What does Sutherland Shire protect?
The rules sit in section 4 of Chapter 39 of the Sutherland Shire Development Control Plan 2015 (the DCP, council's local planning rulebook). It works under Chapter 2 of the NSW State Environmental Planning Policy (Biodiversity and Conservation) 2021, which our NSW permit page explains.
The DCP covers three things. Any single or multi-trunked tree with a diameter of 100mm or more at 500mm above ground level. Any bushland vegetation of any size, including mangroves and shrubs, that's remnant of or representative of the natural bush. And any tree or riparian (streamside) vegetation within 4 metres of a creek or watercourse.
That trunk test is a low bar: plenty of young garden trees already pass it.
A council permit can't approve clearing of a heritage item, or of an Aboriginal object or place, unless the work is minor. Those go through a development application instead.
Does the three metre rule mean I can just remove it?
No, and this is the part people misread. The DCP says council will permit removal of a tree within three metres of a dwelling or swimming pool. Its own note then says an application must still be submitted and approved before that tree comes down.
The distance runs from the outer face of the house wall, or the edge of the foundation slab, to the trunk at its closest point, 500mm above the ground. Trees near decks, garages, sheds, fences and other outbuildings aren't covered by it.
Council considered extending the rule to proposed dwellings and pools (Draft Amendment 9), but on 25 November 2024 resolved not to proceed.
What to have ready before you apply
- Photos of each tree: the whole tree, and the problem up close
- A rough sketch showing each tree, the house, any pool, fences and any creek
- The trunk measurement, taken 500mm above the ground
- The distance from the trunk to the house wall or pool edge, if that's your reason
- An arborist's report if risk is the issue (from someone with an AQF level 4 or higher qualification in arboriculture)
How to apply in Sutherland Shire
Measure and photograph
Check the trunk at 500mm, and note whether the plant is bushland or within 4 metres of a creek.
Check heritage first
If the property is a heritage item, ask council which approval applies before you lodge anything.
Lodge the tree permit application
Apply through council's online request portal, or on its Tree Permit Application form to prune or remove a tree on private property.
Get the decision in writing
Keep the permit and its conditions. Where a removal is approved with no building work involved, council asks for replacement planting at a ratio of 2:1 on private land.
If the tree looks like it could fall now
Keep people and cars well back. Call 000 if anyone is in danger, or the SES for storm damage to the home. For a tree posing an imminent risk, council describes a SEPP Exempt Imminent Risk Form completed with an arborist, with the photos, videos and form kept for at least two years. Ask council whether it fits before any cut is made.
What happens if a tree is removed without approval?
Council says tree work done without a permit, or outside the exemptions in its DCP, is treated as tree vandalism.
On 20 October 2026 the NSW Government also announced proposed court penalties of up to $500,000 for individuals and $2.5 million for corporations. When we checked on 3 November 2026 they were still proposals, not law.
Sutherland Shire Council tree removal permits: what to do next
We'd measure the trunk at 500mm before anything else, because that single number settles most Sutherland Shire questions. If it's 100mm or more, or the plant is bushland or near a creek, we'd lodge the application first and book the arborist second, even for a tree right beside the house.
Want an arborist to look at it?
Tell us the job and your postcode, and a local arborist calls you to talk it through.