The fees to lodge with council are not charged by Above All Tree Services. They are paid directly to Bayside Council. Prices were last checked on . We have done our best to keep these current and accurate, but you should always refer to the council's website to confirm pricing.
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Council tree rules · checked 30 September 2026
Bayside tree removal rules
Checked against Bayside Council's own documents on · Council: 1300 581 299
In Bayside you need a council permit before you prune or remove a tree on your property unless it is no higher than 3 m and its trunk is no more than 300 mm wide, it is a fruit tree, or it is on the DCP's exempt species list. Permit applications can be lodged online or at a service centre, with a fee of $125.50Council fee for 1–3 trees. One set of rules (Bayside DCP 2022) now applies across both the former Rockdale and former Botany Bay council areas.
The checker
Do I need approval to remove my tree?
Bayside's rules as a map. Answer each question and it follows your path to the answer. It's a guide: if you're unsure, ask council or ask us.
Is the tree on your own private property (not the nature strip, a park or reserve)?
Council's tree — don't touch it
Trees on nature strips, parks and public places belong to Bayside Council. Report it online or call 1300 581 299. Power line issues go to Ausgrid on 13 13 88.
Is the property a heritage item, in a Heritage Conservation Area, or is the tree on a Significant Tree List?
Heritage — you will probably need a DA
Tree work on a heritage item or in a Heritage Conservation Area needs development consent, except minor pruning that won't affect heritage significance (tree permit). The exempt species list does not apply. Contact council before any work.
Is the tree higher than 3 m or its trunk wider than 300 mm?
No permit needed
This work is exempt under Bayside DCP 2022. Keep photos and records showing the tree was exempt. State rules on native animals and threatened species still apply.
Is it a fruit tree or on the DCP Appendix 3 exempt species list (within any height limit shown)?
No permit needed
This work is exempt under Bayside DCP 2022. Keep photos and records showing the tree was exempt. State rules on native animals and threatened species still apply.
Has a qualified arborist found the tree dead, dying, or a risk to life or property?
Get it in writing from an AQF5 arborist first
The DCP says consent is not required for a dead or dying tree (as determined by a qualified arborist) or one that is a risk to life or property, but you must document it. If you apply to council instead, an AQF5 arborist report is required. Call 1300 581 299 if unsure.
Are you only pruning an established hedge or removing dead palm fronds and fruit?
No permit needed
This work is exempt under Bayside DCP 2022. Keep photos and records showing the tree was exempt. State rules on native animals and threatened species still apply.
Apply for a tree permit
Lodge online or at a customer service centre with a site plan and the fee ($125.50Council fee for 1–3 trees). Replacement planting (usually 2:1) will be a condition of approval.
How to apply on the Bayside website · Need an arborist report?
Size matters
How big is "protected" in Bayside?
- Height: higher than 3 m needs a permit
- Trunk: wider than 300 mm at 1.4 m above ground needs a permit (Trees page says 1 m)
You need approval to…
- Pruning or removing any tree on private land that is higher than 3 m, or has a trunk wider than 300 mm, unless it is a fruit tree or on the exempt species list.
- Council's DCP says a person must not clear, prune or remove vegetation without a permit or development consent, except as allowed by SEPP (Biodiversity and Conservation) 2021 Chapter 2 or the DCP.
- Trees in a Heritage Conservation Area or on a heritage item need development consent (a DA), except minor pruning that will not affect heritage significance, which needs a tree permit.
- Pruning a neighbour's tree may need a permit (council sends any approval to the tree's owner).
- Tree work on common property in a villa or unit complex needs a permit plus written strata consent.
Usually no approval needed for…
- A tree no higher than 3 m and no more than 300 mm wide at a height of 1.4 m above the ground (council's Trees page says 1 m).
- Fruit trees, including but not limited to berry fruit, cacti, citrus, melons, plantation fruits, pome fruit, stone fruit and tropical fruit.
- Trees on the Bayside DCP 2022 Appendix 3 Exempt Tree Species List (not in a Heritage Conservation Area, on a heritage item site, or on a Significant Tree List).
- DCP C5 — consent is not required when the tree is dying or dead (as determined by a qualified arborist).
- DCP C5 — consent is not required for vegetation that is a risk to human life or property.
