2.8 Trees and Landscaping
Part 2 – General Considerations for Development
This section establishes the rules for managing trees and vegetation on both private and public land. Its primary goal is to expand the urban forest – a critical piece of green infrastructure that cools our streets and buildings, improves air quality, supports local biodiversity, and preserves the unique character of the Inner West. It balances the need for new development with the protection of existing trees and canopy cover. It sets clear, quantifiable targets for tree canopy based on site scale and zoning. While this section facilitates the preservation of healthy trees, it also provides a "common sense" approach to urban gardening by listing maintenance tasks and invasive weed removal that can be performed without a permit, encouraging residents to actively manage their own landscapes.
Objectives
Biodiversity and Habitat Protection: To protect and enhance the biodiversity values of trees and vegetation, specifically preserving habitat for threatened species and maintaining ecological corridors within the urban environment.
Climate Resilience and Heat Mitigation: To mitigate the urban heat island effect and maximise the natural storage of carbon by minimising the use of non-permeable, synthetic turf and the like and increasing healthy tree canopy cover and improving soil water retention across the LGA.
Achievement of Canopy Targets: To ensure all development contributes to the achievement of the of Inner West Council (23% tree canopy target) and NSW Government (40% tree canopy target for Greater Sydney) tree canopy targets.
Protection Throughout Development: To ensure the long-term survival of existing trees located both within and adjacent to development sites by mandating strict adherence to Australian Standards for tree protection during construction.
Landscape Character: To provide high-quality landscaping and tree planting that enhances the visual setting of buildings.
Community Amenity and Liveability: To improve the amenity of the Inner West by preserving trees and vegetation that provide shade, privacy, and a high-quality visual setting for the built environment.
High-Performance Green Infrastructure: To support the integration of "living architecture," including green roofs and walls, built to high technical standards to augment ground-level landscaping and improve building performance.
Controls
Deep Soil Zones and Tree Planting Requirements
Retain existing trees by minimising changes to existing ground levels within Notional Root Zones (NRZ), and, where appropriate, confining building footprints to pre-existing building footprints.
Include a landscaped area buffer along all common boundaries with public reserves, drainage corridors, or rail corridors, and new industrial, E3 Zones (Productivity Support), and commercial developments. Buffers are to:
- a)Include continuous screen planting with shrubs and trees.
- b)Screen tall or bulky structures, assist with visual privacy, and provide an environmental buffer.
Provide deep soil zones in accordance with Table 2.8.1.
Table 2.8.1. Requirements for *Deep Soil Zones*
| Deep Soil Zone Requirements | |||
|---|---|---|---|
| Development Type / Land Use | Site area m² | Deep soil zone % | Minimum deep soil zone dimension (m) |
| Dwelling houses, secondary dwelling, semidetached dwelling, dual occupancies and attached dwellings | Up to and including 235 | 15 | 1 |
| > 235 | 20 | 2 | |
| Dwelling houses, secondary dwellings, semidetached, dual occupancy, and attached dwellings in the Haberfield HCA | All lot sizes | 50 | 2 |
| Centre-based childcare facilities in residential zones | 150 – 250 | 10 | 1 |
| > 250 | 15 | ||
| Non-residential uses (excluding centre-based childcare facilities) in R1, R2, R3, and R4 Zones | All lots | No set deep soil zone %. Sites are to meet the tree planting requirements in Table 2.8.2 and ensure the retention of existing deep soil zones where possible. Justification is to be provided where retention is not possible. | 1 |
| Multi dwelling housing | < 1,000 | 15 | 3 |
| 1,000 – 3,000 | 25 | ||
| > 3,000 | 30 | ||
| Residential flat building, build-to-rent, and seniors housing | < 650 | 7 | 3 |
| 650 – 1,500 | 10 | ||
| 1,500 – 3,000 | 20 | 6 | |
| > 3,000 | 25 | ||
| Boarding houses, co-living, group homes, and hostels in R2 Low Density and R3 Medium Density Zones | < 1,000 | 15 | 3 |
| 1,000 – 3,000 | 25 | ||
| > 3,000 | 30 | ||
| Boarding houses, co-living, group homes, and hostels in R4 High Density Residential Zones | < 650 | 7 | 3 |
| 650 – 1,500 | 10 | ||
| 1,500 – 3,000 | 20 | 6 | |
| > 3,000 | 25 | ||
| Shop top housing and non-residential uses in R1, R2, R3, R4, MU1, E1, and E2 Zones | All lots | No set deep soil zone %. Development is to incorporate tree planting where possible. Where ground-level planting is not possible consider trees and vegetation across multiple levels (rooftops, terraces, atriums). If 7 storeys or greater, incorporate a green roof and green wall in the design. | 1 |
| For development types not mentioned in the above categories and in E3, E4 and W4 zones | Less than 1,500 | No set deep soil zone %. Sites are to meet the tree planting requirements in Table 2.8.2 and ensure the retention of existing deep soil zones where possible. Justification is to be provided where retention is not possible. | 3 |
| 1,500 or more | 15 | ||
Notwithstanding C3, applications for alterations and additions, changes of use, and ancillary developments are not required to meet the minimum deep soil zone requirements shown in Table 2.8.1 where there is an existing non-compliance. Instead, where a site is already below the minimum, the existing deep soil zone should be retained without further reduction provided:
- a)The tree canopy on the site area is maintained or enhanced.
