Resources and Information

Tree Lopping, Removal & Preservation

Most people who live in a residential area will not need to apply to Council for a permit to remove a tree or to lop tree limbs from their property for safety purposes, vegetation management or general landscaping.

However, in some situations, approvals may be necessary through Council or other agencies in instances where a property has:

• A listing in the Tasmanian Heritage Register;
• The vegetation is protected either through a provision in the Planning Scheme, for example located in a priority vegetation area;
• Permit conditions exist that prevent or restrict the removal of trees;
• A covenant that prevents or restricts the removal of trees; or
• A Part V Agreement condition that prevents or restricts the removal of trees

Also, it may be necessary to check if the property or part of it is subject to other government legislation or policy provisions; for example Forest Practices Act 1985 or Threatened Species Protection Act 1995.

Historic Cultural Heritage Act 1995

The purpose of the Historic Cultural Heritage Act 1995is to conserve and enhance those elements which contribute to the significance of heritage places, precincts and landscapes. A tree, garden or landscape may be an element that contributes to the heritage significance of the property. In circumstances when vegetation specifically forms part of the heritage value of the land an exemption from the Tasmanian Heritage Council is required to remove vegetation from the land.

Please contact the Tasmanian Heritage Council for further information about obtaining an exemption.

Should the Tasmanian Heritage Council be unable to issue an exemption, a planning permit will be required for the removal of the vegetation.

Natural Assets Code

The purpose of the Natural Assets Code is to protect areas of significant native vegetation and bushland habitat that contribute to important vistas or maintain habitat and corridors for indigenous fauna. Even if the property is covered by the Natural Assets Code there are further exemptions to the requirement to obtain a permit to remove a native tree, for example the removal of dead vegetation and bushfire management. The exemptions are listed in section 6.3 of the Scheme – Vegetation planting, clearing or modification. A development application must be made if the exemptions do not apply.

Other requirements

In some situations it may not be possible to remove a tree even if it is allowed for in the general provisions of the Planning Scheme. This would apply to properties that have:

• Permit conditions that prevent or restrict the removal of trees;
• A covenant that prevents or restricts the removal of trees; or
• A Part V Agreement condition that prevents or restricts the removal of trees

Also, it may be necessary to check if the property or part of it is subject to other government legislation or policy provisions; for example Regional Forest Agreement or Threatened Species Protection Act.

Exotics and non-natives

Exotic or trees that are not native to Australia are not protected under the Planning Scheme unless they have heritage value.

On a neighbour’s property

If you have a concern about a tree or plant growing on a neighbouring property that may be affecting your home or property, in the first instance contact your neighbour regarding your concern. If this does not achieve a satisfactory outcome then you can follow the process outlined in the Neighbourhood Disputes about Plants Act 2017 (the Act) to assist in resolving the dispute.

We will only become involved in the matter if there is significant evidence that the tree is a risk to people using public places, for example dead tree limbs overhanging a footpath or if the plant or tree is a declared weed under the Weed Management Act 1999.

Management of trees on council land

If you consider a tree on council land to be either dangerous, unhealthy or simply in need of some maintenance then please contact Council’s Works Department on 03 6382 8800

The Boundary Fences Act 1908 (the Act) sets out the law in relation to boundary fence contributions and disputes in Tasmania. George Town Council does not become involved in disputes between neighbours regarding boundary fences as this is a civil matter and the Boundary Fences Act 1908 is the mechanism through which this is regulated.

George Town Council will follow its obligations under the Act where a boundary fence adjoins Council property.

The Act does not require Council to contribute to boundary fencing on any Council owned public place. A public place can include roads, footways, public recreation spaces, public open spaces, and public parks, gardens and reserves.

Tasmania Legal Aid provides a useful fact sheet that outlines the responsibilities of each party and the processes to follow for seeking boundary fence contributions:  https://www.legalaid.tas.gov.au/factsheets/boundary-fences/

Each property within the George Town municipality has a zone (being a colour on a map), that determines what use and development may be conducted on that title. Each zone has a list of uses for the land, and the effective planning scheme sets out the primary controls for the use and/or development of that land.

This information outlines if a planning permit is necessary and the matters that the Council must consider before deciding to grant a permit.

Zoning properties within the municipality, ensures that land use conflict is minimised by preventing uses that may otherwise impact one another. For example, the purpose of the General Residential Zone is to encourage residential development and ensure that non-residential development is compatible with the area. Therefore, a large-scale industrial development will not be approved in this zone.

Some parcels have unique characteristics being subject to overlays and further code requirements. The effective planning scheme includes a list of codes that apply in the George Town municipality. A code provides controls and clear pathways for dealing with specific land use issues.

