The following information provides an overview for tree, shrub and native vegetation removal in the Newcastle local government area, and a link to the application form/s.
In all circumstances, the Newcastle Urban Forest Technical Manual is to be consulted before engaging consultants or lodging application forms.
Tree and shrub removal on your property
The Newcastle Urban Forest Technical Manual (herein referred to as the Manual) is separated into three parts based on the land on which the tree, shrub or other vegetation is located, and the type of vegetation present. The two parts relevant to tree or vegetation removal on private land are:
- Part A - Private Trees: provides guidance on the management of trees and shrubs located on private land.
- Part C - Native Vegetation Communities: provides guidance on the management of native vegetation communities or assemblages on private land.
Part A - Private Trees
Private Tree Removal - Exempt Criteria (no application required)
In accordance with Part A of the Manual there are some instances where approval is not required for the removal of trees or shrubs on your property. To remove a tree or shrub without approval on your property the tree or shrub must meet one of the following criteria:
- The tree or shrub poses an immediate risk to life or property due to a demonstrated sudden change to its structure as a result of a severe storm or wind event. Documentation for removal must be in accordance with Part A Section 3.3 (1) of the Manual. The person carrying out the removal must complete a Report Storm Damage Tree Removal Form. Clear photos are required to support the removal of the tree and must show the tree in context, its relationship to dwellings, other trees or structures, and clear images of the damaged sections of the tree. The completed storm damage form and photographic evidence must be retained for at least 2 years. You are not required to submit the completed form and evidence to Council unless the storm damaged tree is (or forms part of) a heritage item, in which case you must submit your completed storm damage form and evidence to Council within 5 working days of the tree removal.
- The tree is dying or dead, and the requirements of Section 3.3 (2) of Part A of the Manual have been met. Clear photos are required to support the removal of the tree and must show the tree in context, its relationship to dwellings, other trees or structures, and clear images showing that the tree is dying or dead. A Dead or Dying Tree Removal Form must be completed. You are not required to submit the completed form and evidence to Council, however it must be retained for at least 2 years.
- The tree is less than 3m in height or with a circumference at breast height (1.4m above ground level) less than 450mm for a single trunk tree, or less than 300mm for each trunk of a multi-trunk tree. See Section 3.3 (3) of Part A of the Manual.
- The shrub is less than 5m in height and is not part of a native vegetation community.
- The tree or shrub is located within 3m of the wall of an existing principal building (excluding carports, garages, pergolas, fences, retaining walls and the like) on the land where it is situated or on adjacent privately owned. See Part A Section 3.3 (5) of the Manual.
- The tree or shrub is part of native vegetation previously planted for agriculture, agroforestry, forestry, horticulture or woodlot purposes.
Note: Exempt criteria items 2 to 6 above cannot be applied to trees or shrubs that are (or form part of) a heritage listed item, Aboriginal object or are located within a place of Aboriginal significance. In these instances a Private Tree Removal Application will be required to be submitted.
Private Tree Removal - Application Required
Owners of trees or shrubs that do not meet any of the above criteria will need to submit an application form as outlined below.
- For removal of three or less trees (or shrubs) with replacement planting: complete and lodge a Private Tree Removal Application Form. You will also need to provide a clear diagram indicating the location of the tree/s to be removed, the reasons for removal and the location and botanical name of the replacement tree/s you intend to plant. Please note: trees you have recently planted cannot be considered as part of this application - replacement tree planting should not be undertaken until after you have been granted approval to remove a tree. Please refer to Part 4 of the application form.
- For removal of more than three trees (or shrubs), or for removal of three or less where no replacement planting is proposed: complete and lodge a Private Tree Removal Application Form. You must also provide a current Level 5 Arborist Report which demonstrates removal is the only option after considering all other reasonable options (in accordance with the Manual). Please note: the arborist report you provide must have been completed within the previous six months. Your application will be denied if the arborist report is older than six months and you will be required to submit a brand new application. Please refer to Part 5 of the application form.
Removal of trees/shrubs for future development is not permitted. Tree/shrub removal associated with a development will be assessed as part of the Development Application process.
Part C - Native Vegetation Communities
Part C of the Manual is to be consulted where the removal of more than three tree/shrubs is within a native vegetation community, wetlands, riparian zones or endangered ecological communities on private land. In these instances a Native Vegetation Removal Form must be completed and submitted to Council.
A removal permit will not be issued if the vegetation pruning or clearing exceeds the biodiversity offsets scheme threshold (refer to Biodiversity Conservation Act 2016 for further information), or is on land identified by the Biodiversity Values Map as defined by the Biodiversity Conservation Regulation 2017. Please confirm with the Office of Environment and Heritage: Biodiversity Offsets Scheme entry requirements.