- b)The deep soil zone is protected and enhanced.
- c)The development does not have an adverse effect on the quality of the deep soil zones on site.
Design of Green Roofs and Green Walls
Integrate green roofs or green walls into landscaping and building design for residential flat buildings seven storeys or greater.
Design green roofs and green walls to:
Use durable, low-maintenance and environmentally friendly materials
- a)Suit orientation and microclimate conditions
- b)Maximise the use of native and pollinator species
Be accessible for maintenance only
Be set back so maintenance equipment is not visible from public areas
- a)Be consistent with Green roofs, walls and facades - Inner West Council.
- b)Comply with minimum tree planting requirements in Table 2.8.2.
Table 2.8.2. Tree planting requirements
| Lot Size | Tree planting requirements |
|---|---|
| Dwelling houses, secondary dwelling, semi-detached dwelling, dual occupancies and attached dwellings | |
| < 200m² | Minimum of one (1) tree. The tree is to be able to reach a minimum height of 4m and a canopy spread of 3m |
| 200m² – 600m² | One tree for every 200m², or part thereof. All trees are to be able to reach a minimum height of 4m and a canopy spread of 4m, with at least one tree able to reach a minimum height of 8m and a canopy spread of 6m |
| > 600m² | One tree for every 200m², or part thereof. All trees are to be able to reach a minimum height of 8m and a canopy spread of 6m, with at least one tree able to reach a minimum height of 12m and a canopy spread of 8m |
| All multi dwelling housing • Boarding houses, co-living, group homes, and hostels in R2 Low Density and R3 Medium Density Zones | |
| < 1,000m² | One tree for every 200m², or part thereof. All trees are to be able to reach a minimum height of 4m and a canopy spread of 4m, with at least one tree able to reach a minimum height of 8m and a canopy spread of 6m |
| 1,000m² – 3,000m² | One tree for every 200m², or part thereof. All trees are to be able to reach a minimum height of 4m and a canopy spread of 4m, with at least one tree able to reach a minimum height of 8m and a canopy spread of 6m |
| > 3,000m² | One tree for every 200m², or part thereof. All trees are to be able to reach a minimum height of 8m and a spread of 5m, with at least one tree able to reach a minimum height of 12m and a spread of 8m and a canopy spread of 6m |
| Residential flat building, build-to-rent, and seniors housing • Boarding houses, co-living, group homes, and hostels in R4 High Density Residential Zones | |
| < 650m² | Minimum of two (2) trees. The trees are to be able to reach a minimum height of 4m and a canopy spread of 4m |
| 650m² – 1,500m² | One tree for every 350m², or part thereof. All trees are to be able to reach a minimum height of 4m and a canopy spread of 4m, with at least one tree able to reach a minimum height of 8m and a canopy spread of 6m |
| > 1,500m² | One tree for every 350m², or part thereof. All trees are to be able to reach a minimum height of 8m and a canopy spread of 6m, with at least one tree able to reach a minimum height of 12m and a canopy spread of 8m |
| Shop top housing and non-residential uses in R1, R2, R3, R4, MU1, E1, and E2 Zones | |
| All lots | To be assessed on merit depending on: • Site constraints • The provisions of green roofs and green walls. |
| For development types not mentioned in the above categories and in E3, E4 and W4 zones | |
| All lots | One tree for every 400m², or part thereof. All trees are to be able to reach a minimum height of 8m and a canopy spread of 6m, with at least one tree able to reach a minimum height of 12m and a canopy spread of 8m |
Synthetic turf and porous paving
Synthetic turf, porous paving, or the like is not to be located within any deep soil zone or landscaped area and will be classified as non-permeable/hard surfacing, regardless of the manufacturer's drainage specifications.
