Do I need council approval to remove a tree in the Hills?

The short version

In The Hills Shire, every tree on private land is protected, native or exotic, whatever its size, unless an exemption applies. You need the council's consent to remove a tree, to prune more than 10% of its canopy, or to substantially change the soil level within 3 metres of its trunk. Consent comes through a tree management application, or as part of a development application if you're building.

The good news is that the exemptions are generous, and they got wider when the council changed its rules after a run of damaging storms. Trees within 5 metres of your house, small trees of exempt species, fruit trees and priority weeds can generally go without a permit.

Getting it wrong is expensive. The council warns that removing, damaging or lopping a tree without consent carries a maximum fine of up to $1.1 million, and councils in Sydney's north-west do prosecute.

What needs approval

Unless an exemption below applies, you need consent to:

• Remove any tree.
• Prune more than 10% of a tree's overall canopy in a growing season.
• Substantially alter the soil level within 3 metres of a tree's trunk, such as for paving, retaining walls or a pool.

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 exempt

According to the council's tree management fact sheet, you don't need approval for:

• Trees within 5 metres of your house or an approved structure. The dwelling or ancillary structure must exist, must have been approved through a development application or complying development certificate, and must be on the same lot as the tree. Measure from the face of the trunk nearest the building to its external wall or roof line, whichever is closer. This replaced the old 3 metre rule.
• Exempt species under 10 metres tall. The exempt species list covers mostly introduced and weedy trees, including camphor laurel, Monterey cypress, white cedar, several pines, evergreen alder, Lombardy poplar, sweet pittosporum and umbrella tree. An exempt species that's 10 metres or taller still needs approval.
• Priority weeds and fruit trees. Trees listed as priority weeds, and trees grown for their fruit, can be removed without consent.
• Pruning up to 10% of the canopy in a growing season.
• Vegetation covered by the NSW 10/50 bushfire clearing entitlement, but only where the property is in a designated entitlement area.

Exempt work still has to be done properly. The council requires tree work to be carried out by an arborist qualified to at least AQF Level 3, in line with the Australian pruning standard (AS 4373) and Safe Work Australia's guide to tree trimming and removal. Keep photos and measurements showing why the tree was exempt, in case anyone asks later.

Dangerous trees

The council can now consider removing a tree that's over 15 metres tall and could hit and damage a dwelling, even if the tree is healthy. This still goes through a tree management application. A clear arborist report covering the tree's height, lean, defects and what it would hit gives the application its best chance.

How to apply

1. Confirm which council. Castle Hill, Kellyville, Kenthurst and most of Baulkham Hills are in The Hills Shire. Cherrybrook is Hornsby Shire, and North Rocks and Northmead are City of Parramatta, which both have their own rules. Dural, Glenhaven, West Pennant Hills, Winston Hills and Rouse Hill straddle council boundaries; check your rates notice. Each suburb page notes which council covers it.
2. Check the exemptions above. If the tree is clearly exempt, you can go ahead without applying.
3. Lodge a tree management application. You'll need the property details, the owner's signature, photos and the species if known. A fee is charged per tree assessed, with one rate for one to three trees and another for more; the amounts are in the council's current fees and charges.
4. Add an arborist report if asked. For large, native or healthy-looking trees, the council may want an independent report. A clear report from an AQF Level 5 arborist is the single biggest factor in getting a yes.
5. Wait for the decision. The council aims to inspect within 10 working days and then tells you the outcome. Approvals usually carry conditions, such as replacement planting. Don't start work until you have approval in writing.

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. Remember that changing soil levels within 3 metres of a trunk needs consent too, so plan paving, pools and retaining walls around your trees early.

Emergencies and storm damage

If a tree has fallen or is about to fall and anyone is in danger, call 000. For storm damage, call the SES on 132 500. Do only what's needed to make the site safe, and contact the council before any further removal. Photograph the tree and the damage before anything is moved, and have an arborist document its condition in writing; that paperwork supports both the council's approval and your insurance claim. See our storm damage service.

Common questions

This guide summarises The Hills Shire Council's published tree rules as of October 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.