Blayney Shire Council tree removal rules
Everything you need to know before removing or pruning a tree in the Blayney Shire Council area — which trees are protected, the main exemptions, and how to apply for approval. This is the authoritative summary we keep for this council; always confirm against the official source linked below.
Legal basis: State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch. 2 (Vegetation in Non-Rural Areas) + each council's Development Control Plan (DCP).
Compiled from the council's published rules and cross-checked. Always confirm with the council.
Which trees are protected in Blayney Shire Council?
Blayney Shire Council generally does not require council approval to remove trees on private property — its tree controls don't apply to private land. Other laws (native vegetation, heritage, threatened species) may still apply, so confirm with the council.
Blayney Shire Council has NOT prescribed any specific trees under Clause 5.9 of the Local Environmental Plan 2012. The Development Control Plan 2026 (Parts A–G) contains no prescribed tree list or numeric thresholds for private-land tree removal. Tree protection under Clause 5.9 is discretionary by council—trees are only protected if the property is mapped as a Heritage Item (Part G, DCP 2026). Native vegetation on private land is controlled under the Biodiversity Conservation Act (Part F, DCP), which bases protection on clearing area thresholds, not individual tree size. Street trees on public land are managed separately under the Street Tree Policy (2023). Effectively, Blayney Shire Council does NOT control tree removal on private land unless the property is heritage-listed.
When you may not need approval
- Trees on private land (unless property is heritage-listed)
- Public/street trees managed by council separately
How to apply
Clause 5.9 of BLEP 2012 allows council to prescribe protected trees, but Blayney has not exercised this power except for heritage items. For heritage properties, approval required from Council Planning Department before tree removal/trimming. For native vegetation clearing above biodiversity offset scheme threshold, BDAR (Biodiversity Development Assessment Report) required.
Other rules that can override the above
- RFS 10/50 Vegetation Clearing scheme — in a designated bush-fire area you may be able to clear trees within 10m of your home (and underlying vegetation within 50m) without council approval. Check eligibility with the NSW RFS online tool; it does not override threatened-species or federal law.
- Heritage items and heritage conservation areas — trees are usually protected regardless of size and most exemptions fall away.
- Threatened species, endangered ecological communities and Aboriginal places — exemptions generally do not apply.
- Federal EPBC Act — separate Commonwealth approval can be required if removal would significantly impact a nationally listed species or community.
Do I need a permit in Blayney Shire Council?
Fill in the tree details and we'll estimate whether you likely need council approval.