To find out how your land is zoned and whether your land is subject to any overlays, the following resources are available with this information:

PlanBuild Tasmania - https://www.planbuild.tas.gov.au/

Land Information Systems Tasmania (LISTmap) - https://www.thelist.tas.gov.au/app/content/home/

A Planning Permit allows the property owner applicant conduct use or development on the property and is a first step in the development process. Building, plumbing and other permits may be required AFTER a Planning Permit has been issued. Building and plumbing permits ensure that the development satisfies all the relevant legislative standards including (but not limited to) the National Construction Code, Building Code of Australia and Building Act 2016 and any other relevant legislation.

It is strongly recommended that you enquire as to what other approvals you may need when at the very start of your project. Most developments require some form of building approval.

Under the Land Use Planning and Approvals Act 1993, Council is required to work within certain timeframes and it is important that your application is submitted with information that is complete and with detailed plans to avoid unnecessary delays.

Permitted applications are processed within 28 days from the date the application is lodged and becomes valid. If additional information is requested, the 28 day processing time is on hold until the information is received.

Discretionary applications are processed within 42 days from the date the application is lodged and becomes valid. Within 21 days of lodgement, Council may request additional information. Until the information is received, the 42 day processing time is on hold. Advertising of Discretionary applications is undertaken within the 42 day timeframe.

Council will send a notification to all relevant parties within seven (7) days of making a decision. Planning Permits do not become valid until 14 days after notification of Council’s decision. This allows time for any appeals to be lodged.

The costs of an application varies between applications, as the cost of the application is often influenced by the use or development proposed. For a copy of the relevant fees, please see the following link HERE

Please note that fees are reviewed annually. Therefore, the cost of lodging a development application may be subject to change between financial years.

Private Covenants

Legal private covenants on a property, often referred to as restrictive covenants, are rules or conditions that govern aspects such as the use, appearance, and maintenance of property within a community. These covenants can dictate various aspects such as landscaping, architectural style, and permissible types of structures or alterations.

They are typically established by agreed upon by property developers and are legally binding, meaning they "run with the land" and are enforceable on subsequent owners.

Generally, these covenants are listed on a property’s title, with the specifics listed in the Schedule of Easements for the property.

Violations of these covenants can lead to legal action by those part to the covenant.

Part V Agreement

Part V of the Land Use Planning and Approvals Act 1993 allows for agreements that can impose obligations on landowners, such maintaining a bushland area or developing in a certain manner, and are enforceable by the local council.

These agreements are binding to all future owners of the land and are typically utilized to protect environmental values or restrict development on private land. While they are significant, they do not involve the public directly and are of limited relevance to aspects such as planning assessments unless specific provisions within the State Planning Provisions refer to them.

Generally, these agreements are listed on a property’s title, with the specifics listed on a registered dealing against the property.

In certain situations, councils may revoke agreements if the conditions within them have been met of if they are considered by Council to no longer be relevant. This process ensures that regulations remain current and beneficial for the community.

It's important to note that property titles are not managed by the Council. Instead, they are handled by specific government entities dedicated to land and property services.

To access your property title in Tasmania, you should utilize the services provided by Service Tasmania, the Land Information System Tasmania (LIST), and the Land Titles Office.

Additionally, for legal advice and assistance with the process or questions regarding your title, consulting with a solicitor is recommended.

When considering the installation of signage, it's important to be aware that a development application may be necessary. This application is influenced by various factors such as the sign's:

• Location;
• Size;
• Content; and
• Illumination (if applicable).

To ensure compliance with the local planning scheme in force within the municipality and relevant Council policies, it's advisable to submit preliminary designs to Council via email for review before proceeding with the installation.

When considering what you can do with your property, it's important to understand the zoning and any overlays that apply to your land. You can find this information by visiting the PlanBuild website and entering your address, Property Identification Number (PID), or Certificate of Title (CT) number.

Once you have a clear idea of what you want to do, sketching out your plans and detailing your intentions will provide a good indication to Council of how you intend to utilise the site. You are strongly encouraged to submit these details to Council's planning department via Council’s planning email for review and guidance on how to proceed with your project.

Please be aware that each property and proposal is unique, and therefore, the planning processes you are required to follow can vary greatly, even for similar projects on similar properties.

It is important to note that existing use rights are a legal fact. A use either has such rights or it does not. While the Council may form an opinion regarding the existence of these rights and decide whether to take enforcement action, forming an opinion does not grant a legal right or protection against Civil Enforcement Proceedings under Section 64 of the Land Use Planning and Approvals Act 1993. Therefore, if you intend to rely on existing use rights, it is highly recommended to consult with a solicitor to clarify the scope of these rights.