DCP 2023 Tree Permit Rules, Removal Tests and Exemptions – Newcastle City Council
On 1 March 2024, Newcastle's new Development Control Plan, DCP 2023, replaced DCP 2012 and changed the tree permit rules across the entire Newcastle City Council LGA.
If you last dealt with a Newcastle tree permit before March 2024, the rules you remember may no longer apply. The exemption criteria broadened, but the mandatory AQF Level 5 arborist report requirement for all non-exempt removals is now firmly in place.
This page explains what DCP 2023 requires, how the Urban Forest Technical Manual works, what changed from DCP 2012, and what triggers a permit or exempts you from needing one.
What Changed on 1 March 2024
DCP 2023 replaced DCP 2012 across the Newcastle LGA. For tree permits, the key changes were:
What Broadened - The Exemption Criteria
More trees and situations are now exempt from requiring a permit. Smaller, lower-significance trees that previously required a permit application may now be removed without one under DCP 2023 Section C3.
What Tightened - The Report Requirement
Any tree removal that does not meet an exemption now requires an arborist report prepared by a minimum AQF Level 5 arborist. This is not discretionary, it is a DCP 2023 requirement. The report must meet one of the four removal tests in Urban Forest Technical Manual Part A Section 3.4.4.
What Is New - The Mandatory Removal Test
Under DCP 2012, reports were assessed more broadly. Under DCP 2023, every non-exempt removal report must directly address one of the four specific removal tests in the Urban Forest Technical Manual Part A Section 3.4.4. Reports that do not engage with the correct test draw RFIs.
Savings Provisions
DCP 2023 does not apply to Development Applications lodged before 1 March 2024 that had not been finally determined at commencement. If your project was lodged before that date, confirm with us which DCP applies to your specific application.
If you last dealt with a Newcastle tree permit under DCP 2012, check the current exemption criteria before assuming your situation has not changed.
How DCP 2023 Tree Protection Works – The Framework
DCP 2023 tree protection operates through two integrated instruments:
DCP 2023 - The Planning Instrument
Adopted by Council on 12 December 2023 and commenced 1 March 2024 under Section 3.43(4) of the EP&A Act 1979. DCP 2023 provides the planning framework, it defines what requires approval, what is exempt, and what the objectives are. It is read alongside Newcastle LEP 2012, which provides the statutory zoning framework. Where there is inconsistency between DCP 2023 and an Environmental Planning Instrument such as a SEPP or the LEP, the EPI prevails.
The Urban Forest Technical Manual - The Technical Standard
The Urban Forest Technical Manual is incorporated into DCP 2023 and provides the technical requirements for all tree assessments. It is the document that arborists must follow when preparing reports for Newcastle City Council. It specifies the removal tests, the qualifications required, the report format and the tree protection requirements. The Manual is separated into three parts:
Part A - Private Trees
Governs the assessment, management and removal of trees and shrubs on private land. Contains the four removal tests in Section 3.4.4 that every non-exempt removal report must address. This is the part most relevant to homeowners and development applications.
Part B - Public Trees
Governs Newcastle City Council's management of trees on public land, street trees, park trees and Council-managed vegetation. Relevant to development applications that affect public trees.
Part C - Native Vegetation Communities
Governs the assessment and removal of native vegetation communities and assemblages on private land. A separate approval pathway from Part A, applies where trees form part of a broader native vegetation community rather than being assessed as individual specimens.
The Urban Forest Technical Manual and DCP 2023 must be read together. A report that addresses one but not the other will draw an RFI from Newcastle City Council.
The Four Removal Tests – Urban Forest Technical Manual Part A Section 3.4.4
This is the most critical section of Newcastle's tree assessment framework. Every non-exempt tree removal report submitted to Newcastle City Council must directly address one of these four tests.
The Infrastructure Works Test
Applies where a tree conflicts with essential infrastructure, drainage, services, utilities or public works that cannot be reasonably relocated or redesigned. The arborist must document that the infrastructure conflict cannot be resolved while retaining the tree, and that the infrastructure is essential and cannot be reasonably relocated.
