Tree Management and Information

The Warringah community is fortunate to live amidst a unique landscape characterised by its bush and beach environment. The presence of trees in the urban and bushland environment contributes greatly to the area. Trees provide many benefits including increased real estate values, important habitat for native wildlife and pleasant areas for recreation.

A very important function in the protection and enhancement of this environment is to ensure that trees in the local government area are managed appropriately through use of relevant legislation and procedure. To assist with the management of trees in Warringah, Council developed a Tree Preservation Order. This has been made possible through the Environmental Planning & Assessment Act (1979).

Click on the links below for more information about trees in Warringah.

• Trees on private land: Council's Tree Preservation Order, making an application for pruning or cutting down, replacement planting
• Trees and Development Applications: Note the impact of your development on trees
• Tree works on Council managed land: Pruning and removal requests, what work Council will do, street tree planting requests, insurance issues
• Replacement Planting: If consent is given to the removal of trees, Council where appropriate may condition replacement planting.

• Tree Preservation Order: At its meeting on 13 December 2005, Council adopted a Tree Preservation Order relating to the management and protection of trees in the Warringah area.

Trees on Private Land

Anyone wanting to carry out work in relation to trees must consider the Tree Preservation Order and consult Council for information before proceeding. This includes proposed works on trees covered by Council's Tree Preservation Order that are overhanging from a neighbouring property.

Some trees are exempt under the Preservation Order. Residents may prune dead wood and up to 10% of the foliage of any tree each calendar year without consultation. This exemption does not include reducing the height of a tree through the unacceptable practice of lopping (topping). However, for removal and other work, an application should be completed.

What tree work will Council approve?

Council will only approve work to trees following appropriate assessment of the tree. Only then will appropriate work be determined in accordance with Australian Standards 4373.

Consent may be granted to the following:

1. Removal of unsuitable or hazardous trees.
   
2. Crown thinning for views and solar access, selective pruning, and weight reduction of limbs.
   
3. Maintenance pruning to remove dead, diseased, dying, defective branches.
   
4. Selective pruning to remove branches causing conflict, ie building encroachment.
   
5. Root pruning of trees to ameliorate damage to built & natural structures.
   
6. Pruning for service lines, low and high voltage power lines.
   
7. Crown lifting for pedestrian or vehicular access.
   
8. Pruning for vehicle sight lines, signage, and RTA requirements.
   
9. Removal of trees in conflict built structures where all engineering alternatives have been considered.
   
10. Minimum work to make trees safe.

What tree work will Council refuse to undertake?

Council will not approve the following work:

1. Trees without owner's signature/owners agent on application.
   
2. Removal of trees for views.
   
3. Removal of trees for solar access, leaf, fruit or sap drop, bird or bat droppings, damage to sewer pipes/built structures unless all engineering alternatives have been considered.
   
4. Removal of healthy and stable trees.
   
5. Pruning of trees contrary to Australian Standards 4373.
   
6. Any pruning work outside what a particular species will tolerate, eg figs if pruned by more than 10% can be predisposed to sunburn.
   
7. Tree work for emotive reasons.
   
8. Removal of trees inhibiting grass or garden growth.
   
9. Removal of trees for allergies unless tree can be medically linked to allergy by a specialist.
   
10. Alteration of soil levels greater than 50mm within the drip line of a tree.
    
11. Removal of trees found to be causing damage to minor ancillary structures such as footpaths and driveways.
    
12. Requests for topping/height reduction of trees.

Making an application

An application for tree works must be lodged by the owner of the tree by completing Council's Tree Application Form. These can be obtained from Council's Customer Service centre or downloaded by clicking on the link below:

• Development Application - Tree Pruning and Tree Removal (PDF 237KB)

It is important that any supporting information be included as part of the application.

If an individual wishes to remove or prune a tree that requires application and the tree is located on a neighbouring property, an application should be lodged on the individuals behalf by the owner. In the case of unit blocks, body corporate endorsement must be obtained before lodging an application for tree works. In the case of joint ownership (trees growing on a shared boundary) all stakeholders must sign the application.

A non-refundable application fee must be submitted with the application form before the application is processed. The following Council adopted fees and charges apply for tree applications: $110.

Once completed and the appropriate fee paid, a Tree Preservation Officer will visit the site and assess the tree based on the criteria outlined in Council's Tree Preservation Order policy.

Replacement planting

If consent is given to the removal of trees, Council where appropriate may condition replacement planting. A replacement-planting list has been developed by Council to assist with selection of replacement planting.

• Small Tree Replacement Guide
• Medium Tree Replacement Guide
• Large Tree Replaacement Guide

Planting Advice

Most tree problems that Council is called on to investigate or assess are as a result of incorrect species selection and poor planting location. These problems could be avoided by carefully considering the following:

• The mature height and spread that the tree can be expected to achieve.
  
• Availability of space above and below ground, in the position where you intend planting the tree. This should be compared with the spatial requirements of the tree. As a general rule allow at least twice the height of the tree for root growth.
  
• When planting consider overhead powerlines, underground pipes, buildings, drains walls and solar access. It is not advisable to plant large trees within 3 metres of a structure.
  
• Consider the potential impacts of planting on neighbours.

What should you do if a neighbour refuses to lodge an application for tree works on your behalf?

In some cases an owner may refuse to lodge an application for tree works on a neighbours behalf. Council has no authority over neighbourhood disputes and this is deemed to be a matter between residents. If you can not resolve a dispute amicably Council suggests that you contact the Community Justice Centre (CJC) for advice. The CJC provides an alternative to the court system by offering a free mediation service. The CJC can be contacted on 9790 0656. Failing this it is suggested that you obtain legal advice.

What are my rights of appeal if my application is refused?