Vegetation to which this Part applies is declared, for the purposes of Part 2.3 of State Environmental Planning Policy (Biodiversity and Conservation) 2021, to be vegetation to which that Part applies.
Objectives
To establish a coordinated approach to the assessment and management of trees.
To consider the safety of the community, private property, and public infrastructure assets.
To protect trees within and adjacent to development sites and to ensure that all new development provides an opportunity for existing and new trees to grow.
To manage the urban landscape so trees continue to make a significant contribution to its quality, character, and amenity.
To maintain and enhance the amenity of the Inner West Local Government Area through the preservation of appropriate trees and vegetation.
Ensure private property owners' plant new trees and replace trees in order to meet Council's tree canopy targets.
Controls
Determining the Assessment Pathway
The pathway for requesting tree removal depends on the nature of the associated works:
- a)Development Applications (DA): If a tree is to be removed to facilitate a proposed development, the removal is assessed as part of the DA process. A separate Tree Permit is not required, as the tree's impact is weighed against the overall design merit of the project.
- b)Complying Development (CDC): A Tree Works Permit may be submitted to remove a prescribed tree to facilitate works under a Complying Development Certificate.
Works Requiring Council Consent
Prior Council consent (via a Development Application) is required for:
- a)Removal of any tree required to be retained, protected or planted as a condition of a development consent
- b)Removal of any dead or dying tree that is also required to be retained, protected or planted as a condition of a development consent
- c)Works to threatened species habitat, habitat for protected fauna, or land declared as an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016
- d)The pruning of more than 10% of the canopy of a prescribed tree or the pruning of branches with a diameter greater than 100mm when it relates to a tree:
- i.Within a site listed as a heritage item
- ii.Within a site located in a Heritage Conservation Area,
- iii.Listed in the Significant Tree Register
- iv.That is part of an Aboriginal object or place of significance
- e)Removal of prescribed trees located on a property which is listed as a heritage item, located within a Heritage Conservation Area or, is listed in the Significant Tree Register or part of an Aboriginal object or place of significance
Prior Council approval (via A Tree Works Permit) is required for the following activities:
- a)Prune branches with a diameter greater than 100mm.
- b)Prune a prescribed tree by more than 10% of the canopy.
- c)Tree root pruning.
- d)Remove or prune a prescribed tree, except where C11 requires a development application to be submitted or Table 2.8.3 where tree works can occur without prior approval as exempt works.
Exempt Works (No Consent Required)
The following works may be undertaken without prior approval provided the works are undertaken in accordance with Australian Standard 4373 – Pruning of Amenity Trees and any pruning is not to compromise the tree's future health, stability, or form:
- a)Annual pruning of branches < 100mm in diameter, to a maximum of 10% of the total canopy
- b)Lifting to a maximum height of 2.5 metres above ground level
- c)Removal of deadwood that does not contain hollows or provide habitat
- d)Removal of a prescribed tree (not including trees on a Significant Tree Register) located within 1 metre of the external wall face of a residential dwelling (measured from the centre of the trunk at 1.4m height). This exemption does not apply to carports, detached garages, ancillary buildings, outbuildings, footpaths, garden structures, retaining walls, driveways, veranda, porch, deck and fences
- e)Removal of species listed on the Department of Primary Industry – Priority Weeds List of the Greater Sydney (Inner West) or Table 2.8.3 of this section unless the site is listed as a heritage item or located in a heritage conservation area.
