- Wahroonga (North) Heritage Conservation Area
Download a map showing conservation area boundaries - Hornsby Shire Council Heritage Conservation Areas - 1.1MB.
Special protections for trees in Endangered and Critically Endangered Ecological Communities
The NSW Office of the Environment and Heritage (OEH) has special rules for threatened species and trees (including dead trees) located in Endangered and Critically Endangered Ecological Communities. For further information, please contact the OEH on 9995 5555 or visit www.environment.nsw.gov.au.
Who can apply to remove a tree?
Generally the owner of the tree will apply to Council to prune or remove a tree. Council will require the owner’s endorsement of an application to remove a tree. Any permit issued will be sent to the owner of the tree. This is not necessary in the case of an application to prune a tree overhanging a property by less than 10 percent, if the work can be performed without entering the property of the tree owner. An application MUST be submitted for each property.
How do I apply for permission to remove or prune a protected tree?
Apply online
Online applications and payment by credit card is available through Council's Online Services. (Please note, residents must first register to access online services.)
Download an application form
- Application form for the removal or pruning of trees on private land - 270kb
- Pre-Development Assessment Application Form - 227kb (for land where development is proposed)
Following the receipt of your initial application, one of Council’s qualified arborists will inspect your tree/s and make a determination. The owner of the tree is entitled to appeal this decision.
Fees
There is a fee for the inspection of tree/s on private property.
Pre-Development Application fee - $110 per hour
| Number of trees | Standard fees | Pensioner discount* |
|---|---|---|
| 1 to 3 trees | $120 | $60 |
| 4 to 10 trees | $150 | $75 |
| 11 to 100 trees | $300 | $150 |
| More than 100 trees | $400 | $200 |
* Pensioner card number to be supplied. No pensioner discount available for second inspections.
Request for second inspection - $100.
Fees are GST free. Valid until 1 July 2012.
How can you appeal against a Council decision on your application?
Following the receipt of your initial application, a Council staff member who is a qualified arborist will inspect your tree and make a determination. If you wish to appeal against this determination you must do so in writing (if done within six months of the original determination, the second inspection fee is waived). Your second application should include any fresh or additional information not initially included e.g. Documentation of damage caused by a tree or a report from an arborist of repute. The matter will be considered by a different Council staff member.
When is Council likely to give consent to remove a tree?
Council may consider granting consent to remove a tree where:
- A tree is considered by Council to be dying, dangerous or diseased
- A tree is causing or likely to cause substantial property damage to houses, buildings, etc
- A tree is substantially misshapen or causing substantial over-shadowing
Council will generally not give consent to remove a tree where:
- A tree is shedding leaves, dead wood, fruit or bark as this is considered a natural process
- A tree is causing minor damage to property such as a driveway
- 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 minor shading
I'd like my neighbour to prune a tree on their property, what should I do?
Council has no power to compel a neighbour to prune or removea tree, including recently planted trees. If you have a concern about a neighbour’s tree, it is best to resolve the issue by having a friendly discussion with them. Most neighbours will be helpful and understanding.
You can prune an overhanging branch up to the branch junctionnearest to property boundary without Council consent (provided you don’t prune the total foliage area of the tree by more than 10 percent). It’s best to notify the neighbour before you prune the tree. Please ensure you prune the tree in accordance with AS4373-2007.
Council cannot arbitrate in disputes relating to neighbours and trees. Legal advice may need to be obtained in such disputes from a solicitor or the Community Justice Centre. The NSW Land and Environment Court has the power to settle tree disputes.
For more information about trees and neighbours, please visit www.lawlink.com.
What are the penalties if I breach the Tree Preservation Order?
It is the responsibility of the property owner to comply with this order.
If you remove, damage, top or lop a tree or its roots or change the soil levels around the base of a tree, you may be liable for a fine of up to $1.1 million if prosecuted in the Land and Environment Court or on the spot fines may be issued.
In addition, the court may direct you to plant new trees and vegetation and maintain them in a healthy state until mature, as well as providing a monetary security for the performance of this obligation. You may also be liable to a penalty for engaging a contractor to do the work on your behalf.
How do I prune a tree?
Crown thinning is the recommended method of pruning trees. This involves reshaping the tree, retaining the original height and width, pruning selected branches only, to ensure the tree is structurally sound and well-shaped. You should remember that indiscriminate lopping/pruning can be a danger to your safety and the health of a tree. For this reason, all pruning should conform to the Australian Standard (AS4373-2007) and be undertaken by a professional Arborist.