Frequently Asked Questions That May Assist in Enquiries Regarding TreesWho is the tree owner?
The location of a tree is determined by its trunk attachment to the ground, therefore if the tree is planted on the neighbour's property and overhangs into your property it still belongs to the neighbour.

Can I plant a tree on the footpath outside my property?

Council encourages street tree planting, however certain species of trees are not suitable for certain locations.  Trees are planted within the guidelines of Counicl's Greening Strategy.  For further reference please refer to Council's Street Tree Planting Policy. In addition to this please contact Council for further information.

ICan I submit a TPO application if I'm not the tree owner?
NO.  Council will only accept an application from the property owner where the tree is located.  Where a tree is located on a boundary, both owners are required to submit an application before the application will be accepted.

Can I prune my tree without a TPO application?
In some circumstances Council allows up to 10 % pruning of a tree annually without a TPO application, however this pruning should only involve leaves and/or minor branches.  No structural tree limbs should be removed without approval from Council.

Do I need approval to remove a dead tree?
Yes.  You need to seek approval for the removal of any tree.  Some trees are deciduous (losing their leaves in winter) making them appear dead or unwell and others that are dead provide important habitat for birds, animals and reptiles.

Do I need to submit a TPO application when building a house?
No. Trees and vegetation are considered an important factor when assessing all development proposals, therefore they are to be included in any new development application.  The TPO process is designed for properties that are already developed.

What can I do if I have trouble with a neighbours tree?
Council has no legislative powers to enforce the pruning or removal of a tree located on and affecting private properties.  If you have a problem you need to talk to your neighbour and if they are willing to submit a TPO application Council will assess the tree.  However, if they are unwilling to submit a TPO application Council cannot assist.  Information regarding civil tree disputes can be accessed further via Law link, Land and Environment Court, "Tree Disputes Between Neighbours Act 2006".

What do I do if my tree falls during a storm?
Remember safety first!  Trees that are falling, or have fallen during a storm event should be dealt with by the SES.  If the tree requires assessment after the event, a TPO application needs to be submitted to Council.