Environment

What if I want my neighbour to carry out work on one of their trees?

Council requires permission from the owner of the tree for each application under the Tree Management Order. If a resident wishes to prune limbs from a neighbour’s tree including those that overhang a property, Council will usually give permission only once the owner’s consent has been received. This consent shall take the form of the owner’s signature on the application form or a separate signed letter.

Council has very limited power to compel a neighbour to carry out works to a tree. Residents are advised to consult their neighbours about the problem.

Sometimes a dispute may arise between neighbours about removal or pruning of a tree and who should pay the cost of this work. Council has no authority over neighbour disputes and this is a matter between residents.

If you cannot resolve a dispute amicably, contact the Community Justice Centre, a Chamber Magistrate or your solicitor.

The Trees (Disputes Between Neighbours) Act 2006, has been enacted to give the Land and Environment Court jurisdiction to make Orders to remedy, restrain or prevent damage to property or to prevent injury to any person caused by a tree on adjoining private property.

For information on how to make an application to the Land and Environment Court, refer to Tree Dispute Information.