Table 2.8.3. Tree Species that can be removed without consent
| Species | Common Names |
|---|---|
| Acer negundo | Box Elder |
| Ailanthus altissima | Tree of Heaven |
| Alnus jorrullensis | Evergreen Alder |
| Bambusa spp. Phyllostachys spp. | Bamboo species |
| Cotoneaster spp. | Cotoneaster |
| Erythrina x sykesii | Coral Tree |
| Gleditsia triacanthos | Honey Locust |
| Lagunaria patersonia | Norfolk Island Hibiscus |
| Ligustrum lucidum | Broad Leaved Privet |
| Ligustrum sinense | Small Leaved Privet |
| Nerium oleander | Oleander |
| Robinia pseudoacacia | False Acacia/Black Locust |
| Salix spp. | Willow |
| Schefflera actinophylla | Umbrella Tree |
| Syagrus romanzoffianum | Cocos Palm |
| Tamarix aphylla | Athel Tree |
| Toxicodendron succedaneum | Rhus Tree |
Although approval to remove the above listed trees is not required, notice of the work is required. The owner of the land where the tree is located is to give Council written notice of the work at least seven days prior to the work commencing.
Technical and Design Standards
All tree works are to be carried out by an arborist with a minimum AQF Level 3 in Arboriculture, as defined by the Australian Qualification Framework, in accordance with Australian Standard AS 4373 and Safe Work Australia Code of Practice Guide to Managing Risks of Tree Trimming and Removal Work 2016.
New buildings and additions to existing buildings are to be designed to ensure the retention of prescribed trees (on-site or adjoining) in accordance with Australian Standard AS 4970 (Protection of trees on development sites).
Any tree approved for removal is to be replaced with an endemic tree (minimum container size 45 litre at time of planting) suitable to the site and which has the potential to reach similar dimensions to the tree removed.
All replacement trees are to be planted in unobstructed deep soil. If on-site replacement is impracticable, a financial contribution to the public tree canopy fund is required. The following factors may be considered:
- a)Existing canopy cover
- b)Existing underground infrastructure
- c)Easement and covenants
Private power poles are to be located outside the Notional Root Zone (NRZ) of any prescribed or public tree. Any encroachment into the NRZ exceeding 10% will require a Root Mapping Report conducted by an AQF Level 5 Arborist using non-destructive excavation (e.g. Air-spade or hydro-vac).
In high-density or mixed-use zones, overhead lines should be relocated underground to protect existing and allow for future canopy trees.
New awnings encroaching on public land are to be designed to accommodate existing or proposed street trees. Awnings are to maintain a minimum horizontal clearance of 2m from the centre of a street tree trunk and 1m from the outer edge of the projected mature canopy.
Application Assessment Principles and Context
The Inner West Council adopts a "retention-first" approach to trees. Tree removal is considered the final option and will only be supported where:
- a)Documented impacts or risks are directly attributed to the tree; and
- b)All feasible or practical avenues to remedy, manage, or reduce those impacts (such as pruning, root barriers, or structural repairs) have been exhausted.
In determining a development application to remove or prune a prescribed tree, Council will consider:
- a)Tree Risk: Significant weight is given to high-risk hazards to people or property. Assessment is to be conducted by an AQF Level 5 Arborist using industry-recognised risk methodology (e.g. VALID, TRAQ or QTRA), focusing on actual hazards rather than perceived risk
- b)Property Damage: Documented evidence of substantial and continuing structural damage to a primary dwelling or essential domestic services (e.g. sewer/water mains) where the tree is the primary cause
- c)Condition and Suitability: The tree's current health, structural integrity, life expectancy, and its long-term suitability for its specific location
- d)Landscape Significance: The tree's contribution to the visual environment, streetscape character, heritage value, or local ecosystem services
To maintain the integrity of the urban forest, tree removal is not justified for the following reasons:
- a)Property Value & Aesthetics: Facilitation of views or "tidiness."
- b)Convenience: Installation of off-street parking, driveways, or solar panels.
Maintenance: Reduction of leaf, flower, fruit, or sap drop (biological "litter" is considered a natural process).
- a)Wildlife Interaction: Mitigation of noise or waste from birds, bats, or other native animals.
Notwithstanding the absence of arboriculturally justification (i.e., the tree is healthy), Council may grant consent for removal or modification where the applicant demonstrates that the tree's ongoing presence results in significant personal hardship that outweighs the broader environmental benefits, and that all reasonable mitigation measures have failed to eliminate or manage the significant personal hardship.