Key Takeaways
- Tree Preservation Orders vary significantly between Sydney's 33 councils
- Most TPOs protect trees over 4-5m height or 30cm trunk diameter
- Penalties for breaching TPOs range from $3,000 to over $1 million
- Some species are exempt from TPOs but this varies by council
- Understanding your local TPO requirements before starting any tree work is essential
What is a Tree Preservation Order?
A Tree Preservation Order (TPO) is local council legislation that protects trees on private property. In Sydney, most councils have adopted TPOs as part of their Development Control Plans (DCPs) or Local Environmental Plans (LEPs).
Under a TPO, you typically need council approval before removing, pruning, or damaging protected trees. This includes root cutting, poisoning, and any work that might harm the tree.
Why TPOs Exist
Sydney's trees provide significant community benefits:
- Urban cooling: Trees reduce the urban heat island effect, cooling suburbs by 2-8°C
- Air quality: Trees filter pollutants and produce oxygen
- Wildlife habitat: Essential for native birds, possums, and other wildlife
- Property values: Mature trees can add 5-20% to property values
- Stormwater management: Trees reduce runoff and erosion
- Aesthetic and cultural value: Trees define Sydney's character
Common Protection Thresholds
While specific rules vary between councils, most TPOs protect trees that meet these criteria:
| Measurement | Common Threshold | How to Measure |
|---|---|---|
| Height | 4-6 metres | From ground to top of canopy |
| Trunk diameter | 30-40cm | At 1.4m above ground (DBH) |
| Canopy spread | 4-6 metres | Width of crown at widest point |
| Multi-trunk | Combined 40cm | Total of all trunk diameters |
Important: Meeting just ONE criterion typically triggers protection. Always check your specific council's regulations.
Sydney Council TPO Summary
Here's an overview of TPO regulations for major Sydney councils. Note that regulations change—always verify with your local council before starting any tree work.
City of Sydney
- Protected: Trees over 5m height OR 300mm trunk diameter
- Exempt species: Limited list including some palms and fruit trees
- Permit cost: Varies by application type
- Contact: 02 9265 9333
Randwick Council
- Protected: Trees over 5m height OR 300mm trunk diameter
- Exempt species: Cocos Palm, some weeds
- Contact: 1300 722 542
Waverley Council
- Protected: Trees over 5m height OR 300mm trunk diameter
- Exempt species: Cocos Palm, Umbrella Tree, some others
- Contact: 02 9083 8000
Northern Beaches Council
- Protected: Trees over 5m height OR 250mm trunk diameter
- Native preference: Stricter protection for natives
- Contact: 1300 434 434
North Sydney Council
- Protected: Trees over 5m height OR 300mm trunk diameter
- Heritage trees: Additional protection for significant trees
- Contact: 02 9936 8100
Inner West Council
- Protected: Trees over 5m height OR 300mm trunk diameter
- Exempt species: Various environmental weeds
- Contact: 02 9392 5000
Canterbury-Bankstown Council
- Protected: Trees over 4m height OR 300mm trunk diameter
- Contact: 02 9707 9000
Sutherland Shire Council
- Protected: Trees over 4m height OR 300mm trunk diameter
- Contact: 02 9710 0333
Commonly Exempt Trees
Many councils exempt certain species from TPO protection. Common exemptions include:
- Declared environmental weeds: Cocos Palm, Camphor Laurel, Privet, Rubber Tree
- Fruit trees: Often exempt, but check for size limits
- Dead trees: Usually exempt, but may need to prove they're dead
- Dangerous trees: Genuinely hazardous trees, with documentation
- Small trees: Those below the threshold measurements
Read our complete guide to tree removal regulations in Sydney for more detail.
Penalties for Breaching TPOs
Illegal tree removal carries serious penalties in Sydney:
| Offence Level | Typical Fine Range |
|---|---|
| Minor breach (small tree, first offence) | $3,000-$10,000 |
| Moderate breach | $10,000-$50,000 |
| Significant tree (heritage, major impact) | $50,000-$250,000 |
| Maximum (Environmental Planning Act) | $1.1 million |
Beyond fines, councils may also require:
- Replacement planting (often 2:1 or 3:1 ratios)
- Bond for tree establishment
- Remediation works
- Court-imposed orders
How to Apply for a Tree Permit
Step 1: Check If You Need a Permit
- Measure your tree (height, trunk diameter)
- Identify the species
- Check your council's TPO for exemptions
- Consider calling council for clarification
Step 2: Gather Documentation
Most applications require:
- Completed application form
- Site plan showing tree location
- Photos of the tree and any damage/issues
- Arborist report (for significant trees or complex applications)
- Neighbour notification (some councils)
Step 3: Submit and Wait
- Processing times vary: 2-8 weeks typically
- Complex applications may take longer
- Council may request additional information
- Site inspections may be required
Step 4: Receive Decision
Permits may include conditions such as:
- Replacement planting requirements
- Timing restrictions
- Wildlife checks before removal
- Arborist supervision
When You Need an Arborist Report
An arborist report significantly improves your chances of permit approval. It's often required for:
- Heritage-listed or significant trees
- Trees on the boundary
- Applications claiming the tree is dangerous
- Development applications affecting trees
- Neighbour dispute situations
Read more about arborist report costs and what to expect.
Pruning Under TPOs
Most councils allow minor pruning without approval:
- Typically permitted: Removing up to 10% of the canopy
- Deadwood: Usually exempt from restrictions
- Clearance: Cutting branches near buildings/powerlines often allowed
- Always prohibited: Lopping, topping, or lion-tailing
For professional tree pruning that complies with regulations, engage a qualified arborist.
Emergency Tree Work
Genuinely hazardous trees can be addressed without prior approval:
- Imminent danger to people or property
- Storm damage requiring immediate response
- Trees that have already failed
Important: Document everything (photos, videos, dates) and notify council within 24-48 hours. You may need to provide evidence the work was genuinely urgent.
For emergency tree services, contact a professional who can document the situation properly.
Frequently Asked Questions
Can my neighbour make me remove my tree?
Generally, no. Neighbours cannot force you to remove a tree unless they apply to NCAT under the Trees (Disputes Between Neighbours) Act. Even then, removal is a last resort after considering pruning or other solutions.
What if my tree is damaging my neighbour's property?
You may be liable for damage caused by your tree. However, you still need council approval before removing a protected tree. An arborist report can help establish the facts.
How do I check if a tree is heritage-listed?
Check your council's LEP or heritage register. Many councils have online mapping tools that show heritage items. Significant trees are sometimes listed individually.
Can I prune tree roots that are in my property?
Technically yes, but severe root pruning can kill a protected tree—which would breach the TPO. Seek advice before cutting major roots.
Need Help with Council Tree Permits?
Sydney Tree Services provides advice on council permit requirements and prepares arborist reports that councils accept. Our AQF Level 5 qualified arborists have 30+ years experience navigating Sydney's council regulations. We can assess your tree, prepare documentation, and carry out approved works. Get expert advice or call 0422 699 777.
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