Trees in the Gosford City Council Area

To preserve and enhance the natural environment, Gosford City Council has a Tree Preservation Order which controls tree pruning and removal of trees.

Gosford City Council's Tree Preservation Order relates to all trees having a height exceeding 3 metres, pursuant to its power under Clause 44 of the City of Gosford Planning Scheme Ordinance and Clause 35 of Interim Development Order No 122.

• No person shall ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree without Council approval.
• Any person who contravenes Council's Tree Preservation Order is liable to prosecution.
• Full copies of the Tree Preservation Order are available from Council's Administration Building, ground floor enquiry counter, 49 Mann Street, Gosford.

Trees on Council Land

If you want to speak to Council about a tree on Council land or in the street, please contact Council on (02) 4325 8222.

Trees on Private Land

You will need to fill in a tree works application form:

• If you want to prune or remove a tree which is over 3m in height.
• If you want to prune or remove a tree which is more than 3m away from a Council approved building such as your house, garage or pool, as measured from the base of the tree to the wall of the approved building. This distance is to be measured one (1) metre above ground level and between the face of the wall and the part of the trunk nearest the building.

An approved building means a building or part of a building which has been approved by Council under the EPA Act or LG Act or has otherwise been lawfully constructed but does not include a) a manufactured home, a moveable dwelling or associated structure or part of a manufactured home, a moveable dwelling or associated structure or b) a temporary structure within the meaning of the LGA or c) a structure included in the list of "exempt development" in the GPSO or IDO 122.

How much does a tree works application cost?

All information concerning tree works application costs are available from Council's fees and charges document.

You don't need to fill in a form:

• If your tree is dead or you want to remove dead branches, as you don't need Council consent.
• If your tree is part of a current Development Application with Council as it will be assessed as part of the DA process.
• If the tree is on Council land or in the street. Contact Council on 4325 8222.
• If you want to prune to 1m under the lines that bring the power from the street into your property.
• If you want to prune branches directly overhanging the roofline of an approved building (in accordance with Australian Standard AS4373).
• If your tree is one of the following species:

What trees won't Council ever give permission to remove or prune

• Trees on land which you do not own or for which you are not the delegated manager. However, you can apply to prune branches from a tree that is overhanging from a neighbour's property, preferably with the neighbour's consent.
• Mangroves - You will need to contact NSW Fisheries.

What happens after I lodge my application:

• Council's Tree Assessment Officer will come out to assess your application, usually within two weeks of the application being received by Council's Tree Assessment Officer.
• A specific date and time for the inspection cannot be arranged in advance, unless determined absolutely essential by the Tree Assessment Officer.
• Council will notify you by mail of the results after inspection.
• Council's Consent Letter must be displayed at the front of the site while the work is being carried out.

What if my application is refused:

• If you wish to appeal Council's decision, you may apply in writing to the General Manager, Gosford City Council, PO Box 21, Gosford, 2250 for reconsideration of your application.
• A detailed Arborist Report and/or Tree Hazard Evaluation should support all appeals.

What can I do about my neighbour's problem tree

• You can apply to Council to prune your neighbour's overhanging tree branches back to your property boundary. We recommend you discuss this with your neighbour before lodging an application. However you can prune branches directly overhanging the roofline of an approved building without Council's consent.
• Council does not become involved in civil disputes between neighbours regarding tree issues.
• Council does not provide advice on who is responsible for pruning or removal and who pays for costs relating to a neighbour's tree.
• Neighbours who cannot resolve their disputes should obtain legal advice as to their rights, or seek the assistance of the Community Justice Centre on 1800 990 777.

What else do I need to know

• Generally consent for removal of a tree will not be given if the complaint relates to leaf fall or enhancement of views.
• Council encourages you to replace each tree removed with an Australian native tree or a tree suitable for the site and location.
• Contact Energy Australia if you have problems with a tree under the street power lines.
• If there is immediate danger to life or property, contact the SES for emergency assistance then Council's Tree Assessment Unit on 4325 8222.
• As Council is unable to recommend someone to prune or remove your tree, we suggest you consult the local phone book or local paper.
• Information provided on a Tree Works Application Form may be obtained under the Freedom of Information Act 1989.
• Only the owner of a tree or the owner's agent can apply for removal of a tree. In the case of retirement villages, relocatable home parks, villas and townhouses, the manager or Body Corporate would need to apply.
• You cannot apply to remove trees with hollows which may be providing habitat for wildlife until you have first arranged with a voluntary wildlife carer such as WIRES or Wildlife ARC for re-location of the wildlife.
• If your tree is listed on Council's Significant Tree Register, you can apply to Council for permission to remove it only under exceptional circumstances. The Register is a list of properties that have been identified as containing trees of local significance and the owners of properties with these trees were consulted by Council before being placed on the Register. Subsequent owners would have been notified when they purchased the property. The significant tree register is available from this website and is also available from Council in hard copy.

How can I find out more

If you have further questions, contact Council's customer service call centre on (02) 4325 8222 during business hours. Customers are advised that Council's Tree Assessment Officers are available between 8.45am and 10.30 am weekdays.