Hornsby council exempt tree list

Hi, I live within Hornsby council and have a tree I'd like to remove. I've had a look at the list of trees not requiring a permit, and one of them is classified as "Fruit and Nut Trees" - All edible fruit and nut trees except native species such as Acmena spp (Lilli Pilli), Syzygium spp (Lilli Pilli) Elaeocarpus spp (Blueberry Ash) or Macadamia spp (Macadamia Tree) exempt trees.

The tree I'd like to remove is a non-native Nyssa sylvatica. It produces fruit. Would this be considered a "fruit and nut tree"?

 

Hornsby council is the most notorious council when it comes to trees. Hopefully this would change now that liberals have a mayor and a majority in recent elections.

How high is the tree? Basically the councils don’t care if the tree height is lower than your roof gutters but if you do end up applying, be ready for inconsistent and time consuming process. There is a dying tree in front of my house which they don’t want to treat or remove but removed two perfectly healthily council trees six doors down the street because they produced too much litter and someone kept calling council to remove the leaf litter from footpath.

 

According to the definition you posted, then it’s exempt - if you are sure that it is that specific breed of tree.

But just give Council a call to be sure if you are in doubt.

 

Ahh thanks. I didn't know Hornsby council had a reputation like that when it came to trees but thanks for the heads up. The tree is pretty high, maybe about 7 metres and definitely higher than my roof gutters. It's slightly outside of the 3m from foundation exemption.

Yup thanks that's probably the safest bet.

 

Safest bet would be to call the tree officer and present your query without identifying your property or just call a couple of arborists and they should be able to give you a clear answer over the phone.

Generally speaking, a 7 meter tree wouldn’t fall under ‘fruit and nuts’ exemption. The only reason fruit trees are exempt is that most fall under 3m height exemption anyways.

 

Is there some official guidance that specifies this? The passage quoted by the OP seemed pretty clear and didn’t mention height at all.

 

Many councils have a list of exempt trees as well as trees which are native to the area.

Winter Hill Tree Farm: Tupelo — Nyssa sylvatica

Gorgeous tree, definitely not a native either.

 

It doesn’t look like a fruit tree though. And the website doesn’t mention fruit.

firsttimebuyer - what fruit does it produce?

 

My neighbour has a rotting date palm tree and Hornsby council has repeatedly refused his applications to remove the tree. A date palm is actually more likely to be classified as 'fruit tree' than Nyssa sylvatica but I think they use the ordinary meaning i.e. if you don't find a tree in the fruit tree section at the local nursery, it's probably not a fruit tree as far as council is concerned.

 

You can't find Froot Loops in the fruit asile either.

 

I rang up Hornsby council today and the lady asked the suburb's tree officer. Unfortunately, the Nyssa Sylvatica doesn't fit into the "fruit and nut" category so I'll have to apply for a permit.

 

Its closer to the sugar.

 

Arborists are a short cut and more favourably considered by council as they share expertise and can use terms that are relevant eg health, roots etc. I had one come to my home and in 10seconds he condemnded it to death. It was gone within the helf hour and the stump the next day. Receipt indicated it was within 3 ? metres of dwelling and indicated the species which wasnt of relevance anyway.

 

So I ended up applying for a removal permit but it got denied due to "no diagnostic evidence" and an assessment that deemed the risk of the tree as acceptable.

I'm planning to appeal this and/or think longer term (years) to have the tree removed. Does any have experience in an appeal process or suggestions on how I may be able to put myself in a good position to have the tree removed?

 

Did you use a arborist or self apply ? Thats normal for DIY applications to be rejected. Its a rookie move. Reapplication is better than appeal.

Appeals will be difficult as council is obliged to follow state laws to preserve trees. Hornsby are tough. I had a client made to not just keep a row of trees but council then ordered them protected and she had to pay to have new civil works (services, gutters and footpaths) hand dug at massive cost as additional clauses for a DA. Removal is a exception so if that fails you wont have a good arguement to mount. Land & Enviro costs may be yours too.

I would be speaking to a licensed arborist about reasons a tree can be removed. Pay them to advise on site. eg Roots, tree, infestation, proximity etc.... DONT use roundup as this makes trees yellow and die a specific way. You can face penalties incl a reinstatement order if council suspect that occurs.