Yes, but under certain conditions.

Under what conditions?

Development approval is required for the removal of trees which are;

  1. Over three meters in height, or which have a branch spread of three meters or more,
  2. And a trunk diameter of 100mm or more measured at 1.0m.

Exempt trees include;

  • Dead trees
  • Trees that are dangerous as identified by a qualified arborist
  • Fallen trees
  • 10/50 fire clearance in certain areas
tree removal Maitland council man on a tall tree

Can I prune or remove trees on public land?


The council gives room for people to work on trees on council land.

However, various guidelines apply in such cases. You have to make an application to the council and wait for a response.

When making the application you have to answer several questions and provide necessary details.

Here is a link to the Pruning or Removal of Trees on Council Land application form.

You are also required to follow the guidelines on the management of trees on public land as required by the council on the Management of Trees on Public Land Policy.

Follow the link below.

Neighbouring trees

In cases where you have a neighbor’s trees interfering with your property or boundaries, you can gain consent from the owner to work on them.

Then the application will be assessed by the council. In cases where there is a dispute, the Disputes Between Neighbours Act 2006 will be used.

What about fence height guidelines?

The council allows a fence of height not more than 1800mm on the side and rear boundaries of your structure provided it does not extend into your building line.

However, side fences in front of the building line can be of 1200mm maximum.

tree removal Maitland council cutting trees

How to apply for a tree removal permit

Go to the above online form and fill it out to make a formal request for tree removal approval.

Maitland City Council Tree Preservation order - TPO

The above is a summary of your local council’s tree preservation order. Please follow the link for the full document.

Maitland Council contact details

Phone: 02 4934 9700

Mailing Address: 285–287 High Street PO Box 220 Maitland NSW 2320



Author: Ben McInerney is a qualified arborist with over 15 years of industry experience. He uses his in-depth knowledge of the tree service industry to give readers to most accurate information on tree service costs and helps to educate them about the benefits of using a certified arborist for tree trimming and removal work.