Where an applicant is dissatisfied with a determination, a request for a review of the initial decision can be initiated (the request must be lodged within 12 months of the notification of the determination).

A Tree Officer unrelated to the initial determination will undertake the review. If in assessing the application the inspecting Officer disagrees with the initial decision a permit will be issued for the requested work. If the inspecting Officer agrees with the initial Officer's determination the applicant is notified outlining the determination and the reasons behind the refusal.

If an applicant is dissatisfied with the results of a review the only further review available to the applicant is an appeal in the Land and Environment Court.

Penalties for breaches of the Tree Preservation Order

A breach of the Tree Preservation Order occurs when unauthorised work is carried out on a tree covered by Council's Tree Preservation Order.

To avoid breaching Council's Tree Preservation Order it is suggested that before any tree works are undertaken that the owner of the tree determine if they require Council consent. This may involve obtaining a copy of Council's Tree Preservation Order and positively identifying the tree on which the proposed works are to be carried out. Works undertaken on protected trees due to incorrect identification will be considered a breach of the Order.

Council considers unlawful damage to trees as serious and breaches of the Tree Preservation Order can incur a maximum penalty of $10,000. In addition, a Court may direct an offender to plant new trees and vegetation and maintain them until established, as well as providing security as an incentive to meet this obligation.

For enquiries regarding pruning and removal contact Council's Conservation & Land Management Section on 9942 2472. For illegal tree works contact Council's CALM Section during Business hours and Council's Compliance Section on 9942 2111 outside business hours.

Trees and Development Applications

Prior to an application being lodged with Council, any trees that will be potentially impacted upon by the proposed development must be clearly and accurately depicted on accompanying site plans. This includes trees located on neighbouring properties. Proposed removal and pruning of trees that is required, as part of proposed development must be indicated on the plans.

The impacts on trees can then be appropriately assessed as part of the application process. Following this process the applicant will be advised if they are required to lodge a Tree Application Form for any proposed tree works. If approval is sought for the removal of subsequent trees that are subject to special conditions, an amendment to the original consent is required.

Trees works consented to on Council managed land, as part of a development application will be undertaken at the cost of the applicant. This includes planting, pruning and removal works.

If you have any further queries, please contact Council's Landscape Advisor on 9942 2111 or email council@warringah.nsw.gov.au

Tree works on Council managed land

Council's management of trees located on Council managed land needs to be transparent and consistent with the expectations and impositions that the Tree Preservation Order puts on residents managing the trees on their own property. Council needs to be seen to be performing works on their own trees within the appropriate legislation and be seen as an example of correct procedures.

Pruning and removal requests

Requests for pruning or removal of trees can be lodged with Council's Conservation & Land Management Section on 9942 2472. The request will then be recorded and referred to Council's Tree Management section for assessment. A determination will then be made and any necessary work completed. The person responsible for initiating the request is also notified of the determination as part of this process.

Tree Works

Council will only undertake pruning or removal following appropriate assessment of the tree. Only then will appropriate work be determined in accordance with Australian Standards 4373.

Consent may be granted to the following:

• Removal of unsuitable or hazardous trees.
• Selective pruning, and weight reduction of limbs.
• Maintenance pruning to remove dead, diseased, dying, defective branches.
• Selective pruning to remove branches causing conflict, ie building encroachment.
• Root pruning of trees to ameliorate damage to built & natural structures.
• Pruning for service lines excluding electrical service lines.
• Crown lifting for pedestrian or vehicular access.
• Pruning for vehicle sight lines, signage, and RTA requirements.
• Removal of trees in conflict with utilities and built structures where all engineering alternatives have been considered.
• Minimum work to make trees safe. In habitat trees, Council will remove the minimum amount that Council needs to make it safe, whilst still retaining habitat value (eg leaving a hollow stump for nesting birds).

• Tree works Council will not undertake

• Trees not considered to be Council responsibility.
• Removal of trees for views.
• Removal of trees for solar access, leaf, fruit or sap drop, bird or bat droppings, damage to sewer pipes/built structures unless all engineering alternatives have been considered.
• Removal of healthy and stable trees.
• Pruning of trees contrary to Australian Standards 4373.
• Any pruning work outside what a particular species will tolerate, ie figs if pruned by more than 10% can be predisposed to sunburn.
• Tree work for emotive reasons.
• Removal of trees inhibiting grass growth.
• Chemical controls unless deemed absolutely necessary, ie termite control on nature strips.
• Removal of trees for allergies unless tree can be medically linked to allergy by a specialist.
• Removal of trees found to be causing damage to minor ancillary structures such as footpaths and driveways.
• Requests for topping/height reduction of trees.

What are my rights of appeal if my request is refused?

Where an applicant is dissatisfied with a determination by an Assessor, a request for a review of the initial decision can be initiated.

The review will require an assessment to be undertaken by Council's Tree Management Officer. If in assessing the request the Tree Management Officer disagrees with the initial decision any works deemed necessary will be actioned and the person requesting the work notified. If the inspecting Officer agrees with the Assessors determination the person requesting the work will be notified outlining the determination and reasons behind refusal.

Reviews above the level of the Tree Management Officer will be prompted by reasons other than professional/technical assessment.

Street tree planting requests

Council's current street tree planting replacement program has been suspended due to the current drought conditions and water restrictions in place throughout New South Wales.

It is recommended that residents do not plant trees on the nature strip without first consulting Council. This practice could result in the refusal of future insurance claims associated with the tree if it can be proven that Council was not involved in the species selection process.

Tree related insurance issues

Any insurance issues associated with Council managed trees can be followed up with Council's Insurance Claims Section. Council's Team Leader of Insurance is available to discuss any tree related insurance issues on 9942 2111.

If you have any further queries, please contact Council's Tree Management section on 9942 2111 or email council@warringah.nsw.gov.au