The Development Test
Applies where a tree conflicts with proposed development, buildings, driveways, footings or services. The arborist must demonstrate that retention through design has been genuinely explored and that the development cannot reasonably proceed while retaining the tree. Design alternatives must be documented and assessed. This is the most commonly required test for DA and CDC applications.
The Risk Assessment Test
Applies where a tree presents an unacceptable risk to people, property or accessways. The arborist must assess structural condition, defect type, likelihood of failure and consequence for identified targets. The risk must be confirmed through evidence, not assumed from appearance alone. Pruning or risk mitigation must be shown to be insufficient before removal is supported on risk grounds. This is the most commonly required test for health and safety removal reports.
The Amenity Test
Applies where a tree has such low amenity value that retention cannot be justified. The arborist must assess the tree's contribution to the streetscape, neighbourhood character and urban forest, and document why retention is not warranted. This is the hardest test to satisfy. Council rarely supports removal on amenity grounds alone.
The correct test must be identified and addressed with evidence, not assertion. Reports that fail to engage with the applicable test are the most common cause of RFIs from Newcastle City Council.
Exemptions Under DCP 2023 Section C3 – When You Do Not Need a Permit
DCP 2023 Section C3 broadened the exemption criteria from DCP 2012. Tree removal may be exempt where:
- The tree is completely dead, confirmed by a qualified arborist
- The tree is a declared noxious weed species
- The tree presents an immediate risk to life or property, genuine emergency situations only
- The property is within a designated 10/50 bushfire entitlement area and the tree is within 10m of a dwelling, check using the NSW RFS online tool
- The tree falls within specific species or size criteria listed in DCP 2023 Section C3, check against the current exemption list before commencing any works
Even where an exemption may apply:
- Written arborist documentation is strongly recommended before any work proceeds
- The exemption must genuinely apply to your specific tree, not assumed
- Not all arborists operating in Newcastle hold AQF Level 5 qualifications, verify credentials before engaging anyone
- Where any doubt exists, a permit application is the safer course
We check the DCP 2023 Section C3 exemption criteria against your specific tree and property and confirm before any works are quoted or commenced.
The Retention-First Principle Under DCP 2023
DCP 2023 reinforces the retention-first principle that has been part of Newcastle's planning framework since DCP 2012, but the Urban Forest Technical Manual now requires more explicit documentation of this assessment.
Under DCP 2023, the retention-first principle means:
- Trees must be retained wherever possible, DCP 2023 Section C3 Control C-3 states this explicitly
- A permit application must demonstrate why retention is not possible, not simply request removal
- Design alternatives must be genuinely explored before development-related removal is supported
- Compensatory planting must be provided where removal is approved, no net loss of canopy on an intergenerational basis
Council's position is clear: removal is a last resort, not a default. An application that simply asks for removal without addressing the retention-first principle will not succeed.
Heritage Conservation Areas – The Additional Permit Layer
DCP 2023 tree controls do not stand alone in Newcastle's inner suburbs. Heritage Conservation Areas, designated under Newcastle LEP 2012, add a separate permit requirement for tree works that applies alongside DCP 2023.
Where your property is in a Heritage Conservation Area:
- A Heritage Minor Works Permit is required for certain tree works, in addition to the standard DCP 2023 permit
- The heritage significance of the tree and its contribution to the conservation area character are assessed
- This is a separate Council process from the standard DCP 2023 tree permit application
- Lead time for heritage assessment must be built into your project programme
Heritage Conservation Areas in inner Newcastle include significant portions of Cooks Hill, The Hill, Hamilton East, Newcastle East, parts of Bar Beach and The Junction.
We confirm whether Heritage Conservation Area coverage applies to your specific address before any works are quoted or commenced.
Wetland, Native Vegetation and Biodiversity Controls – The Northern Corridor Trigger
The State Environmental Planning Policy (Biodiversity and Conservation) 2021, which incorporates the former SEPP 14 Wetlands protections, referred to as the Biodiversity Conservation SEPP 2021, creates a separate approval pathway for tree removal near mapped wetlands that operates independently of DCP 2023.
