An Overlooked Aspect of Buying your Home
Pre-existing trees can be a major hurdle for homeowners planning expansions, like pools or decks. Protected by legislation, these trees often turn simple renovation dreams into complex processes with permits and potential denials. Understanding and planning around tree conservation rules is crucial for anyone looking to buy or renovate property.
Through years of working closely with clients to secure their dream homes, one recurring issue seems to affect clients that are eager to make their mark: trees.
While lush greenery often enhances a property’s charm, pre-existing trees can pose significant challenges for new homeowners wanting to expand. Whether they’re planning a sparkling new pool, an expansive back deck, or other upgrades, these dreams often run headfirst into the legislative protection surrounding tree conservation.
This can turn a simple renovation plan into a complex process involving applications, inspections, and sometimes outright denials. Understanding these regulations and planning around them is essential for anyone considering property purchases or expansions.
Waverley Council
One of my four most sought after localities, Waverley Council area remains stringent in their Tree Preservation Order (TPO). I have highlighted easily identifiable characteristics that determine a tree’s designation.
The following dictates whether a tree plainly cannot be removed, or if the process requires inspection and potential approval: if the tree has a height of three metres or more, or has a canopy spread of three (3) metres or more.
Already it’s very evident why my clients routinely become nervous when buying property with a pre-existing tree.
Furthermore, Waverley Council has a Register of Significant Trees – a must read for myself and my clients prior to purchasing a property – which provides an extensive list of all residential street addresses that contain heritage trees (which cannot be removed). Here’s some examples below:
A rule of thumb I always employ for the area is that Canary Islands Date Palms, Hill’s Weeping Figs, Norfolk Island Pines and Moreton Bay Figs, much like the rest of Sydney, are almost always under heritage protection.
Woollahra Council
Much like Waverley Council, the Woollahra locality is one of my clients most desired areas. The council’s TPO dictates trees on private property only become protected once they’re above five meters in height, or if the crown spread is greater than three meters.
A key distinction however I always raise with my clients looking to purchase in the area is that the Woollahra Councils TPO requires two unique processes to occur when removing a tree. If a tree is exempt from protection, and removal is approved – a ‘Notice of Work’ is required seven business days in advance. Essentially, approval isn’t needed, but notice of work is always necessary to avoid a penalty.
Woollahra Council also sneaks in another clause, one which has given clients troubles in the past – a tree can only be deemed as exempt from protection once a REPLACEMENT guarantee is made. This agreement dictates that another tree is planted where the removed tree was – this replacement must have the potential to reach similar mature dimensions.
Making removal appear rather redunant to both me and eager homebuyers.
As you can understand, this final clause often turns my clients away from the locality – as their once hopeful expansion quickly becomes a headache to complete.
Mosman Council
A harbourside paradise, itself being distinguished by its blend of residential homes and lush greenery, often affects my clients ability to expand within their new home. Mosman Council thankfully has an easily accessible and detailed registry of heritage trees – and contains their corresponding address – making my job easier, and easing my clients’ concerns.
Mosman Council has also placed additional tree species under protection than what is typical of other Sydney localities. Prominent examples which have affected my clients in the past include Plane Trees and Brush-Box trees on Holt Avenue, Wallangra White Gums, and Sydney Red Gum – a more common fixture of properties within the Mosman locality as their proximity to the harbour increases.
A lesser known clause within the Mosman Council TPO is regarding the ‘10/50 Vegetation Clearing Rule’. This rule alone has been responsible for some of my most successful deals, as it states that property owners in designated bushfire-prone areas can clear trees within 10 meters of a home without approval.
This usually acts as a sweet surprise for my clients seeking to remove excess greenery around their home.
North Sydney Council
Within my experience, this locality is a hallmark for first home buyers – and thus those wholly unaware of the hindrance of trees. It’s always a necessity for myself to brief my North Sydney hopeful clients in regards to the council’s TPO. This excess caution is mainly due to one particular clause – as protected and exempt specifications remain almost entirely the same as the aforementioned localities, North Sydney Council uniquely requires the acquisition of a ‘Tree Management Permit’ if development is set to within five meters of ANY tree.
That’s right – any tree – regardless of its exemption or protection. This routinely shocks my clients as their plans might be put in jeopardy.
Becoming aware of locality specific legislation is the first step to ensuring my clients get exactly what they’ve payed for, and by extension – the home they really want. Over my years of experience, I’ve dedicated hours to studying TPO’S closely and securing permits for tree removal.
It’s proven time and again to be a tedious task that should be handled with expertise.
Make Sure Your Renovation Complies with Local Tree Protection Laws
Avoiding expensive fines from your local council requires you to do your homework. Here are a few initial steps to take:
Identify the types of trees on your property
- Knowing the species of trees on your property will help you understand if any local legislation applies to them. While there are numerous books to help you help identify tree species, having an arborist on hand is the easiest and safest way to stay on the right side of the law.
Determine tree protection zone and structural root zone
- An expert arborist’s services are necessary to assess all factors that affect the tree protection zone and structural root zone of significant and canopy trees on your property
Determine and inspect the health of your trees
- Another important role of the arborist is to gauge the health of the trees and document results for the local council to access.
