In most cases, yes, but there's no single rule that applies across every Sydney property. Council approval for tree removal in Sydney generally depends on your local council's tree preservation controls, the size and species of the tree, and whether the property sits within a heritage area or environmentally sensitive zone. Tree removal in non-rural parts of NSW is governed at a state level by the Vegetation SEPP, which lets councils declare which vegetation on their patch requires a permit, based on species, size, location, or ecological value. Councils then set their own thresholds in a Development Control Plan or Tree Preservation Order. That's why a tree you could remove freely in one LGA might need a full application two suburbs over. Before arranging removal, the safest move is to check your specific council's current rules, not what applied last year or what worked for a neighbor.
When Is Council Approval Usually Required?
Depending on your council and property, approval is typically needed for:
- Protected or significant trees, often those above a set trunk diameter or height (commonly around 200 mm diameter or 3–5 m tall, though this varies by council)
- Trees on a council's significant tree register
- Trees in heritage conservation areas or on heritage-listed land
- Trees in environmentally sensitive zones, such as land zoned for conservation
- Trees affected by a development application, where removal is tied to building or renovation work
None of these categories mean automatic approval or automatic refusal; the outcome depends on the individual tree and site.
Can You Remove a Tree Without Council Approval?
Some councils allow removal without a permit in specific circumstances, but these exemptions are council-specific and shouldn't be assumed to apply everywhere. Common (but not universal) exemptions include:
- Dead, dying, or genuinely dangerous trees; however, several councils, including Hawkesbury, still require written confirmation from the council that a tree is dead, dying, or dangerous before any clearing is carried out.
- Trees close to an existing dwelling: Penrith exempts trees within 2 m of an approved building wall, while Sutherland Shire's DCP allows removal of a tree within 3 m of an existing dwelling or pool, subject to an application still being lodged.
- Declared weeds or exempt species listed in the council's own DCP
- Bushfire risk situations under the NSW Rural Fire Service's 10/50 Vegetation Clearing Scheme, which only applies inside a mapped 10/50 entitlement area, check your address at rfs.nsw.gov.au/1050 before assuming it applies
An exemption that applies at one council does not automatically carry over to a neighboring LGA. Always confirm with your council first.
What Happens If You Remove a Protected Tree Without Approval?
In NSW, the removal of a protected tree without consent is considered a serious planning violation. Under the Environmental Planning and Assessment Act 1979, penalties can be up to $1.1 million for a corporation and $220,000 for an individual, but fines actually imposed are generally much lower than the maximum. In late 2025 a Sydney developer was fined $36,000 for removing native trees, including a weeping lily pilly and a magnolia, from a construction site in Padstow Heights without permission from the council. Councils can also require replacement planting, ongoing monitoring of the new trees, and remedial works. If council suspects illegal removal, expect an investigation, a site inspection, and possible referral to the Land and Environment Court for serious cases.
Sydney Council Rules Can Be Different
Sydney’s rules can vary widely. Here's what to check for a handful of western and outer-Sydney councils:
| Council | What to Check |
|---|---|
| Penrith | Tree/vegetation permit exemptions and DCP Part C2 Vegetation Management thresholds |
| Campbelltown | Tree permit rules under the Sustainable City DCP and the Significant Tree Register |
| Sutherland Shire | Tree Preservation Order thresholds and rules for trees close to dwellings |
| Hornsby | Tree and Vegetation Preservation controls under the Hornsby DCP |
| Hawkesbury | Tree/Vegetation Removal Permit requirements and the exempt species list |
If your property isn't in one of these areas, search "[your council] tree removal" to find the equivalent page.
Do You Need an Arborist Report?
An arborist report is a written assessment from a qualified tree professional covering a tree's health, structure, and any safety or disease risk. Councils sometimes request one to support an application, particularly for claims that a tree is dead, dying, or dangerous, or where a significant or heritage tree is involved. A report can strengthen an application, but it's supporting evidence, not a substitute for council consent. Having a report prepared does not mean removal is automatically approved; council still makes the final call.
How to Check Before Removing a Tree
- Identify your local council (LGA), not just your suburb.
- Look up the current tree removal or tree preservation page for that council.
- Check whether heritage or environmental controls protect your tree or affect it.
- See whether an exemption applies to your situation, and confirm it in writing with council if you're unsure.
- Arrange an arborist assessment if the tree is dead, dying, dangerous, or borderline before booking tree removal.
Frequently Asked Questions
Do I need council permission to cut down a tree in NSW?
In most cases, yes, if the tree meets your council's protected-tree criteria under its Tree Preservation Order or DCP. Rules vary significantly between councils, so always check your specific LGA's current thresholds before removal.
Can I remove a tree from my property without approval?
Sometimes, but only if it falls under a specific exemption, such as a declared weed, an exempt species, or proximity to a dwelling under some councils' rules. Owning the tree doesn't remove the need for approval.
How do I know if a tree is protected?
Check your council's Tree Preservation Order, DCP, or significant tree register, which typically sets protection based on trunk diameter, height, canopy spread, or heritage status. When in doubt, contact council directly.
Do I need an arborist report for tree removal?
Not always, but many councils request one for dead, dying, or dangerous tree claims, or for significant and heritage trees. It supports your application; it doesn't replace council approval.
What happens if I remove a tree without council approval?
You could face penalties, a council investigation, and orders to replant. Maximum penalties under NSW planning law run into six or seven figures, though actual fines are usually much lower and depend on the case.
Not Sure About a Tree on Your Property?
Rules differ from one Sydney council to the next, and getting it wrong can be costly. If you're unsure whether a tree on your property needs approval before removal, My Green Zone can help you get a professional assessment before you proceed, so you know where you stand before any work begins.
