Council rules
Tree removal permits in Newcastle and Lake Macquarie
Four councils cover this area and each sets its own tree rules, so the first question on any job is which council's apply.
City of Newcastle
What counts as a protected tree
Newcastle's development control plan declares vegetation that needs a permit unless an exemption applies.
Height or trunk
A tree equal to or greater than 3m in height is declared vegetation. For a tree with several trunks, the bar is a diameter of 10cm for one of the trunks.
Close to the house
A tree within 3m of the edge of a pool, or of a dwelling or a building over 20 square metres, is exempt, measured from the trunk.
Undesirable species
Table C3.01 lists exempt species including privet, African olive and Canary Island date palm, with camphor laurel exempt unless the tree height exceeds 10m.
Pruning
Pruning that is not clearing is exempt when it follows the Australian Standard and is done by someone with training to AQF level 3 in arboriculture.
How it works
From the first message to a written quote
The council question is settled before any price, and nothing is booked until you have said yes to a quote in writing.
- 1
Tell us what the tree is doing
Where it stands, what it hangs over and what you would like done about it.
- 2
A contractor comes to see it
A tree contractor who covers your suburb looks at the tree, the access and what is underneath it.
- 3
The council question is answered
Your council, the tree's height and trunk, its distance from the house and the species decide whether a permit or an exemption applies.
- 4
You get it in writing
Scope, timber, stump and date on one page, and nothing is booked until you have said yes.
Approvals
Each council's rules, and the state's
What does a Newcastle application need?
A level 5 arborist report showing the tree meets the council's tests. Most applications are processed within 30 days, and an approved permit stays valid for five years.
What about a tree damaged in a storm?
Where a Newcastle tree is an immediate risk after a storm, the council's storm damage form is to be submitted within 5 days of tree clearing. Under the state rules a permit is not needed for vegetation the council is satisfied is a risk to human life or property.
Does a heritage area change things in Newcastle?
Yes. The near-building, storm and weed exemptions do not apply on a heritage item, or in a heritage conservation area where the tree is visible from the street or other public areas other than a lane.
How does Lake Macquarie decide?
By species. A tree application may be required before pruning or removing a native tree or Araucaria pine species, and it is up to the owner to identify if a tree is native. A neighbour's native branches can be cut back to the boundary if the pruning does not exceed 10% of the tree canopy.
What are the Port Stephens exemptions?
Port Stephens exempts a tree less than 3 metres high with a small trunk, and minor pruning of less than 12 months' growth or 10% of foliage. A tree in danger of immediate failure (within 48 hours) can come down first, with a self-certification form sent afterwards.
Does Port Stephens need notice for a dangerous tree?
Where a tree is a risk to property or life but not failing right now, the form goes in at least 10 working days prior to removal, and a dead tree also needs a report by an AQF3 arborist.
Where does the bushfire 10/50 rule fit?
Inside an entitlement area, trees within 10 metres of a home can be cleared without approval. Newcastle says that clearing does not require a CN permit, and Port Stephens says there is no need to apply to council. Check the RFS tool on the day you are clearing.
What about Maitland and rural blocks?
Maitland City Council sets its own rules, and they are checked for the address on the visit. On rural land in Lake Macquarie and Port Stephens, tree removal is assessed by Local Land Services rather than the council.
