If you are unhappy with Council’s decision regarding your tree, you can appeal it. Council will ask you for supporting information to accompany the appeal, generally in the form of an arborist's report, plumber's report or structural engineer's report. Council will outline the specific report requirements in a refusal letter sent to the applicant. The review of determination will be undertaken by Council's Senior Tree Management Officer.
Application for Review of Determination
In accordance with the State Environmental Planning Policy (Biodiversity and Conservation) 2021, (Biodiversity SEPP) you may, within three (3) months from the date of original determination, appeal to the NSW Land and Environment Court if you are dissatisfied with the Council's determination. Information regarding this process can be found at the NSW Land and Environment Court website. Please seek your own legal advice in this regard.
Requests for the removal of trees for exempt or complying development are assessed under the Tree Preservation Controls. Each tree is assessed on its own merits and the Tree Assessment Officer does not take into consideration any development under the Exempt and Complying Development Code. Council recommends that anyone considering such a development engages a reputable Level 5 Consulting Arborist (AQF5) to advise them regarding the trees.
Trees approved for removal during the Development Application assessment do not require a separate permit under the Tree Preservation Controls for removal. Standard Conditions of Consent include street tree protection including cash bond, tree protection zones with temporary fencing and warning signs, etc.
Request for removal of any tree that is required to be retained as a Condition of Consent as part of an approved DA are not dealt with under the Tree preservation Controls. Such Conditions of Consent may only be changed through the process of a Section 4.55 Application under the EP&A Act.