Council is responsible for protecting trees with a Tree Management Order (TMO)
All trees on public land are protected under the Tree Management Order regardless of size, species or origin.
No private persons are allowed to prune, remove, or otherwise harm Street or Park trees without written permission from Council.
The Tree Management Order, Chapter 2.3 of the Canterbury Bankstown Development Control Plan, is made under the NSW Environmental Planning and Assessment Act 1979. It prohibits a range of activities relating to the removal or destruction of all trees. You should always check before doing anything to a tree as there are fines for breaches of the Tree Management Order.
Exempt activities
You don't need to ask us for a permit to prune or remove private trees in certain circumstances, including:
- The pruning or removal dangerous private trees where it can be proved by the owner to Council's satisfaction that pruning of removal of the private tree is the is the only reasonable option to avoid an imminent threat to human life or property, as outlined in the current Development Control Plan.
- The control, removal or eradication of a declared noxious weed on private land under the Biosecurity Act 2015.
- The removal of tree species that are on the Exempt Species list contained within the Tree Management Order from private land.
All public trees are the responsiblity of Council. There are no exemptions for public trees under the Tree Management Order, except with written permission from Council.
When we receive a Tree Management Order (TMO) application, we follow a thorough assessment process. Before visiting the site, we check several key aspects:
- Applicant's Eligibility: We verify if the applicant is the property owner or if they have obtained permission from the property owner. All determinations will be provided to the property owner only.
- Tree Species: We assess if the tree species in question are exempt under the Tree Management Order
- Development Applications: We determine if the application is linked to a Development Application or Complying Development Certificate.
- Heritage Considerations: We check if the property or tree falls within a heritage item or Heritage Conservation Zone.
- Biodiversity Assessment: We evaluate if the application might trigger a Biodiversity Values Assessment.
If needed, we may schedule an appointment to visit the site. Please note that by submitting the application, you grant us permission to enter the property without prior notice for assessment.
During the site visit, our Council Officer will consider various factors:
- Tree Location: We examine the tree's placement on the property.
- Suitability: We assess if the tree is suitable for the site conditions.
- Life Expectancy: We estimate the useful life expectancy of the tree and look for any signs of Tree Vandalism.
- Landscape Values: We evaluate the tree's importance in the landscape.
- Cultural and Historical Significance: We consider any cultural, historical, social, or scientific values and any heritage impacts associated with the tree.
- Ecosystem and Biodiversity: We look at the local ecosystem and biodiversity values linked to the tree.
- Potential Risks: We determine if the tree poses or has the potential to cause significant damage to structures or injury to individuals in the foreseeable future, and if there are reasonable options to address the situation.
Please note that our officers can only assess the tree from the ground during their visit. If you require an aerial assessment to support your application, it's advisable to provide an Arborist report along with your submission.
Where you are also experiencing other issues with the tree, like structural damage or pipe blockages, you should also provide clear evidence that the tree is the cause of those issues. This can be either through exposure of the damage and the cause, or with reports from experts. Its best to provide as much evidence as possible as possible when submitting the application or your application may be refused.
All of these factors, along with the proposed works in your application, are taken into account when Council makes its decision to either approve or refuse your application.
It is not the role of Council’s Tree Management Officers to carry out a safety or risk assessment of trees on private property, or to provide advice on such matters.
When evaluating Tree Management Order Applications, Council carefully considers all information provided and conducts onsite assessments. However, it's important to note that Council does not accept the following reasons for tree removal or pruning:
- Normal Shedding: This includes the natural shedding of leaves, fruit, seeds, bark, twigs, and small branches.
- Wildlife Presence: Council does not approve requests based on the presence of spiders, insects, birds, or other fauna.
- Leaf Drop: Leaves dropping into gutters, pools, lawns, paving, or similar areas are considered a normal part of tree maintenance.
- Shading: Seasonal shading of lawns, gardens, or swimming pools is not typically grounds for removal or pruning.
- Fruit, Sap, or Bird Droppings: Complaints related to these issues do not generally warrant tree removal or pruning.
- Minor Structural Effects: Minor lifting of fences, pathways, garden edging, carport slabs, or other structures due to tree roots is typically not a sufficient reason for removal or pruning.
- Construction: Requests related to erecting fences, carports, BBQs, or similar structures are not typically approved as reasons for tree removal or pruning.
If you believe that Council's decision is in error, harsh, unreasonable, or if new information has become available, you have the option to submit a review to Council for reconsideration.
If your determination is less than 3 months old, you can email council or make a customer request requesting a review or complete the review form. You may be required to pay a fee for reviews.
If your determination is older than 3 months, you will need to make a new application.
With reviews, its generally advisable to provide more evidence to support your application. This can take for the form of Tree report, photos of damage that may have been caused, or in-terms of upper canopy, an aerial assessment.