Where your property is within 100m of a mapped wetland:
- A Native Vegetation Removal Permit is required, separate from the standard DCP 2023 process
- This trigger is missed more frequently in Newcastle's northern corridor than anywhere else in the LGA
- Missing this trigger at DA or permit lodgement requires resubmission, a significant programme delay
- Shortland Wetlands, Hexham Swamp and the Hunter River floodplain are the primary Biodiversity Conservation SEPP 2021 areas in Newcastle
Most commonly affects: Shortland, Hexham, Sandgate, Tarro, Warabrook and parts of Beresfield and Fletcher.
We check mapped wetland mapping for every northern corridor engagement before any report is quoted or commenced.
Native Vegetation Communities – Urban Forest Technical Manual Part C
Where trees form part of a native vegetation community or assemblage, rather than being assessed as individual specimens, Urban Forest Technical Manual Part C applies instead of Part A.
Part C also interacts with:
- Biodiversity Conservation Act 2016, threatened ecological communities
- Biodiversity Conservation SEPP, declared vegetation clearing
- Fisheries Management Act 1994, riparian and estuarine vegetation
Part C is a separate assessment pathway. Where it applies, standard Part A removal tests are not sufficient. The application must address the native vegetation community assessment requirements.
We confirm at the outset whether Part C applies to vegetation on your site.
AS4970-2009 - Tree Protection on Development Sites
AS4970-2009 (Protection of Trees on Development Sites) is the Australian Standard referenced throughout Newcastle's Urban Forest Technical Manual for construction-stage tree protection.
Key points:
- Newcastle City Council requires AS4970-2009 compliance, AS4970:2025 applies in Victoria, not NSW
- TPZ and SRZ calculations are derived from AS4970-2009, citing the wrong standard may suggest the report has not been tailored to Newcastle's current NSW requirements
- All Tree Protection Plans submitted to Newcastle City Council must comply with AS4970-2009
- Encroachment classification, minor, moderate and major, is assessed under this standard
A report citing AS4970:2025 instead of AS4970-2009 may suggest to Newcastle City Council assessors that it has not been tailored to current NSW and Newcastle requirements.
What DCP 2023 Does Not Cover
Understanding what DCP 2023 does not regulate is as important as understanding what it does.
DCP 2023 does not:
- Replace or limit Heritage Conservation Area requirements, these apply independently under Newcastle LEP 2012
- Replace mapped wetland obligations, Native Vegetation Removal Permit required separately where applicable
- Govern trees on public land, Council manages public trees under Urban Forest Technical Manual Part B, separate from DCP 2023 private tree provisions
- Override other Environmental Planning Instruments, where an EPI and DCP 2023 are inconsistent, the EPI prevails under EP&A Act 1979
- Apply to native vegetation communities where Urban Forest Technical Manual Part C triggers, separate approval pathway applies
- Apply to Biodiversity Conservation Act 2016 threatened species or ecological communities, additional assessment required
Multiple instruments may apply to a single tree on a single property. We identify which instruments apply to your specific situation before any application is lodged.
Summary – DCP 2023 Tree Controls at a Glance
- DCP 2023 commenced 1 March 2024, replaced DCP 2012
- Exemption criteria broadened under Section C3, check whether your tree qualifies before applying
- All non-exempt removals require AQF Level 5 arborist report
- Report must address one of the four Part A Section 3.4.4 removal tests
- Retention-first principle applies, removal must be justified, not assumed
- Reports must comply with the Urban Forest Technical Manual, not just DCP 2023
- AS4970-2009 applies to construction-stage tree protection, not AS4970:2025
- Heritage Conservation Areas add a separate Heritage Minor Works Permit requirement
- Mapped wetland proximity triggers a separate Native Vegetation Removal Permit
- Native vegetation communities are assessed under Part C, different pathway from Part A
- Maximum penalty for non-compliance, $1.1 million in the NSW Land and Environment Court
Engage an AQF Level 5 arborist before any works commence. Confirming what applies to your specific property is faster and cheaper than remedying a permit breach.
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