- DCP C5 — pruning of an established hedge.
- DCP C5 — removal of dead fronds and fruit off palm trees.
- DCP C5 — council works.
- All exempt works must be documented to show due process was followed and the tree was exempt.
Bayside's exempt species list (15 entries): trees you can usually remove without a permit
- Tree of heaven (Ailanthus altissima)
- Bamboo (Bambusa spp, Phyllostachys spp and others)
- Camphor laurel (Cinnamomum camphora), only trees under 5 m high
- Lemon, orange, mandarin (Citrus spp)
- Cotoneaster (Cotoneaster spp)
- Coral tree (Erythrina crista-galli), only trees under 5 m high
- Rubber tree (Ficus elastica)
- Mulberry (Morus alba)
- Oleander (Nerium oleander)
- African olive (Olea europaea subsp cuspidata)
- European olive (Olea europaea)
- Peach, plum, apricot, cherry (Prunus spp), fruiting species only, not ornamental or sterile varieties
- Pear (Pyrus spp), fruiting species only, not ornamental or sterile varieties
- Umbrella tree (Schefflera actinophylla)
- Queen palm / cocos palm (Syagrus romanzoffiana), only palms less than 5 m
Exemptions usually don't apply on heritage properties. Not sure what your tree is? Send us a photo.
Step by step
How to apply in Bayside.
From checking the rules to planting the replacement tree.
Check whether your tree needs a permit
Measure it. If it is no higher than 3 m and its trunk is no more than 300 mm wide, or it is a fruit tree or on the DCP Appendix 3 exempt list (and not heritage-affected), you do not need a permit.
Check for heritage or development
If the property is a heritage item or in a Heritage Conservation Area, removal needs a DA. If the work is part of a DA or complying development, ask customer service whether a separate permit is needed.
Prepare a site plan
Draw a simple plan (hand drawn is fine) showing each tree, numbered, and the outlines of nearby buildings. List details for more than 3 trees. Get strata consent if it is common property.
Get an arborist report if required
An AQF Level 5 arborist report is required for dead, dying or dangerous tree removals and for 10 or more trees.
Lodge the application and pay
Apply online through council's ePathway portal, email CS.applications@bayside.nsw.gov.au, post to PO Box 21 Rockdale NSW 2216, or lodge at the Rockdale or Eastgardens customer service centre. Pay the fee ($125.50Council fee for 1–3 trees).
Council inspects and decides
A Tree Management Officer inspects the tree. You may be contacted for more information.
Do only the approved work and replant
Carry out only the work in the permit and plant the required replacement trees on your property.
Request a review if refused
Ask the Manager of Parks & Open Space to review the decision ($288.50Council fee) with new evidence, such as an AQF5 arborist or structural engineer report.
Council fees paid to Bayside Council, not to Above All Tree Services
| Council fee for | Council fee | Notes |
|---|---|---|
| Tree inspection — 1 to 3 trees | $125.50Council fee | Non-refundable, paid at lodgement (2026/27 form). Card payments incur a 0.5% service fee. |
| Tree inspection — 4 to 10 trees | $254.00Council fee | |
| Tree inspection — more than 10 trees | $412Council fee admin fee plus a quoted cost | An AQF5 arborist tree plan with numbered trees is required; council issues a quote before assessment. |
| Review of Tree Management Officer determination | $288.50Council fee | Reviewed by council's Manager of Parks & Open Space; must include new information. |
Processing: Not stated on council's pages.
The details
Everything else you should know.
The situations that trip people up, from Bayside council's own rules.
Pruning
Without a permit you may prune an established hedge, remove dead fronds and fruit from palms, and prune exempt species, fruit trees or trees under the size threshold. Other pruning of a protected tree needs a permit. Council considers permits on merit for things like clearance for vehicles and pedestrians, a 2 m clearance from buildings, removing dead, diseased or defective branches, and pruning a neighbour's tree back to the fence line. Council will not generally support pruning to improve views, for solar panels, to reduce leaf, fruit or sap drop, or for seasonal allergies, and will not support "topping" that does not meet Australian Standards.
