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

The tree-lined streets and leafy properties of Sydney's Hills District are a defining characteristic of our beautiful region. However, when it comes to removing trees on your property, navigating the complex web of local council regulations can be challenging.

Whether you're dealing with a hazardous tree, planning home renovations, or simply maintaining your garden, understanding your responsibilities under The Hills Shire Council and neighbouring councils' tree preservation orders is essential to avoid substantial fines and protect our local environment.

Understanding Tree Preservation Orders in the Hills District

Tree Preservation Orders (TPOs) are local government regulations designed to protect significant trees and maintain the leafy character of our suburbs. In the Hills District, these regulations vary slightly between council areas but generally follow similar principles.

The Hills Shire Council Regulations

The Hills Shire Council's Development Control Plan (DCP) includes specific provisions for tree protection and management. Under current regulations:

• Protected Trees: Generally, any tree over 3 metres in height or with a trunk diameter of 75mm or more measured at 1.4 metres above ground level requires council approval for removal.
• Heritage Conservation Areas: Additional restrictions apply in designated heritage zones within Castle Hill, Baulkham Hills, and Glenhaven.
• Endangered Ecological Communities: Trees in areas mapped as Cumberland Plain Woodland or Blue Gum High Forest have stricter protection.

Neighbouring Council Regulations

If you live close to council boundaries, be aware that regulations can differ:

• Blacktown City Council: Permission is required for trees over 4 metres or with a canopy spread greater than 3 metres.
• Parramatta Council: Protection applies to trees over 5 metres or with a trunk diameter of 150mm or more at 1.4 metres from ground level.
• Hornsby Shire Council: Protects trees over 3 metres tall or with a crown spread of 3 metres or more.

When Do You Need a Tree Removal Permit?

In the Hills District, you'll generally need council permission to:

• Remove any protected tree as defined by your council
• Prune more than 10% of a protected tree's canopy
• Undertake works within the structural root zone of a protected tree
• Remove any tree in a heritage conservation area or on a heritage-listed property

Common Exemptions

Some situations may allow for tree removal without a formal application:

• Dead or Dangerous Trees: If a tree poses an immediate risk to life or property, you may be able to remove it without prior approval, but you'll need to document the hazard thoroughly with photos and possibly an arborist report.
• Exempt Species: Some non-native species like Privet, Cocos Palm, or African Olive may be exempt from protection.
• Fruit Trees: Trees grown specifically for fruit production in a residential context may be exempt.
• Distance from Dwellings: Trees within a specified distance from approved dwellings (usually 3 metres) may have simplified approval processes.

The Application Process

When applying for tree removal permission in the Hills District:

1. Initial Assessment: Determine if your tree requires council approval for removal.
2. Arborist Report: For most applications, you'll need a report from a qualified AQF Level 5 arborist detailing the tree's condition, significance, and reasons for removal.
3. Lodging Your Application: Submit your application through your council's online portal or in person. Most councils in the Hills District charge an application fee ranging from $80-$150.
4. Site Inspection: A council officer or tree management team member will typically inspect the tree.
5. Determination: Council will provide a written determination, usually within 2-4 weeks.

Penalties for Unauthorised Tree Removal

The penalties for removing trees without proper approval in the Hills District can be severe:

• On-the-spot Fines: Starting at $3,000 for individuals.
• Court Penalties: Up to $110,000 for significant breaches.
• Additional Penalties: For heritage trees or protected species, penalties can include mandatory replacement planting and ongoing maintenance costs.

Recent Case Study: Castle Hill Property Owner

In a recent case, a Castle Hill resident was fined $8,000 for removing three mature eucalyptus trees without council permission. Beyond the financial penalty, they were required to plant six advanced replacement trees and maintain them for two years, with regular council inspections.

Working with Professional Arborists

Professional arborists familiar with local council regulations can help navigate the permission process by:

• Providing expert assessments of tree health and risk
• Preparing comprehensive reports that address council requirements
• Offering alternatives to removal when appropriate
• Ensuring all work complies with Australian Standards (AS4373-2007 for pruning)
• Managing the application process on your behalf

Sustainable Alternatives to Tree Removal

Before considering tree removal, explore these alternatives:

• Selective Pruning: Address specific concerns while preserving the tree.
• Cabling and Bracing: Provide structural support for valuable trees with weaknesses.
• Root Barriers: Manage root systems that are affecting structures.
• Tree Health Treatments: Address pest, disease, or nutritional issues.

Get Expert Advice

At Treemendous Tree Care, we specialise in helping Hills District homeowners navigate the complex regulations surrounding tree management. Our certified arborists understand local council requirements and can provide the documentation you need for successful applications.

Contact us for a complimentary initial assessment of your tree situation and expert guidance on the most appropriate course of action for your property.