A tree on your private land is not always “yours to remove”. In many NSW council areas, trees, native vegetation, heritage-listed trees and bushland can be protected under local development control plans, biodiversity rules or development consent conditions.
This issue returned to public attention after ABC reported that Sydney property developer Amir Abu Abara had illegally cleared hundreds of native trees on a 7.4-hectare Barden Ridge site and was fined $70,000, while later lodging plans for a $10 million mansion and further vegetation clearing.
For landlords, investors and developers, the lesson is clear: tree removal is not just a landscaping decision. It can affect legal compliance, council approvals, resale perception, neighbour relations, development potential and the long-term value of the property.
1. Private land does not mean unrestricted clearing
In NSW, many councils require owners to check whether a tree is protected before pruning or removing it. The City of Sydney, for example, advises property owners to check whether a tree is a heritage item or protected under the development control plan, because this determines whether a permit or development consent is required.
For landlords, this is especially important because rental property decisions are often delegated to property managers, gardeners, handymen or contractors. If a contractor removes a protected tree without approval, the property owner may still face consequences.
Before removing trees or substantial plants, landlords should ask:
Is the tree protected under council rules?
Is the property heritage-listed or in a conservation area?
Is the tree native vegetation or part of a biodiversity-sensitive area?
Is the removal linked to a development application?
Are there conditions requiring replacement planting?
Could neighbours object due to privacy, shade, amenity or stormwater impact?
2. Approval may be needed even for pruning
Many owners assume approval is only needed to cut down a whole tree. That is not always correct. In some areas, significant pruning can also require approval, especially if the tree is protected, mature, native, on heritage land or environmentally significant.
The City of Sydney notes that if a tree permit is granted, it may include conditions that must be followed. Tree works must also be carried out by a qualified arborist with at least AQF Level 3 in arboriculture, and pruning must follow Australian Standard 4373–2007.
For investors, the practical point is simple: do not treat tree works as a casual maintenance job. Treat them like compliance-sensitive works.
3. Replacement planting may be required
Even where approval is granted, councils may require replacement planting. The City of Sydney states that most tree removal permits include a replacement planting condition to minimise canopy cover loss, with the permit specifying requirements such as tree size and mature height.
This matters because replacement planting can affect landscaping budgets, development plans, maintenance obligations and future amenity. For landlords, replacement planting may also improve rental appeal by restoring shade, privacy and street presentation.
4. Illegal clearing can damage more than the landscape
The cost of illegal clearing is not limited to fines. It can create:
Council enforcement action
Development application delays
Mandatory remediation orders
Neighbour complaints
Reputational damage
Reduced streetscape appeal
Loss of shade and privacy
Higher heat exposure around the dwelling
Lower buyer confidence during resale
In a market where buyers increasingly value established greenery, privacy and liveability, reckless clearing can weaken the emotional appeal of a property.
5. What landlords should do before cutting trees or plants
A safe process should include:
- Check your local council’s tree management rules.
- Search the property for heritage, conservation or biodiversity controls.
- Engage a qualified arborist before major pruning or removal.
- Take dated photos before any work begins.
- Keep written advice, permits and contractor invoices.
- Notify tenants if access or amenity will be affected.
- Avoid clearing before lodging or during assessment of a development application unless approval is clear.
- Consider replacement planting as part of a long-term asset strategy.
6. Why this matters for investors
Trees are not just environmental assets. They can be property assets.
Established landscaping can support street appeal, privacy, cooling, tenant satisfaction and buyer emotion. In family suburbs, mature trees can make a home feel settled and premium. In higher-density locations, greenery can soften built form and improve liveability.
For investors, the right question is not “Can I remove it?” The better question is: “Will removing it improve or reduce the long-term value of this property?”
Smart property ownership is not only about buying well. It is also about managing the asset responsibly. Before cutting trees or clearing vegetation, landlords should slow down, check the rules and document the decision properly. A rushed landscaping decision today can become a compliance problem, resale issue or development obstacle tomorrow.
Disclaimer:
This article is general information only and is not legal, planning, environmental, tax or financial advice. Tree removal rules vary by council, zoning, heritage status, development controls and property circumstances. Property owners should seek advice from their local council, qualified arborist, town planner, solicitor or relevant professional before removing or pruning trees or vegetation.
Sources:
ABC News — Sydney developer illegally cut down native trees and lodged new mansion plans.
City of Sydney — Apply for tree removal and pruning rules.
NSW Government — Native vegetation land management and allowable activities.
Northern Beaches Council — Trees and vegetation on private land.
