A tree on Council land is overhanging my fence – will Council trim it?
Council does not typically undertake pruning of overhanging vegetation. Under The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, property owners are legally permitted to prune overhanging branches up to their property boundary.
However, if the overhanging branches are large and pose a safety hazard, Council arborists will assess the situation and may carry out necessary works to address the issue. Any tree pruning carried out must adhere to Australian Standards AS4373-2007 Pruning of Amenity Trees.
Will Council remove a tree on Council land that is dropping leaves into my property and along the front verge, causing a nuisance?
No, under Council’s Tree Management on Public Land Policy, trees are not removed due to nuisances such as dropping leaves, fruit, flowers, small branches or palm fonds. Removing trees for these reasons would significantly reduce the urban tree canopy, negatively impacting the environment. Additionally, it would be financially prohibitive and divert public funds away from other essential projects and services.
Residents with concerns about a tree situated within Council controlled land, can request a tree maintenance inspection. Tree inspections are conducted by a qualified arborist, who will assess the tree and determine the best course of action, based on Council’s guidelines.
The tree next to my property is too tall. It might be dangerous in a storm and damage my house. Can I remove it?
While there is always a possibility that a tree may fail in severe weather, healthy and well-maintained trees around a building can actually provide protection by helping to dissipate wind force. Removing the tree would leave your property fully exposed to wind, potentially increasing the risk of damage. The Council conducts regular tree assessments carried out by a qualified arborist (AQF Level 5 or higher). These assessments help determine when maintenance is necessary to ensure the tree remains in good condition and reduces the risk of damage during storms.
A tree on the footpath (or foreshore) in front of my property is blocking my view. Can I remove it?
No, you are not allowed to remove, prune or top a Council owned tree and, if you do, you may be subject to prosecution under Council Local Laws and State Laws regarding tree protection. The tree may also be an important host tree for rare and threatened species of fauna and flora and its removal may negatively affect the aesthetic character of the area. Lopping or topping a tree may make it dangerous due to the regrowth of epicormic branches or it may worsen tree structure or lead to fungal infection or weaken the tree, making it unstable or susceptible to failure.
There is a termite nest in a tree on Council land and I am worried it may harm my property. What can I do?
Termites are naturally found in the environment and play an important ecological role. Council does not have any legal responsibility to treat termite infestations in trees or on land under its control, nor is Council liable for any damage to private property caused by termites originating from Council land. Additionally, the presence of termites in trees does not necessarily mean the tree is structurally comprised.
For termite control on public property, such as parks and reserves, please contact Council. However, for private property, the responsibility for termite prevention and treatment lies with the property owner.
Recommended termite prevention actions:
- Conduct regular inspections through a licensed pest controller to detect termites and damage.
- Use termite-resistant and preservative-treated timber for new fences.
- Minimise cracks in concrete slabs by consolidating soil before laying the slab.
- Repair leaking pipes and improve ventilation in sub-floors to prevent ideal conditions for termites.
- Inspect second-hand timber and furniture before bringing it onto your property.
- Avoid placing gardens directly against walls.
- Do not stack firewood against your property, including homes, garages, and sheds.
Roots from a tree on Council land have blocked my stormwater pipes or cracked my driveway – what will Council do about it?
Cracked footpaths and other infrastructure issues can result from a variety of factors, not solely tree roots. Natural processes such as daily earth movement, soil compaction, or ground settlement are often contributing causes. While trees may sometimes lead to minor damage to footpaths, street curbs, paving, and driveways, it’s worth noting that these structures are typically lightweight and may lack sufficient reinforcement, making them more vulnerable to impacts from a range of environmental conditions.
Under Council’s Tree Management on Public Land Policy, work to remove tree roots will only be undertaken if credible evidence is provided confirming that the roots originate from a Council-owned tree and are causing damage. This evidence must include video or photographic documentation from licensed professionals, obtained at the property owner’s expense. Trees will not be removed based on suspicion alone.
If it is confirmed that the roots are from a Council tree and they have damaged pipes or other private infrastructure, Council will remove the roots. The property owner may then submit an insurance claim to Council’s Governance section for assessment.
Does Council replace trees that are removed?
Yes, under Council’s Tree Management on Public Land Policy, Council is committed to replacing any trees that are removed. Whenever possible, replanting is done at or near the original location of the removed tree. If this is not feasible due to space constraints, trees are planted in other areas to offset the overall loss of canopy.
Council conducts significant tree planting annually throughout the Noosa Shire, particularly in bushland reserves. These areas allow trees to grow naturally in suitable soils, pose minimal risk, and require less maintenance.