The short version
The Hills Shire Council protects most trees on private land once they reach a size threshold set out in the council's Development Control Plan. If your tree is above that threshold and isn't on the exempt list, you need approval before removing it, and in many cases before heavy pruning as well. Approval usually comes as a tree permit, or as part of a development application if you're building.
Removing a protected tree without approval is an offence. Penalties for unauthorised tree removal in NSW can run to tens of thousands of dollars for individuals and far more for companies, and councils in Sydney's north-west do prosecute. It isn't worth guessing.
Which trees are protected
Protection is based on size rather than species. The council's controls set a height and trunk circumference above which a tree is “prescribed” and needs a permit to remove or significantly prune. The exact thresholds are in the current Hills DCP, and we check them against your tree when we quote. As a rule of thumb, anything taller than a single-storey house or with a trunk you can't wrap both hands around is likely to be covered.
Native trees and remnant bushland get extra scrutiny. Parts of the Hills sit within listed ecological communities, such as blue gum high forest around West Pennant Hills and Cumberland Plain woodland further west, where removals are assessed more strictly and an arborist report is almost always required.
What's usually exempt
Exemptions change over time, so treat these as the categories to check rather than a promise. The council's current controls typically exempt:
- Trees on a published exempt species list, generally introduced or weedy species such as camphor laurel, privet, cocos palm, rubber tree and some fruit trees.
- Trees within a set distance of an approved dwelling or in-ground pool, measured from the trunk to the wall.
- Trees that are dead, provided this is confirmed by an arborist and documented.
- Minor pruning below a set proportion of the canopy, and removal of deadwood, carried out to the Australian pruning standard.
- Vegetation covered by the NSW 10/50 bushfire clearing entitlement, but only where the property is in a designated entitlement area.
The exact distances, species and percentages are set by the council and are best read straight from the current DCP or confirmed with the council's tree officer. We'll tell you where your tree stands when we quote.
How to apply
- Confirm which council. Castle Hill, Baulkham Hills, Kellyville, Glenhaven, Dural and Kenthurst are in The Hills Shire. Cherrybrook is Hornsby Shire. West Pennant Hills and Winston Hills straddle boundaries; check your rates notice.
- Check the exemptions above. If the tree is clearly exempt, keep evidence (photos, species ID, measurements) in case anyone asks later.
- Lodge a tree application through The Hills Shire Council's online services. You'll need the property details, a site sketch showing the tree, photos, the species if known, and your reasons. Fees apply per application and are listed in the council's current fees and charges.
- Add an arborist report if asked. For large, native or healthy-looking trees, the council often requests an independent report. A clear report from an AQF Level 5 arborist is the single biggest factor in getting a yes.
- Wait for written approval before any work. Approvals usually carry conditions, such as replacement planting, and a validity period.
If you're building or renovating
Tree removal that's part of a development application is assessed within the DA rather than as a separate permit. The DA will normally need an Arboricultural Impact Assessment covering trees on your block and on neighbouring land within the influence of the works. Getting this done early avoids redesigns later.
Emergencies and storm damage
If a tree has failed or is at imminent risk of failing onto a house, car or public area, the council can approve urgent works by phone. Photograph the tree and the damage before anything is moved, and have an arborist document the condition in writing. That paperwork supports both the retrospective approval and your insurance claim. See our storm damage service.
Common questions
Can I remove a tree that's dropping leaves in my pool or gutters?
Leaf drop on its own isn't usually grounds for approval. Councils generally expect a stronger reason: structural damage, disease, or genuine risk. Pruning to reduce overhang is often a better, more approvable option.
My neighbour's tree overhangs my yard. Can I cut it?
You can generally prune growth on your side of the boundary, but tree protection rules still apply to what you cut, and you can't damage the tree's health. Talk to your neighbour first; a joint application is often the smoothest route.
Does the 10/50 bushfire rule let me clear trees without approval?
Only if your property is in a designated 10/50 entitlement area, which you can check with the NSW Rural Fire Service online tool. Even then there are exclusions, including some threatened species and vegetation near waterways. Check before cutting; the entitlement is narrower than most people think.
What if the tree is about to fall?
If a tree poses an imminent risk to life or property, contact the council; they can give urgent approval by phone in genuine emergencies. Photograph everything and get a written assessment from an arborist to support the approval and any insurance claim.
How long does an application take?
Simple applications are often decided within a few weeks. Applications for large native trees, or those needing an arborist report, take longer. Allow a month or more and don't book removal until you have approval in writing.
This guide is general information about how tree controls in The Hills work, current as of September 2026. It isn't legal advice. Rules, fees and exempt species change; always confirm with The Hills Shire Council or the relevant council for your address before removing or pruning a tree.