Apply for a Local Law tree pruning or removal permit
We are committed to protecting Bayside's tree canopy and removal of a tree should only be considered as a last option.
Removals
To remove a tree a Local Law permit will be required if:
- the tree has a single or combined trunk circumference greater than 155cm measured at 1m above ground level. If the tree has several trunks, the 4 largest trunks circumferences should be added together; or
- the tree is planted in accordance with the replacement planting condition of a Local Law permit; or
- the tree is listed on our Significant Tree Register.
For tree removals, you will need to provide a reason and supporting evidence. Please refer to the Local Law guidelines below for further information.
The Local Law guidelines are used to assess tree removal applications. The considerations are:
- Whether a Building Permit has been granted necessitating removal of a protected tree.
- Verifiable evidence of structural damage to a building, services or infrastructure which can only. be overcome by implementing a remedy that is unreasonable or greatly disproportionate to the amenity value of the tree.
- Tree risk assessment (intolerable risk = permit to remove granted).
- Tree retention value (low = permit to remove granted).
- The useful life expectancy of the tree as defined in Appendix 5 of Council’s Tree Habitat Value Assessment Matrix (Less than three years = permit to remove granted).
- The habitat value of the tree as determined by based on the Tree Habitat Value Assessment Matrix.
- Evidence from Council staff indicating the tree has a detrimental impact on surrounding environment or public health.
- Special circumstances including medical conditions, disability, access safety or financial hardship, where there is no other reasonably practicable way to manage issues directly related to the tree; following referral to the Manager Community Care or responsible delegate to determine if assistance or supports are available, reasonable, and proportionate.
Pruning
In most circumstances you do not need a permit to prune a tree or vegetation on your private property. Pruning of trees are preferable to removal, where possible.
A tree pruning permit is not required if;
- The pruning is carried out by a qualified* arborist in line with Australian Standard 4373-2007 Pruning of Amenity Trees. Check with your arborist that the pruning required is in line with these standards before works begin and ensure that the arborist is appropriately qualified* in line with Council's requirements.
- Photographs taken before and after pruning.
- The qualified* arborist who conducts the pruning provides you with certification stating that they have done the works according to the Australian Standard 4373-2007 Pruning of Amenity Trees.
A Local Law permit may be required if the tree is of particular size, planting condition or significance and a qualified* arborist is not doing the work.
*Arborist must have a minimum qualification certificate IV arboriculture for pruning roots or certificate III for pruning above ground part of tree.
To complete this form you will need
- To review the Tree Protection - Guidelines in the Neighbourhood Amenity Local Law 2021 Guidelines.
Tree Protection - Guidelines
The provisions of clause 21 of the Local Law will be administered in accordance with these Guidelines. In determining whether a tree is a protected under the Local Law, whether a tree-protection offence has occurred and/or whether to issue a permit for removal or pruning of a tree, the Authorised Officer or Delegated Officer must have regard to the following matters:
(1) When measuring whether or not the single or combined tree trunk circumference is 155 centimetres or more at one metre above ground level, the instrument used for measuring the trunk circumference or combined trunk circumference should be placed at a 90 degree angle to the growth direction of the trunk;
(2) Any tree is exempt from protection if it is of a species which is a declared noxious weed species;
(3) In an emergency, any tree that is an immediate threat to life and or property may be removed without a permit;
(4) A permit for pruning is not required if the pruning is to be carried out by a qualified arborist, in accordance with Australian Standard No.4373. 2007Pruning of Amenity Trees, who certifies his or her work and provides photographs before and after the work; Permit Application Considerations: Note: An objective of Council’s Urban Forest Strategy seeks to ensure we maintain our existing canopy cover across the Bayside municipality and avoid further decline. When assessing a permit application to remove, cut, trim, lop or prune a protected tree or significant tree, the following must be taken into consideration:
(5) Whether a building permit has been issued under the Building Control Act 10 Local Law Guidelines, Neighbourhood Amenity Local Law 2021 [8115544: 29444403_1] 1993 and the permitted building(s) and/or construction works: (a) are located in such a position that the subject tree is within the envelope of the permitted buildings or works; (b) encroach on the tree protection zone of an existing tree by more than 40%; or (c) encroach on the structural root zone of an existing tree.
(6) Verifiable evidence of structural damage to a building, services or infrastructure which can only be overcome by implementing a remedy that is unreasonable or greatly disproportionate to the amenity value of the tree;
(7) Tree risk assessment using an industry standard tree risk assessment methodology undertaken by a minimum AQF Level 5 arborist or equivalent, who is formally trained in a tree risk assessment method and holds a current qualification or licence from that training;
(8) The retention value of the tree as defined in Appendix 5 of Council’s Landscape Guidelines;
(9) The useful life expectancy of the tree as defined in Appendix 5 of Council’s Landscape Guidelines;
(10) The habitat value of the tree;
(11) Evidence from Council staff indicating the tree has a detrimental impact on the surrounding environment or public health;
(12) Special circumstances including medical conditions, disability, access safety or financial hardship, where there is no other reasonably practicable way to manage issues directly related to the tree; following referral to the Manager Community Care or responsible delegate to determine if assistance or supports are available, reasonable and proportionate.
(13) Any permit granted may contain a condition stipulating that upon removal of a tree, one or more new trees, which may also include suitable middle-story or under-story planting where appropriate, must be planted and maintained to Council’s satisfaction in accordance with Council’s Landscape Guidelines and area Precinct Plan, or as otherwise required by the permit.
- Review the Remove or prune trees/vegetation on private property guidelines
- A diagram showing the location of the tree/s proposed for pruning/removal in relation to key features such as house, garage, driveway etc. Please ensure you label the trees on the diagram with numbers, for example tree 1, tree 2.
- For tree removal, if you are not the owner of the property, a signed owner notification form.
- Owner notification form (PDF, 60.48KB)
- Owner notification form (DOCX, 268.33KB)
- A Visa or Mastercard
- Understand that the fee is a non-refundable administration fee.
Supporting documentation
Information that will be required includes:
- A diagram showing the location of the tree/s proposed for pruning/removal in relation to key features such as house/garage/driveway etc.
- Owner consent form if you are not the owner of the property.
Depending on the reason for your application you may choose to submit one or more of the following:
- Report from a qualified arborist including a risk assessment utilising a recognised method or complete of our quantified tree risk assessment data sheet linked at the top of this form.
- A report from a licensed and / or qualified person in their field, (eg plumber, engineer, architect, builder)
- A copy of Building permit
- A copy of Medical certificate
- Applicable evidence