Dead or dangerous trees
The DCP (3.8.1 C5) says consent is not required when a tree is dying or dead as determined by a qualified arborist, or where vegetation is a risk to human life or property, but the work must be documented to show it was exempt. If you instead apply to council to remove a dying, dead or dangerous tree, council's application page says you must attach a report from an arborist with a minimum AQF Level 5. Given the fine risk, get the AQF5 arborist report in writing before any work and keep it.
Arborist reports
An arborist report from a qualified, experienced arborist with a minimum AQF Level 5 is required when applying to remove a tree that is dying, dead or dangerous, or when applying to remove 10 or more trees. For development applications, an AQF5 report is also required for heritage trees, locally significant trees, trees within 5 m of proposed development, or where council asks. Structural engineer or licensed plumber reports may be required for claimed damage to pipes, fences or structures.
Replacement planting
If removal is approved, replacement trees must be planted on the property; council sets the pot size and number. The DCP's on-site ratios for a tree-only application are 2:1 (two new trees per tree removed), or 1:1 where removal is due to safety or risk to infrastructure. Higher ratios apply to development (2:1 alterations, 3:1 new house or dual occupancy, 5:1 medium density, 8:1 high density). Off-site replacement by monetary contribution is only by council agreement.
Bushfire and the 10/50 rule
Neither council's tree pages nor the Bayside DCP 2022 mention bushfire prone land or the 10/50 scheme. Bayside is a largely urban, coastal area; check your address with the RFS 10/50 online tool if you are near bushland.
Heritage properties
Tree work in a Heritage Conservation Area or on a heritage item needs a development application, except minor pruning that will not affect heritage significance or amenity, which needs only a tree permit. The exempt species list does not apply in Heritage Conservation Areas, on land containing a heritage item, or to trees on a Significant Tree List. New Heritage Conservation Areas were added at Bardwell Valley, Banksia, Brighton-Le-Sands and the Ocean View Estate, Bexley (DCP Amendment No. 1).
Your neighbour's tree
You may lodge an application for inspection of a neighbour's tree, but council will send any approval for work to the tree's owner. Council recommends talking to your neighbour first. Council does not act or mediate in neighbour tree disputes; it refers people to Legal Aid NSW and the Community Justice Centre, and then the Land and Environment Court under the Trees (Disputes between Neighbours) Act 2006.
Street and park trees
Do not prune or tend to trees on council land yourself. Report them online (Report it), call 1300 581 299 or visit a customer service centre. Council prunes public trees only where they fail clearance standards (2.5 m over footpaths, 4.5 m over the road, branches within 2 m of a property). For public trees touching power lines, contact Ausgrid on 13 13 88. Pruning or removing a public tree is treated as tree vandalism.
Penalties
Council says anyone caught vandalising a tree, which includes pruning or removing a private tree without a permit, can be fined, with fines starting from $3,000 and up to $1 million if the Land and Environment Court deems it severe. The DCP adds that unauthorised work may attract a Penalty Infringement Notice or court action under sections 125 and 126 of the Environmental Planning and Assessment Act 1979, and the court may order replacement trees maintained to maturity.
What's different about Bayside
- Bayside was formed in 2016 from the former Rockdale City and City of Botany Bay councils. Separate Rockdale and Botany tree forms and DCPs have been replaced: Bayside DCP 2022 (in force from 10 April 2023) applies to the whole LGA, with one application form and fee schedule.
- Bayside's permit threshold is higher than many neighbours: trees no higher than 3 m with a trunk no more than 300 mm wide are exempt, as are fruit trees.
- The DCP says a dying or dead tree (as determined by a qualified arborist) or vegetation that is a risk to life or property can be removed without consent, but exempt work must be documented.
- Council's stated fines for tree vandalism, including removing a private tree without a permit, start from $3,000Council fee.
- Land covered by the Cooks Cove precinct SEPP and Port Botany is excluded from the Bayside DCP.
Trees common in Bayside
- Norfolk Island pine (Araucaria heterophylla)
- Cook pine (Araucaria columnaris)
- Moreton Bay fig (Ficus macrophylla)
- Port Jackson fig (Ficus rubiginosa)
- Coast banksia (Banksia integrifolia)
- Swamp mahogany (Eucalyptus robusta)
- Brush box (Lophostemon confertus)
- Sydney red gum (Angophora costata)
Suburbs
26 Bayside suburbs we cover.
Each suburb page has local notes, jobs nearby and a link back here.
