1. Measure & note
   Trunk width at chest height, approximate height, and distance to buildings/pool/fences.
   
2. Open your council’s planning map
   Search “(your council) planning map” and check for overlays: VPO/ESO/Heritage/BMO (names vary).
   If an overlay applies, assume approval is needed.
   
3. Check species
   If protected/significant in your LGA, assume approval is needed.
   
4. Assess condition
   If clearly dead, failing or dangerous, you may be exempt - document it (photos + arborist note).
   
5. Still unsure?
   Stop work and get advice/an arborist report. Cheaper than fines or delays.
   
   

Rule of thumb: if overlays or protection lists show up, get an arborist report before touching the tree.

It might be your land, but that doesn’t always mean you can remove a tree without permission. 

Most local councils have strict vegetation controls in place to protect urban canopy, biodiversity, and the overall character of the area. These rules apply just as much to private homeowners as they do to developers.

But permits aren’t just red tape. They’re part of a broader effort to:

• Preserve mature trees that provide habitat, shade, and erosion control
  
• Maintain consistent streetscapes and green corridors
  
• Prevent over-clearing in urban and semi-rural zones
  
  

What catches many people off guard is that these regulations are often tied to planning overlays, meaning you may need approval even for trees that seem unremarkable.

Ignoring the permit process can lead to hefty fines, legal disputes, or even delays to your renovation or development plans, making a professional arborist report essential to save time, money, and stress down the line.

There are scenarios where councils typically allow tree removal without a permit, provided documentation is in order:

• The tree is confirmed to be dead or dying
  
• It poses a direct safety risk to buildings, people, or infrastructure
  
• It’s located within 3 metres of an existing dwelling or pool (varies by council)
  
• It belongs to a declared weed species or invasive plant list
  
  

Spotting the warning signs of tree decline early can help you get ahead of the permit process or request emergency removal if needed.

That said, many councils still require evidence from a qualified arborist before granting an exemption.

Here’s where things often get tricky: even if a tree seems harmless, it could be protected just because of where it’s growing.

Our team frequently consults on sites affected by:

• Vegetation Protection Overlays (VPOs): Common in suburban areas with established canopy coverage
  
• Environmental Significance Overlays (ESOs): Often applied near watercourses, reserves, or ecologically sensitive areas
  
• Heritage Overlays: Protect historically important landscapes, even when trees are located on private land
  
• Bushfire Management Overlays (BMOs): Require a nuanced balance between fire risk mitigation and vegetation retention
  
  

If your site falls under one of these, your council is going to need solid, site-specific evidence, and that’s where our tailored arborist reports come in.

Short answer: don’t.

Removing a tree without approval can result in:

• Fines of up to $110,000
  
• Retrospective action from the council, including replanting orders
  
• Delays to your development approval or subdivision certification
  
• Legal challenges or permit withdrawal
  
  

We’ve helped plenty of clients clean up the mess after an unauthorised removal. It’s expensive, time-consuming and far easier to get it right from the start.

You might think “a little trim won’t hurt”, but that’s not always how councils see it.

In many areas, pruning falls under regulation if it affects the tree’s health, structure, or growth. It’s not about what you’re doing, it’s about how much you’re taking off.

Here’s a quick guide:



In other words, pruning that alters the tree’s natural form, compromises its ability to thrive, or increases the risk of failure is often treated similarly to removal under planning law.

When assessing whether pruning requires approval, councils typically consider:

• The purpose of the pruning (safety, clearance, solar access, view enhancement, etc.)
  
• The species and retention value of the tree
  
• Whether the pruning is part of a development application
  
• The location of the cuts and their potential to create long-term defects
  
• The cumulative impact if pruning has occurred in previous years
  
  

If pruning is likely to change the tree’s growth habit, reduce canopy coverage significantly, or trigger decline, it’s best to treat it as a regulated activity.

Imagine you’re planning a townhouse build, and there’s an old gum tree just 2.5 metres from the slab. It looks sickly (sparse canopy, signs of dieback), so removal seems like an easy call.

But here’s what can catch people out:

• The site sits in a Vegetation Protection Overlay (VPO)
  
• The tree species is locally protected
  
• No root zone assessment has been done
  
  

Without proper documentation, removal could trigger delays or fines.

In this case, we’d recommend a non-invasive root investigation and a detailed arborist report. With clear evidence of structural risk and root conflict, council approval is far more likely.

Result?  Tree removal gets approved, and your build stays on track.

• Photos: whole tree, base, canopy defects, proximity to structures
  
• Measurements: trunk width @ chest height, height estimate, distances to buildings/pool
  
• Map evidence: screenshots showing overlays
  
• Damage/risk evidence: cracked paving/pipes, cavities, decay, lean, root upheaval
  
  

Arborist report (AQF L5): TPZ/SRZ to AS 4970, risk analysis (QTRA/TRAQ), clear recommendations

Skip the guesswork. At TMC Reports, our AQF Level 5 consulting arborists will do a free 5-minute council check and tell you….

• If approval is likely
  
• What evidence you’ll need
  
• The fastest path forward
  
  

All we need from you are 3–5 clear photos, the trunk width at chest height, an approximate tree height, its distance to the house, and your address.

Ready to keep your project moving without costly setbacks? 

Get in touch today.

See also:

• Arborist Reports
• Arboricultural Impact Assessment
• Tree Management Plan