Tree Removal Regulations in the Hills District: What Homeowners Need to Know

Navigating Tree Removal Regulations in Sydney's Hills District

The Hills District is renowned for its leafy suburbs and established tree canopy, which contributes significantly to the area's character and appeal. However, this green urban environment is carefully protected through a comprehensive framework of regulations that govern tree removal and maintenance.

As property owners in the Hills District, understanding these regulations is essential whether you're concerned about a hazardous tree, planning property development, maintaining your garden, or addressing issues with encroaching roots. Navigating these regulations can seem daunting, with potential penalties for non-compliance reaching tens of thousands of dollars.

At Treemendous Tree Care, with over 20 years of experience working throughout the Hills District, we've created this comprehensive guide to help homeowners understand their obligations, rights, and processes regarding tree removal. This guide covers council-specific regulations, protected species, exemption criteria, application processes, and professional assistance options.

For official information, you can also visit The Hills Shire Council's Trees on Private Land page, which provides up-to-date regulatory information and application forms.

Quick Reference: Hills District Tree Removal Requirements

Note: Specific requirements may vary slightly between different parts of the Hills District. This guide primarily references The Hills Shire Council regulations, but we also cover variations in Hornsby and Parramatta council areas that overlap with the broader Hills District.

Understanding Regulated Trees in the Hills District

Not all trees in the Hills District are subject to the same level of protection. Understanding which trees are regulated is the first step in navigating the compliance process.

1. What Constitutes a Protected Tree?

In The Hills Shire Council area, a tree is generally protected if it meets ANY of these criteria:

• Height threshold: Any tree 3 metres or taller
• Trunk diameter: Trees with a trunk diameter of 30cm or more measured at 1.4m above ground level
• Environmental significance: Trees listed on the Significant Tree Register
• Heritage value: Trees on heritage-listed properties or in heritage conservation areas
• Endangered ecological communities: Trees that form part of an endangered ecological community
• Previous conditions: Trees required to be planted or retained as conditions of previous development approvals

Similar but slightly different criteria apply in Hornsby and Parramatta Council areas that overlap with the broader Hills District region.

2. Specifically Protected Species

Certain native species receive additional protection regardless of size:

• Sydney Blue Gum (Eucalyptus saligna) - Common in sheltered gullies throughout the Hills
• Turpentine (Syncarpia glomulifera) - Frequently found in higher-quality bushland areas
• Blackbutt (Eucalyptus pilularis) - Common on sandstone ridges
• Grey Ironbark (Eucalyptus paniculata) - Found throughout the Hills District
• Forest Red Gum (Eucalyptus tereticornis) - Common on clay soils in the Hills
• All species of Acacia (wattles) over 5m in height - Subject to protection
• All Angophora species - Including Sydney Red Gum (Angophora costata)

These species are integral to the local ecosystem and typically require stronger justification for removal approval.

3. Exempt Trees and Situations

Some trees and scenarios are exempt from requiring approval for removal:

• Listed environmental weeds: Including Privet, Camphor Laurel (under 10m), African Olive, Cotoneaster, and Rubber Tree
• Fruit trees: Trees grown specifically for their edible fruit (excluding native fruit trees)
• Distance exemptions: Trees within 3m of an approved dwelling (may vary by specific council area)
• 10/50 Vegetation Clearing Scheme: Properties in designated bushfire-prone areas may have additional rights under this NSW Rural Fire Service scheme
• Emergency situations: Trees posing immediate danger (though documentation and retrospective approval may be required)

Even for exempt trees, we recommend consulting with a professional arborist before removal to confirm exemption status and ensure compliance.

Tree Removal Application Process in the Hills District

When a tree on your property is protected and you wish to remove it, you'll need to follow the formal application process:

1. Standard Tree Management Application

For most residential tree removals, this is the primary application process:

1. Application form submission: Complete the Tree Management Application form from your local council (available online)
2. Supporting documentation: Provide clear photos of the tree and any relevant evidence supporting your removal request
3. Site plan: Include a basic site plan showing the tree location relative to buildings and property boundaries
4. Application fee payment: Pay the required fee (typically $85-$150 depending on number of trees)
5. Council assessment: A council tree officer will inspect the tree, typically within 2-4 weeks
6. Determination: You'll receive written notification of approval, conditional approval, or refusal

Approval is generally valid for 12 months from the date of issue.

