Pruning Trees and Overhanging Branches

Pruning Trees I Overhanging Branches I Remember I

Pruning Trees

Council requires you to prune trees in accordance with the Australian Standard*:

• Trees should be pruned to maintain their natural habit
• When pruning a tree, as little as possible should be removed
• Consideration should be given to the species, health, age, condition and location of the tree as well as the reason for pruning, location of the foliage to be removed and size of cuts
• Care should be taken to avoid excessive pruning
• All pruning should allow for natural distribution of foliage and weight
• Lopping or topping (the cutting of branches or stems between branch unions that is, mid branch or at internodes of young trees) is an undesirable practice for the following reasons:-
  a) It increases the rate of shoot production and elongation
  b) The resulting re-growth is weakly attached and becomes prone to failure or collapse
  c) The stubs may decay
  d) The natural habit of the tree is destroyed
  e) It may reduce the life span of the tree
  f) It predisposes trees to fungal infections and insect attack

For branch removal the final cut shall be made as close as possible to the branch collar without cutting into the branch collar or leaving a protruding stub.

*Source: AS4373 (2007) Pruning of Amenity Trees

Overhanging Branches

You can prune the branches of a neighbour's tree without Council's consent only if:

• The branches are overhanging your property
  and
• The overhanging branches have a girth (circumference) of 200 mm or less (32mm/1.25 inches in diameter) at your property boundary

Pruning must occur on your side of the boundary only, and any pruned branches must be returned to your neighbour.

Remember

• Council consent is required to prune overhanging branches where the girth of the branch is greater than 200mm.
• Council consent is required to prune the overhanging branches of your neighbour's tree if the tree is a heritage item, is in the vicinity of a heritage item or is within a heritage conservation area.
• It is not the role of Council to intervene in neighbourhood disputes regarding trees. Conflicts may be resolved through the Community Justice Centre's Dispute Resolution Services (phone 1800 671 964).
  
• Where attempts for mediation between the parties have failed, the opportunity exists for an owner of land to apply to the NSW Land and Environment Court, under the provisions of the Tree (Disputes Between Neighbours) Act 2006 (The Act), for an order to remedy, restrain or prevent damage to the owner’s property, or to prevent injury, as a consequence of a tree situated on adjoining land.
• The Act does not apply to Council owned trees, or private trees which may block sunlight or views. The NSW Land and Environment Court has recently adopted the following tree dispute principle: the dropping of leaves, flowers, fruit, seeds or small elements of deadwood by urban trees ordinarily will not provide the basis for ordering removal of or intervention with an urban tree.

Where the court is satisfied that the tree, which is the subject of the application has caused, is causing, or is likely to cause damage in the near future or poses a risk of injury to a person, the court has jurisdiction to make a range of orders. These orders are designed to remedy or prevent damage, or prevent injury to a person, and may involve the trimming or removal of the tree, installation of root barriers and other such action.