Trees and vegetation

A permit from Council is required for the removal or pruning of vegetation, where the vegetation:

• is located in any other zone other than RU2 Rural Landscape and RU4 Primary Production Small Lots; and
• is higher than 3 metres; and
• has a branch spread of 3 metres.

Despite the above, no approval is necessary for the removal or pruning of vegetation where:

• It is within a NSW 10/50 Rural Fire Zone area and clearing is undertaken in accordance with those requirements; or
• Is subject to a current approved development consent; or
• It requires pruning for ornamental purposes in accordance with Australian Standard AS 4373 Pruning of Amenity Trees; or
• Is within 3 metres of an existing approved structure; or
• Is a biosecurity matter (i.e. a weed) under the Biosecurity Act 2015.

A permit request to remove or prune a dead, dying or dangerous tree that is a risk to human life or property and is not required as the habitat of native animals will require verification from a Level 5 qualified Arborist.

Where there is an imminent threat to human life or property from a tree, no permit is required. However, Council may require evidence that the tree was a risk to human life or property.

Approval for removal or pruning of trees and vegetation on private property may be obtained by contacting Council's Customer Relations team on 02 4993 4100. See the steps listed below:

1. Request a Tree Preservation Assessment to be undertaken
2. We'll assess your enquiry and determine which approvals or actions are required
3. Written notification will be provided

Please note: Fees and charges may apply

Approval for the removal or pruning of trees and vegetation isn't required in cases where the tree or vegetation:

• It is within a NSW 10/50 Rural Fire Zone area and clearing is undertaken in accordance with those requirements; or
• Is subject to a current approved development consent; or
• It requires pruning for ornamental purposes in accordance with Australian Standard AS 4373 Pruning of Amenity Trees; or
• Is within 3 metres of an existing approved structure; or
• Is a biosecurity matter (i.e. a weed) under the Biosecurity Act 2015.

Unauthorised removal or harm of vegetation may be considered a breach of the State Environmental Planning Policy (Vegetation) 2017 and the Cessnock Development Control Plan 2011.

Always seek advice from Council prior to undertaking works.

Certain requests may be declined if deemed not within the acceptable reasons for removal and/or pruning.

The following situations may be considered unacceptable:

• falling leaves, flowers, fruits or twigs which are considered a natural process of healthy trees and vegetation
• removal of tree and/or pruning for the purpose of view creation
• removal of healthy trees and vegetation
• removal of trees for the gain of solar access
• removal of trees and vegetation for purposes of land sales

Our Tree Officers are trained in tree assessment and determinations are made on a case by case scenario. Our tree inspections are conducted in line with the International Tree Hazard Evaluation Guidelines provided by the National Arborist Association of Australia. 

Should you not accept the determination made by our officer, a Level 5 Qualified Arborist report may be submitted for consideration and re-evaluation. The report must clearly demonstrate reasons for removal or pruning. It must also contain the Arborist's qualification and company details.

Upon review of the submitted documentation and evidence, approval may be granted. All associated costs in obtaining the Level 5 Arborist report are the responsibility of the property owner.