2. How Councils Assess Applications

Council tree officers evaluate applications based on several key criteria:

• Tree health and condition: Extent of disease, decay, or structural defects
• Risk assessment: Likelihood and consequences of failure
• Species appropriateness: Whether the species is suitable for its location
• Environmental impact: Contribution to local ecosystem and habitat value
• Amenity value: Contribution to streetscape and neighbourhood character
• Infrastructure impact: Damage to buildings, pipes, driveways (existing, not potential)
• Alternative solutions: Whether pruning or other measures could address concerns
• Replacement potential: Opportunities for replacement planting

3. When Arborist Reports Are Required

In certain situations, council may require a professional arborist report:

• Complex cases: Where tree health assessment requires technical expertise
• Significant trees: For trees listed on the Significant Tree Register
• Development applications: When tree removal is part of a development proposal
• Disputed cases: Following initial rejection or neighbour objections
• Insurance claims: When removal is related to property damage claims

Professional arborist reports typically cost $350-$650 depending on complexity and typically must be prepared by an AQF Level 5 consulting arborist.

4. Emergency Removal Process

For genuinely hazardous trees requiring urgent removal:

• Document the hazard: Take clear photographs from multiple angles
• Contact council: Many councils have emergency assessment procedures
• Professional assessment: Have a qualified arborist document the immediate risk
• Retain evidence: Keep photographs, arborist reports, and correspondence
• Submit retrospective application: If pre-approval wasn't possible, submit documentation after emergency work

Note that claiming "emergency" inappropriately can result in significant penalties.

Special Circumstances and Requirements

Certain situations involve additional considerations beyond the standard application process:

1. Tree Removal as Part of Development

When tree removal is related to construction or development:

• Development Application (DA) requirement: Tree removal for development purposes must be included in your DA
• Arboricultural Impact Assessment: Required for most DAs affecting trees
• Tree Protection Plan: Strategies to protect retained trees during construction
• Compensatory planting: Typically required as a condition of approval
• Timing considerations: Approvals must be obtained before any clearing begins

2. Neighbour's Trees and Boundary Issues

When dealing with trees on or near property boundaries:

• Owner responsibility: Applications must come from the tree owner (where trunk meets ground)
• Neighbour consent: Required if accessing neighbour's property for removal work
• Overhanging branches: You may legally trim branches to your boundary line (but not beyond)
• Trees Disputes Between Neighbours Act: Legal framework for resolving serious disputes
• Land and Environment Court: Final arbiter for unresolved disputes

3. Heritage Properties and Conservation Areas

Properties with heritage listings have additional requirements:

• Integrated approvals: Both heritage and tree management applications required
• Higher scrutiny: Trees on heritage properties receive additional consideration
• Heritage impact statement: May be required to demonstrate necessity
• Conservation areas: Entire precincts with additional tree protection
• Heritage gardens: Historic garden designs may be protected in their entirety

4. Bushfire Protection Considerations

Properties in bushfire-prone areas have specific provisions:

• 10/50 Vegetation Clearing Scheme: Allows removal of certain trees within 10m of habitable buildings
• Eligibility check: Not all Hills District properties qualify (use RFS online tool to check)
• Restrictions: Heritage items and environmentally sensitive land have limited exemptions
• Documentation: Keep records of all clearing under this scheme
• Council notification: Some councils request notification even when using 10/50 entitlements

Compliance and Penalties for Unauthorized Removal

Non-compliance with tree protection regulations can result in significant penalties:

1. Penalty Framework

• Individual penalties: Up to $110,000 for removing protected trees without approval
• Corporate penalties: Up to $1.1 million for companies undertaking unauthorized removal
• Daily penalties: Additional fines may apply for each day an offense continues
• Court orders: Replacement planting and remediation work may be mandated
• Criminal record: Serious breaches can result in criminal proceedings

2. Council Enforcement Mechanisms

Local councils employ various enforcement strategies:

• Compliance officers: Regular patrols and response to community reports
• Aerial surveillance: Comparison of aerial photographs to detect unauthorized clearing
• Stop work orders: Immediate cessation of non-compliant activities
• Remediation directions: Orders to replace trees and restore damaged areas
• Prosecution: Legal proceedings for significant or repeat offenses

