Tree Preservation Order

Tree Preservation Order.jpg

Tree preservation controls are regulatory controls in the Lane Cove Local Government Area with respect to the preservation of trees and vegetation. 

The protection of trees in Lane Cove is regulated under the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP) parts 2.2 and 2.3 which prohibits the clearing of vegetation without the authority conferred by a permit granted by Council. Clearing under the SEPP is defined as: 

(a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or

(b)  lop or otherwise remove a substantial part of the vegetation.

The clearing of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW).

Trees in the Lane Cove Council area are defined as:

  • any woody plant, whether indigenous or exotic, which has a height exceeding 4 metres, a canopy spread greater than 5m or a trunk diameter greater than 150mm (measured at 1 metre above the ground); and
  • trees in bushland which are not subject to an approved plan of management.

A permit to prune live foliage, remove dead foliage or remove a tree entirely requires a Tree Preservation Order application to be submitted to Council for assessment.

Council requires that such pruning works are undertaken by a qualified Arborist necessary and in accordance with Australian Standard AS4373-2007 – Pruning of Amenity Trees

A Fee-Free Tree Works permit is required in respect of any of the following conditions.

  • Any tree less than 4 metres in height, a canopy spread greater than 5m and a trunk diameter less than 150mm (measured at 1 meter above the ground)
  • Pruning of dead branches
  • Pruning of tree branches that are within 2 meters of electric powerlines as required by State Legislation (Further regulations may apply as required by either State legislation or the Electricity Supply Act 1995 No 94)
  • Pruning and reshaping of Cypress Pines (Cupressus spp, Chamaecyparis spp) not greater than 10 % of whole canopy
  • Pruning or removal of any tree that has been declared a State, Regional and Local Priority weed in the Lane Cove local government area under the NSW Biosecurity Act 2015
  • Pruning or removal of any trees on the Fee Free Tree Works Permit page

The refusal by the Council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the Council to grant consent for the carrying out of the activity for which a permit was sought.

This clause does not apply to a tree or other vegetation that the Council is satisfied is dying or dead and is not required as the habitat of native fauna.

This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property.

A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation:-

     a) that is or forms part of a heritage item, or

     b) that is within a heritage conservation area.

Note: As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 5.10 will be applicable to any such consent.

This clause does not apply to or in respect of:-

     a) the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003 or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or

     b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or

     c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the Forestry Act 1916, or

     d) action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying Act 2002, or

     e) plants declared a State, Regional and Local Priority weed in the Lane Cove local government area under the NSW Biosecurity Act 2015 No 24.

Customers can submit an online Private Tree Inspection Application including payment of the inspection fee.

 

 

 

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