Tree Shrub and Vegetation Removal
Read the Newcastle Urban Forest Technical Manual (the Manual) before engaging consultants or lodging application forms.
Tree and shrub removal on your property
The Manual is separated into three parts based on the land on which the tree, shrub or other vegetation is located, and the type of vegetation present. The two parts relevant to tree or vegetation removal on private land are:
- Part A - Private Trees: provides guidance on the management of trees and shrubs located on private land.
- Part C - Native Vegetation Communities: provides guidance on the management of native vegetation communities on private land.
Part A - Private Trees
Private Tree Removal - Exempt Criteria (no application required)
In accordance with Part A of the Manual there are some instances where approval is not required for the removal of trees or shrubs on your property. To remove a tree or shrub without approval on your property, the tree or shrub must meet one of the following criteria:
- The tree or shrub poses an immediate risk to life or property due to a demonstrated sudden change to its structure as a result of a severe storm or wind event. Documentation for removal must be in accordance with Part A Section 3.3 (1) of the Manual. The tree is dying or dead, and the requirements of Section 3.3 (2) of Part A of the Manual have been met. The tree is less than 3m in height or with a circumference at breast height (1.4m above ground level) less than 450mm for a single trunk tree, or less than 300mm for each trunk of a multi-trunk tree. See Section 3.3 (3) of Part A of the Manual.
- The shrub is less than 5m in height and is not part of a native vegetation community.
- The tree or shrub is located within 3m of the wall of an existing principal building (excluding carports, garages, pergolas, fences, retaining walls and the like) on the land where it is situated or on adjacent privately owned. See Part A Section 3.3 (5) of the Manual.
- The tree or shrub is part of native vegetation previously planted for agriculture, agroforestry, forestry, horticulture or woodlot purposes.
Private Tree Removal - Application Required
Owners of trees or shrubs that do not meet any of the above criteria will need to submit an application form and Arborist Report as outlined below:
For removal of three or less trees (or shrubs) with replacement planting complete and lodge a Private Tree Removal Application Form.
You must also provide a current Level 5 Arborist Report. Removal of trees/shrubs for future development is not permitted. Tree/shrub removal associated with a development will be assessed as part of the Development Application process.
Part C - Native Vegetation Communities
Part C of the Manual is to be consulted where the removal of more than three tree/shrubs is within a native vegetation community, wetlands, riparian zones or endangered ecological communities on private land. In these instances a Native Vegetation Removal Form must be completed and submitted to City of Newcastle.
How do I get approval to remove a tree on my property?
For a Part A tree, Permit Application for Tree Removal form must be completed and returned to City of Newcastle for processing. Once a determination has been made, you will receive a letter of the outcome.
How much does it cost?
Fees are charged as per City of Newcastle's (CN) Fees and Charges document.
Hiring a suitably qualified person
It is important that any person you contract to remove trees, or to diagnose and report on tree risk and condition, is suitably qualified, experienced, and adequately insured. The Newcastle Urban Forest Technical Manual Part A Section 6.0 provides the qualifications for an arborist to complete the documentation under each process.
For Development Applications, a full arborist report is required and must address the following matters:
- The arborists details
- Site address
- The full name of the person or company for whom the report is prepared
- The methods and techniques used in the site and tree inspection
- A suitably scaled plan of the site A table showing for each tree surveyed: A summary and/ or discussion of other relevant tree and site information Tree hazard assessments should be conducted and recorded in accordance with industry best practice
- Supporting evidence if relevant to the proposed works or to assist in describing tree or site conditions
- A summary of all options available
- A review of the implications of the proposed development on the health and structural condition of trees to be retained
- A description of the recommended protection measures to be put in place to ensure the protection of trees to be retained, and a description of any proposed method of tree removal
- A list of recommendations and the reasons for their adoption
- The sources of technical information referred to in the report
- Present information as objectively as possible without attempting to support a specific development outcome
- Provide the scientific and common names of all tree species proposed for planting, including recommendations on the size and quality characteristics of trees to be planted.
Read Section 4.0 of the Manual for more information on arborists’ reports.
What happens next?
A City of Newcastle officer will review your application and the arborist's information, and may check the tree/shrub before making a decision. If the application is accepted, a permit will be issued containing conditions. You will be notified if your application is unsuccessful.
Can I clear my block of land before I put my development plans to City of Newcastle?
No. You would be in breach of the NSW Environmental Planning and Assessment Act 1979. You are required to submit information about the impact of your development on the existing trees with your main development proposal.
City of Newcastle does not process Part A permit applications for tree removal in relation to development. See Section 4.0 of the Manual for Arborist report requirements to support development applications.
Can I place mulch or green waste on Council land?
No. All cuttings and/or mulch should be disposed of appropriately. Tipping of these materials on Council land is considered illegal dumping, which can incur penalties or prosecution.
How do I remove trees on neighbouring private land?
To apply for tree removal on a neighbour’s property, you will need:
- the owner’s consent
- to submit a Permit Application for Tree Removal to The city of Newcastle for processing. It is essential that the owner of the land on which the tree is situated signs the Permit Application for Tree Removal.
For information on tree disputes, see above under private trees.
What is a Native Vegetation Complex/Community
A native vegetation complex is generally a natural setting of layered vegetation and may or may not include trees or shrubs. Some common examples are coastal heath land, bushland, riparian zones and wetlands. Part C of the Newcastle Urban Forest Technical Manual is to be consulted when dealing with these types of vegetation.
The typical suburban yard with trees, shrubs and planted gardens is not a Native Vegetation Complex.