3. Ensuring Compliance and Best Practices

• Always check first: Contact council or a consulting arborist before any tree work
• Get it in writing: Obtain written approvals and keep records
• Use qualified contractors: Ensure arborists have appropriate insurance and qualifications
• Photographic evidence: Document site conditions before and after approved work
• Neighbour notification: Inform neighbours of approved tree work to prevent misunderstandings

Professional Assistance with Tree Regulations

Navigating tree regulations often benefits from professional guidance:

1. How Qualified Arborists Can Help

• Tree assessment: Professional evaluation of health, structure, and risk
• Application preparation: Assistance with completing and substantiating applications
• Technical reports: AQF Level 5 arborist reports for complex cases
• Council liaison: Representation during site inspections and follow-up
• Alternative solutions: Recommendations for pruning or management when removal is not approved
• Compliant removal: Proper execution of approved tree work

2. Selecting the Right Professional

When choosing an arborist to assist with regulatory matters, look for:

• Qualifications: Minimum AQF Level 3 for tree work, Level 5 for consultant reports
• Insurance: Public liability and professional indemnity coverage
• Local experience: Familiarity with Hills District councils and regulations
• Regulatory knowledge: Understanding of current tree protection frameworks
• Industry memberships: Affiliations with professional organisations like Arboriculture Australia
• References: Demonstrated experience with similar regulatory applications

3. Typical Costs and Timeframes

• Initial consultation: $150-$250 for professional assessment
• Basic arborist reports: $350-$450 for straightforward cases
• Comprehensive reports: $450-$650+ for complex cases or development applications
• Application assistance: $200-$300 for standard applications
• Council determination: Typically 2-4 weeks after application submission
• Tree work scheduling: Usually 1-3 weeks after approval (depending on complexity)

Tree Replacement and Regeneration

Most tree removal approvals come with replacement planting conditions:

1. Standard Replacement Requirements

• Replacement ratios: Typically 1:1 for standard trees, multiple replacements for significant specimens
• Species selection: Often specified by council, typically native or compatible with local character
• Minimum size: Usually 45-75L pot size at planting (approximately 1.5-2m height)
• Timing requirements: Typically within 3-6 months of removal
• Ongoing maintenance: Requirements to ensure establishment (usually 12-24 months)
• Placement: Location requirements to ensure long-term viability

2. Recommended Species for the Hills District

These species are generally favoured for replacement planting in the Hills:

• Medium-sized natives: Blueberry Ash (Elaeocarpus reticulatus), Tuckeroo (Cupaniopsis anacardioides)
• Smaller flowering natives: Lillypilly varieties (Syzygium species), Bottlebrush (Callistemon species)
• Larger canopy trees: Blackbutt (Eucalyptus pilularis), Sydney Blue Gum (Eucalyptus saligna)
• Native ornamentals: Firewheel Tree (Stenocarpus sinuatus), Illawarra Flame Tree (Brachychiton acerifolius)
• Low-growth areas: Crepe Myrtle (Lagerstroemia indica), Magnolia varieties (for under power lines)

Species selection should consider soil type, available space, and proximity to structures.

3. Successful Establishment Strategies

• Proper planting: Correct planting depth, hole preparation, and initial watering
• Ongoing irrigation: Regular deep watering, especially during establishment period
• Mulching: 75-100mm organic mulch layer (kept away from trunk)
• Staking when necessary: Proper staking techniques that don't damage the tree
• Protection: Tree guards in high-traffic or exposed areas
• Formative pruning: Early structural pruning to develop strong form

Conclusion: Responsible Tree Management in the Hills District

The Hills District's leafy character is one of its most valued attributes, and the regulatory framework protecting it serves an important purpose in maintaining this unique environment. While navigating these regulations may seem complex, understanding them helps property owners make informed decisions about tree management on their land.

Compliance with tree regulations is not merely a legal obligation but a contribution to maintaining the Hills District's environmental integrity and aesthetic appeal. Working within these frameworks, property owners can address legitimate concerns about problem trees while supporting the area's long-term environmental health.

At Treemendous Tree Care, we've been helping Hills District residents navigate these regulations for over 20 years. Our team of certified arborists understands both the technical aspects of tree assessment and the regulatory requirements across the various council areas within the Hills District.

For professional assistance with tree assessments, council applications, or advice on compliance with local regulations, contact Treemendous Tree Care. We provide comprehensive support throughout the application process, from initial assessment to professional report preparation and council liaison, helping you manage your trees legally and responsibly.