Review of tree removal decisions

Procedural review

A request for procedural review of the process undertaken must be lodged within 28 days of the determination date (as per the Local Government Act 1993).

Review of tree permits application

An applicant for a tree permit may appeal to the NSW Land and Environment Court against a refusal by Council to grant the permit. The appeal must be made within three months of the date on the determination.

Review of development application (tree works)

A review of Council's determination under Section 8.2, 8.3, 8.4, 8.5 (formerly Section 82A) of the Environmental Planning and Assessment Act 1979.

An application for review must be made as soon as possible. The provisions of the legislation only allow reviews to be determined within 6 months of the determination of the application you are seeking to have reviewed.

If you do not lodge your application with sufficient time for the assessment and determination within this period, you will be asked to withdraw the application or it will be returned to you.

Please note the following:

• The appeal must be lodged within six months of the date of the determination.
• The appeal must be accompanied by additional information not already provided in support of the application.
• An assessment of the tree by an independent arborist’s report and/or a report from a consulting engineer or other accredited expert as appropriate in support of the application.
• A fee applies to appeals on all previous tree determinations. This fee is currently 50% of the original application fee.

An appeal may be made to the Land and Environment Court of New South Wales within 3 months of the date of determination. Please seek your own legal advice in this regard.