For further information on tree removal refer to our frequently asked questions below.
Frequently Asked Questions
A Permit Application for Tree Removal (PDF) in relation to Part A must be completed and returned to City of Newcastle for processing. Once a determination has been made, you will receive a letter of the outcome.
For further information please contact the Customer Contact Centre on 4974 2000.
- one to three trees - $92.00
- over three trees - $26.00 per additional tree
Note: the above Fees and Charges are for 2022/23 and will be used for the updated permit application for tree removal form.
An arborist (or arboriculturist) is a specialist with qualifications specifically in the maintenance and management of urban trees. The
Newcastle Urban Forest Technical Manual Part A Section 6.0 provides the qualifications for an arborist to complete the required documentation under each process. It is important you determine that the arborist's qualifications meet Council requirements before you employ them.
It is important that any person you contract to remove trees, or to diagnose and report on tree risk and condition, is suitably qualified, experienced and adequately insured. It is very important to see evidence of qualifications and insurance cover as there have been local instances of serious misrepresentation of qualifications and skills. The
Newcastle Urban Forest Technical Manual Part A Section 6.0 provides the qualifications for an arborist to complete the documentation under each process.
Whilst each arborist (minimum Level AQF 5) will approach the task of tree diagnosis and reporting differently, there are some common matters that need to be addressed in most tree reports.
Arborists providing documentation to support Permit Application for Tree Removal are to use Appendix 7 and attached relevant photos and other information to this form. The information should be relevant to the issue only and clearly demonstrate any statements made.
For Development Applications a full arborist report is required and is to address the following matters:
- The full name, business address, telephone number(s), evidence of technical qualifications(s) and the experience of the arborist carrying out the tree inspection, diagnosis and reporting
- The full address of the site containing trees
- The full name of the person or company for whom the report is prepared
- The methods and techniques used in the site and tree inspection
- A suitably scaled plan of the site showing: the location of all trees on the site and any trees on adjoining land which overhang the subject land, the lot boundaries the location of above and below ground services/ utilities in proximity to the trees shown
- A table showing for each tree surveyed: the common and full scientific name; the age class; the estimated height; the trunk diameter at 1.4 metres; the canopy spread to the four cardinal points; a summary of the trees’ health and structural condition; an estimation of the trees useful life expectancy using appropriate industry methods
- A summary and/ or discussion of other relevant tree and site information such as soil and drainage characteristics, wildlife habitation, roof structure and distribution, pests and diseases, and tree hazard assessment details
- Tree hazard assessments should be conducted and recorded in accordance with industry best practice
- Supporting evidence such as annotated photographs and laboratory results if relevant to the proposed works or to assist in describing tree or site conditions
- A discussion of all options available, including why they are recommended or not recommended, eg can a built structure be relocated, repaired and tree(s) retained?
- A review of the implications of the proposed development on the health and structural condition of trees to be retained
- A description of the recommended protection measures to be put in place to ensure the protection of trees to be retained, and a description of any proposed method of tree removal
- A list of recommendations and the reasons for their adoption
- The sources of technical information referred to in the report References not used in the report should not be included
- Present information as objectively as possible without attempting to support a specific development outcome
- Provide the scientific and common names of all tree species proposed for planting, including recommendations on the size and quality characteristics of trees to be planted.
A Council officer will review your application and the arborist's information and may check the tree/shrub before making a decision. If the application is accepted a permit will be issued containing conditions. You will be notified if your application is unsuccessful.
No. You would be in breach of the NSW Environmental Planning and Assessment Act 1979. You are required to submit information about the impact of your development on the existing trees with your main development proposal.
City of Newcastle does not process Part A permit applications for tree removal in relation to development. See Section 4.0 of the Newcastle Urban Forest Technical Manual for Arborist report requirements to support development applications.
No. All cuttings and/or mulch should be disposed of appropriately. Tipping of these materials on Council land is dumping which can incur penalties or prosecution.
To apply for tree removal on a neighbours property you will need:
- the owners consent
- to submit a Permit Application for Tree Removal to The city of Newcastle for processing.
It is essential that the owner of the land on which the tree is situated signs the Permit Application for Tree Removal.
For information on tree disputes go to the Private Trees page, Trees and Neighbours section.
A native vegetation complex is generally a natural setting of layered vegetation and may or may not include trees or shrubs. Some common examples are coastal heath land, bushland, riparian zones and wetlands. Part C of the Newcastle Urban Forest Technical Manual is to be consulted when dealing with these types of vegetation.
The typical suburban yard with trees, shrubs and planted gardens is not a Native Vegetation Complex.