The NSW Government has recently introduced a new suite of Land Management and Biodiversity Conservation reforms which create a framework for the regulation of native vegetation and non-native vegetation clearing (including individual trees) in NSW.
A component of the reforms is a new State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 which applies to land in the Georges River local government area, and other urban areas, since 25 August 2017 (the SEPP).
The SEPP has repealed tree preservation clauses in both the Hurstville Local Environmental Plan 2012 and the Kogarah Local Environmental Plan 2012 (clauses 5.9 and 5.9AA) and will now regulate the process for tree removal, pruning and the like that does not require development consent, but for which a permit from Council is required.
If you wish to remove or prune a tree that requires a permit or development consent under either the Hurstville Development Control Plan No. 1 or the Kogarah Development Control Plan, you will need to obtain a permit from the Council.
The relevant sections of Council’s Development Control Plans can be accessed here:
Please note: failure to obtain development consent or a permit for a tree that is covered by the relevant development control plan, will be an offence against the
Environmental Planning and Assessment Act 1979.
Tree Application Processes by Ward
Depending on where you live, the conditions which apply to your application to remove or prune a tree currently fall under one of three processes:
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Peakhurst, Mortdale and Hurstville Wards (Tree Management Process A)
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Hurstville City Centre (Tree Management Process B)
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Blakehurst and Kogarah Bay Wards (Tree Management Process C)
To find your property, click on the magnifying glass on the lower right of the map, enter your address and Search. A User Guide has been developed if you require any further assistance when using Council’s Neighbourhood Maps.
Peakhurst, Mortdale and Hurstville Wards
How to apply
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Complete Council's Application to Remove or Prune a Tree(s)
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Lodge your application at Council's Customer Service Centres. An application fee must also be paid upon lodgement.
If your property is located within Peakhurst, Mortdale and Hurstville Wards, but outside of Hurstville City Centre, applications are determined by legislation outlined within:
If your property is located within
Hurstville City Centre, applications are determined by legislation contained in
State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and
Hurstville DCP No. 1 - Appendix 1.
Blakehurst and Kogarah Bay Wards
How to apply
Follow steps 1. and 2. as per above.
If your property is located within Blakehurst and Kogarah Bay Wards, applications are determined by legislation outlined within:
Conditions
Before your application is approved, please be aware:
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The property owner, or their authorised agent, must sign the application
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Council cannot give consent to remove a tree without the property owner’s permission
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Council’s Tree Management Officer will inspect the site and undertake a Visual Tree Assessment. Following the site inspection, a written permit will be sent to the property owner advising them what tree work has been approved.
Once tree pruning or tree removal is approved, the following conditions apply:
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Approval is valid for 12 months from date of consent
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Pruning must be carried out in accordance with Australian Standard AS 4373 - 07 Pruning of Trees
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Approval is subject to the replacement of trees at an appropriate location.
Penalties
If persons are found guilty of breaching the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and the Environmental Planning and Assessment Act, 1979 (NSW) the following fines may be imposed:
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A penalty not exceeding $110,000 by the local court
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A penalty not exceeding $1.1 million by the Land and Environment Court of NSW