Do I need a permit to remove a tree in the Lake Macquarie City Council area?

Yes, usually — Lake Macquarie City Council requires approval to remove or significantly prune a protected tree under its Development Control Plan, unless an exemption (such as a dead or dangerous tree) applies. Check the details on this page and confirm with the council.

What trees are exempt in Lake Macquarie City Council?

Dead trees not required as habitat Trees in danger of imminent failure with risk to life/property Trees less than 3m height AND less than 75mm trunk diameter Trees within 5m of lawfully used building on same allotment Trees within 1m of sealed driveway on same allotment Trees listed on Significant Tree Register or as Heritage Items are always protected regardless of size

Lake Macquarie City Council tree removal rules

Everything you need to know before removing or pruning a tree in the Lake Macquarie City 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.

Check my tree

Legal basis: State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch. 2 (Vegetation in Non-Rural Areas) + each council's Development Control Plan (DCP).

● Researched· last checked 2026-06-28official source ↗

Compiled from the council's published rules and cross-checked. Always confirm with the council.

Which trees are protected in Lake Macquarie City Council?

Trees about 3m tall or 8cm trunk (diameter at ground level) or larger are generally protected and need approval.

Rule applies to all NSW native vegetation that existed before European Settlement. Development consent IS required if tree is 3m or taller OR 75mm or greater trunk diameter (measured at ground level). Exemption (Control 6) allows removal without consent only if tree is less than 3m height AND less than 75mm diameter. For heritage trees, trees on Significant Tree Register, or where impact is significant, arborist report required. Clause references LMLEP 2014 Clause 5.9. Private land trees are protected.

When you may not need approval

Dead trees not required as habitat
Trees in danger of imminent failure with risk to life/property
Trees less than 3m height AND less than 75mm trunk diameter
Trees within 5m of lawfully used building on same allotment
Trees within 1m of sealed driveway on same allotment
Trees listed on Significant Tree Register or as Heritage Items are always protected regardless of size

How to apply

Development consent required for native trees meeting threshold; exemptions available for dead/hazardous trees or trees within 5m of building

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.

Lake Macquarie City Council tree removal rules

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Which trees are protected in Lake Macquarie City Council?

When you may not need approval

How to apply

Other rules that can override the above

Do I need a permit in Lake Macquarie City Council?

Suburbs in Lake Macquarie City Council