An Overlooked
Aspect of Buying
your Home
Pre-existing trees can be a major hurdle for homeowners planning expansions, like pools or decks. Protected by legislation, these trees often turn simple renovation dreams into complex processes with permits and potential denials. Understanding and planning around tree conservation rules is crucial for anyone looking to buy or renovate property.
Through years of working closely with clients to secure their dream homes, one recurring issue seems to affect clients that are eager to make their mark: trees.
While lush greenery often enhances a property’s charm, pre-existing trees can pose significant challenges for new homeowners wanting to expand. Whether they’re planning a sparkling new pool, an expansive back deck, or other upgrades, these dreams often run headfirst into the legislative protection surrounding tree conservation.
This can turn a simple renovation plan into a complex process involving applications, inspections, and sometimes outright denials. Understanding these regulations and planning around them is essential for anyone considering property purchases or expansions.
Waverley Council
One of my four most sought after localities, Waverley Council area remains stringent in their Tree Preservation Order (TPO). I have highlighted easily identifiable characteristics that determine a tree’s designation.
The following dictates whether a tree plainly cannot be removed, or if the process requires inspection and potential approval: if the tree has a height of three metres or more, or has a canopy spread of three (3) metres or more.
Already it’s very evident why my clients routinely become nervous when buying property with a pre-existing tree.
Furthermore, Waverley Council has a Register of Significant Trees – a must read for myself and my clients prior to purchasing a property – which provides an extensive list of all residential street addresses that contain heritage trees (which cannot be removed). Here’s some examples below:
A rule of thumb I always employ for the area is that Canary Islands Date Palms, Hill’s Weeping Figs, Norfolk Island Pines and Moreton Bay Figs, much like the rest of Sydney, are almost always under heritage protection.
Woollahra Council
Much like Waverley Council, the Woollahra locality is one of my clients most desired areas. The council’s TPO dictates trees on private property only become protected once they’re above five meters in height, or if the crown spread is greater than three meters.
A key distinction however I always raise with my clients looking to purchase in the area is that the Woollahra Councils TPO requires two unique processes to occur when removing a tree. If a tree is exempt from protection, and removal is approved – a ‘Notice of Work’ is required seven business days in advance. Essentially, approval isn’t needed, but notice of work is always necessary to avoid a penalty.
Woollahra Council also sneaks in another clause, one which has given clients troubles in the past – a tree can only be deemed as exempt from protection once a REPLACEMENT guarantee is made. This agreement dictates that another tree is planted where the removed tree was – this replacement must have the potential to reach similar mature dimensions.
Making removal appear rather redunant to both me and eager homebuyers.
As you can understand, this final clause often turns my clients away from the locality – as their once hopeful expansion quickly becomes a headache to complete.
Mosman Council
A harbourside paradise, itself being distinguished by its blend of residential homes and lush greenery, often affects my clients ability to expand within their new home. Mosman Council thankfully has an easily accessible and detailed registry of heritage trees – and contains their corresponding address – making my job easier, and easing my clients’ concerns.
Mosman Council has also placed additional tree species under protection than what is typical of other Sydney localities. Prominent examples which have affected my clients in the past include Plane Trees and Brush-Box trees on Holt Avenue, Wallangra White Gums, and Sydney Red Gum – a more common fixture of properties within the Mosman locality as their proximity to the harbour increases.
A lesser known clause within the Mosman Council TPO is regarding the ‘10/50 Vegetation Clearing Rule’. This rule alone has been responsible for some of my most successful deals, as it states that property owners in designated bushfire-prone areas can clear trees within 10 meters of a home without approval.
This usually acts as a sweet surprise for my clients seeking to remove excess greenery around their home.
North Sydney Council
Within my experience, this locality is a hallmark for first home buyers – and thus those wholly unaware of the hindrance of trees. It’s always a necessity for myself to brief my North Sydney hopeful clients in regards to the council’s TPO. This excess caution is mainly due to one particular clause – as protected and exempt specifications remain almost entirely the same as the aforementioned localities, North Sydney Council uniquely requires the acquisition of a ‘Tree Management Permit’ if development is set to within five meters of ANY tree.
That’s right – any tree – regardless of its exemption or protection. This routinely shocks my clients as their plans might be put in jeopardy.
Becoming aware of locality specific legislation is the first step to ensuring my clients get exactly what they’ve payed for, and by extension – the home they really want. Over my years of experience, I’ve dedicated hours to studying TPO’S closely and securing permits for tree removal.
It’s proven time and again to be a tedious task that should be handled with expertise.
Make Sure Your
Renovation
Complies with Local
Tree Protection
Laws
Avoiding expensive fines from your local council requires you to do your homework. Here are a few initial steps to take:
Identify the types of trees on your property
- Knowing the species of trees on your property will help you understand if any local legislation applies to them. While there are numerous books to help you help identify tree species, having an arborist on hand is the easiest and safest way to stay on the right side of the law.
Determine tree protection zone and structural root zone
- An expert arborist’s services are necessary to assess all factors that affect the tree protection zone and structural root zone of significant and canopy trees on your property
Determine and inspect the health of your trees
- Another important role of the arborist is to gauge the health of the trees and document results for the local council to access.
