Resolving a tree issue with your neighbour

Blooming cherry tree with white flowers overhangs a tall, green metal fence.

Tree foliage blocking sunlight, roots blocking drains, overhanging branches or damaging roots from a neighbour's tree can be a source of conflict between neighbours. 

Often property owners approach Council with their concerns hoping that Council will resolve the matter. 

Unfortunately, Council is unable to intervene in private tree disputes between you and your neighbour as it is a civil matter.

If you wish to prune any overhanging branches from your neighbour's tree you may need to apply to Council before you carry out any tree works. 

  1. If you wish to carry out on minor pruning - Council recommends you seek permission from your neighbour / owner of the tree to let them know you want to prune their tree, as a matter of courtesy, before carrying out any minor pruning works from within your property. You must not access their property or trespass to carry out any tree works.
  2. Check the exemptions listed above and found within Part 5.3.4 (Tree and Vegetation Preservation) of Parramatta Development Control Plan (DCP) 2023 as some minor pruning of overhanging trees can be undertaken without Council approval.
  3. If you wish to carry our major pruning - you will need Council permission. Review the above list and fill in a tree permit application form. It must be signed by the owner of the tree and submitted to Council together with the appropriate fee. Approved works must be completed within two years from the date of consent.

If this is unsuccessful you can lodge an application with the Land and Environment Court under the Trees (Disputes between Neighbours) Act 2006. 

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