Council’s tree management controls do not give Council the authority to direct a neighbour to remove or prune trees that grow on their own land.

Disputes over trees must be resolved between you and your neighbour. There are, however, some options for you to consider:

You can ask your neighbour to prune or remove the tree

If your neighbour agrees to the tree removal or pruning, they will need to submit a Complying Development Application for Tree Management Work.

Application for tree removal form

If they agree to prune the tree they will need to include a written specification prepared by a qualified tree worker or arborist

If they agree to remove the tree they will need to include a written report prepared by a suitably qualifed arborist

A Council officer will review the pruning specification or removal report and check the tree to make sure the work is appropriate before issuing a Complying Development Certificate.

Council has produced guidelines for Completing a Complying Development Application to help you with your application.

 Guidelines for Completing a Complying Development Application (12.7Kb)

You can seek mediation

If your neighbour does not agree you can seek mediation. Mediation is an alternative dispute resolution method which involves you, your neighbours and a trained mediator discussing the problem in an effort to determine an outcome which is agreed to by all parties.

Contact the Hunter Community Justice Centre for assistance on 02 4925 0333.

You can seek legal advice

If you believe the tree or overhanging branches are creating a legal nuisance you can seek legal advice from a solicitor or the Chamber Magistrate.

Penalites apply to someone who damages or removes a tree

For all trees – Public and Private

• Damaging or removing a tree can be a breach of the Environmental Planning and Assessment Act 1979.
• Maximum Penalty (imposed by a Court) $1.1 Million
• On-the-spot Penalty infringement Notice (PIN- imposed by Council) $600

Public Trees only

• Damaging, disturbing or removing a tree can be a breach of the Local Government Act 1993
• Maximum Penalty (imposed by a Court) $2200
• On-the-spot Penalty infringement Notice (PIN- imposed by Council) $220

Useful links

Land and Environment Court website