Questions
Bayside tree rules: questions.
Do I need council approval to remove a tree in Bayside?
In Bayside you need a council permit before you prune or remove a tree on your property unless it is no higher than 3 m and its trunk is no more than 300 mm wide, it is a fruit tree, or it is on the DCP's exempt species list. Permit applications can be lodged online or at a service centre, with a fee of $125.50Council fee for 1–3 trees. One set of rules (Bayside DCP 2022) now applies across both the former Rockdale and former Botany Bay council areas.
Can I prune a tree without a permit in Bayside?
Without a permit you may prune an established hedge, remove dead fronds and fruit from palms, and prune exempt species, fruit trees or trees under the size threshold. Other pruning of a protected tree needs a permit. Council considers permits on merit for things like clearance for vehicles and pedestrians, a 2 m clearance from buildings, removing dead, diseased or defective branches, and pruning a neighbour's tree back to the fence line. Council will not generally support pruning to improve views, for solar panels, to reduce leaf, fruit or sap drop, or for seasonal allergies, and will not support "topping" that does not meet Australian Standards.
How much does a tree permit cost in Bayside?
This is a council fee, paid to Bayside Council, not to us. Tree inspection — 1 to 3 trees: $125.50Council fee (Non-refundable, paid at lodgement (2026/27 form). Card payments incur a 0.5% service fee.). Other council fees are listed on this page.
Can I remove a dead or dangerous tree in Bayside?
The DCP (3.8.1 C5) says consent is not required when a tree is dying or dead as determined by a qualified arborist, or where vegetation is a risk to human life or property, but the work must be documented to show it was exempt. If you instead apply to council to remove a dying, dead or dangerous tree, council's application page says you must attach a report from an arborist with a minimum AQF Level 5. Given the fine risk, get the AQF5 arborist report in writing before any work and keep it.
Can I prune or remove the street tree outside my house?
Do not prune or tend to trees on council land yourself. Report them online (Report it), call 1300 581 299 or visit a customer service centre. Council prunes public trees only where they fail clearance standards (2.5 m over footpaths, 4.5 m over the road, branches within 2 m of a property). For public trees touching power lines, contact Ausgrid on 13 13 88. Pruning or removing a public tree is treated as tree vandalism.
Sources: what Bayside council actually says
“You will not need a permit if the tree is: No higher than 3m and is no more than 300mm wide at a height of 1.4m above the ground”
“A person must not clear, prune or remove vegetation without a permit or development consent granted by Council, except as otherwise stated in SEPP (Conservation and Biodiversity) 2021 – Chapter 2 or this Part.”
“Consent is not required when: a. the tree is dying or dead (as determined by a qualified arborist) ... c. vegetation that is a risk to human life or property”
“A report by a qualified experienced arborist, with a minimum Australian Qualification Framework Level 5, is required as evidence for removal of a tree that is dying, dead or dangerous OR you are applying for removal of 10 more trees.”
Rules come from: Bayside Development Control Plan 2022 (Amendment No. 2, effective 17 April 2026), Section 3.8 Tree Preservation and Vegetation Management (3.8.1 controls C1–C21; 3.8.2 offsets) and Appendix 3 Exempt Tree Species List; read with SEPP (Biodiversity and Conservation) 2021 Chapter 2 and Bayside LEP 2021.
- Trees — Bayside Council
- Pruning or Removing a Tree on Private Property Application — Bayside Council
- Tree Pruning or Removal Guidelines — Bayside Council
- 2026–2027 Tree Consent for Removal or Pruning Application form (PDF)
- Bayside Development Control Plan 2022 — Amendment 2 (PDF), Section 3.8
- Bayside DCP 2022 Appendices (PDF) — Appendix 3 Exempt Tree Species List
- Bayside Landscape Technical Specification (PDF) — plant lists
Checked against Bayside Council's own pages and documents on 30 September 2026. Councils change their rules and fees, usually on 1 July, so confirm with Bayside Council (1300 581 299) before any work. This page is a plain-English guide, not legal advice. Spotted something out of date? Tell us.
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