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Which Councils have a 3m rule for trees?

Council Tree Laws in NSW – Which councils have the “3m rule” for trees?

The “3m rule” for trees often refers to a rule within particular council areas that exempts trees within 3m of certain structures. Historically there was a myth that any tree within 3m of a building was sure to cause structural problems to the building. And the engineering standard AS2870 Residential slabs and footings doesn’t help matters – suggesting that trees should not exist within certain distances of buildings (1.5x the height of the tree for some soil types!) This would eradicate most urban trees if we were to implement it in full, and I’m sure that’s not anyone’s preferred outcome, considering the services trees provide to our cities and suburbs.

Current arboricultural understanding is that trees can coexist with buildings. Where problems are identified with trees near buildings, it should first be proven that the tree is actually causing the problem. Other methods of fixing the problem should also be investigated, before interfering with or removing the tree. There is no definite distance from a building that will result in a tree being a problem, or guaranteeing no problems. If you’d like to hear a detailed perspective with a more tree-aware engineering approach, watch this Treenet recording of a presentation by Dr Don Cameron.

So how common is the 3m rule for trees amongst councils in Sydney? Which Councils have a 3m rule for trees? New Leaf has completed a review of tree preservation controls across the Sydney region (in early 2023), and below are the ones that employ a 3m rule, some which have variations of that concept, and those where trees are protected regardless of their distance from structures. Keep in mind that different Councils have different definitions of the structures which may exempt a tree (e.g. dwelling, swimming pool, ancillary structures). You’ll need to check what counts as a structure in your LGA, and where the setback is to be measured from (is it measured from the outside of the trunk, or the centre? Is it measured at ground level or some distance above ground?). A qualified arboriculturist can help you find and understand the tree preservation controls in your area. Contact New Leaf for advice on your tree.

Which Councils have a 3m rule for trees

Can tree removal be approved if the tree is ``protected``?

If trees are in very close proximity to buildings and are shown to be causing problems, a tree permit application will often be approved – tree protection or preservation “orders” are not intended to prevent removal of trees at all costs. Check with an AQF5 Arborist and your council for your situation, or read more about tree preservation controls here on the New Leaf website.
Local Councils with a 3 metre rule:
  • Blacktown City Council
  • Campbelltown City Council
  • City of Canterbury-Bankstown
  • Fairfield City Council
  • Hornsby City Council
  • Ku-ring-gai Council
  • City of Parramatta
  • Penrith City Council
  • Wingecarribee Shire Council
  • Wollondilly Shire Council
Local Councils with a 2 metre rule:
  • Randwick City Council
  • Northern Beaches Council
  • Cumberland City Council
Local Councils with a 4 metre rule:
  • City of Ryde
Local Councils with a 1 metre rule:
  • Inner West Council
Local Councils where trees are protected regardless of distance:
  • Bayside Council (Botany Bay)
  • Bayside Council (Rockdale)
  • Burwood Council
  • Camden Council
  • City of Canada Bay
  • Hunters Hill Council
  • Lane Cove Council
  • Liverpool City Council
  • Mosman Council
  • North Sydney Council
  • Strathfield Council
  • Sutherland Shire Council
  • Waverley Council
  • Willoughby City Council
  • Wollondilly Shire Council
  • Woollahra Municipal Council

The information in this article was correct as at early 2023, but has been written for general information purposes only. Current rules and laws regarding trees in your area must be confirmed with your local Council.

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Outside the Building Footprint: Tree Impacts from Ancillary Features – for Architects, Designers & Engineers
Jacki Brown
Jacki Brown is the founder and director of New Leaf Arboriculture, and for over 10 years has been helping home owners, building and development professionals, and government bodies to manage trees to maximise their health and contributions to our communities and environment.

Council Tree Laws in NSW – Which councils have the “3m rule” for trees?

The “3m rule” for trees often refers to a rule within particular council areas that exempts trees within 3m of certain structures. Historically there was a myth that any tree within 3m of a building was sure to cause structural problems to the building. And the engineering standard AS2870 Residential slabs and footings doesn’t help matters – suggesting that trees should not exist within certain distances of buildings (1.5x the height of the tree for some soil types!) This would eradicate most urban trees if we were to implement it in full, and I’m sure that’s not anyone’s preferred outcome, considering the services trees provide to our cities and suburbs.

Current arboricultural understanding is that trees can coexist with buildings. Where problems are identified with trees near buildings, it should first be proven that the tree is actually causing the problem. Other methods of fixing the problem should also be investigated, before interfering with or removing the tree. There is no definite distance from a building that will result in a tree being a problem, or guaranteeing no problems. If you’d like to hear a detailed perspective with a more tree-aware engineering approach, watch this Treenet recording of a presentation by Dr Don Cameron.

So how common is the 3m rule for trees amongst councils in Sydney? Which Councils have a 3m rule for trees? New Leaf has completed a review of tree preservation controls across the Sydney region (in early 2023), and below are the ones that employ a 3m rule, some which have variations of that concept, and those where trees are protected regardless of their distance from structures. Keep in mind that different Councils have different definitions of the structures which may exempt a tree (e.g. dwelling, swimming pool, ancillary structures). You’ll need to check what counts as a structure in your LGA, and where the setback is to be measured from (is it measured from the outside of the trunk, or the centre? Is it measured at ground level or some distance above ground?). A qualified arboriculturist can help you find and understand the tree preservation controls in your area. Contact New Leaf for advice on your tree.

Which Councils have a 3m rule for trees

Can tree removal be approved if the tree is ``protected``?

If trees are in very close proximity to buildings and are shown to be causing problems, a tree permit application will often be approved – tree protection or preservation “orders” are not intended to prevent removal of trees at all costs. Check with an AQF5 Arborist and your council for your situation, or read more about tree preservation controls here on the New Leaf website.
Local Councils with a 3 metre rule:
  • Blacktown City Council
  • Campbelltown City Council
  • City of Canterbury-Bankstown
  • Fairfield City Council
  • Hornsby City Council
  • Ku-ring-gai Council
  • City of Parramatta
  • Penrith City Council
  • Wingecarribee Shire Council
  • Wollondilly Shire Council
Local Councils with a 2 metre rule:
  • Randwick City Council
  • Northern Beaches Council
  • Cumberland City Council
Local Councils with a 4 metre rule:
  • City of Ryde
Local Councils with a 1 metre rule:
  • Inner West Council
Local Councils where trees are protected regardless of distance:
  • Bayside Council (Botany Bay)
  • Bayside Council (Rockdale)
  • Burwood Council
  • Camden Council
  • City of Canada Bay
  • Hunters Hill Council
  • Lane Cove Council
  • Liverpool City Council
  • Mosman Council
  • North Sydney Council
  • Strathfield Council
  • Sutherland Shire Council
  • Waverley Council
  • Willoughby City Council
  • Wollondilly Shire Council
  • Woollahra Municipal Council

The information in this article was correct as at early 2023, but has been written for general information purposes only. Current rules and laws regarding trees in your area must be confirmed with your local Council.