How Newcastle City Council Assesses Tree Removal Under DCP 2023
Tree removal in Newcastle is not automatically approved. Newcastle City Council assesses whether trees can be retained, through development design or through management of condition and risk, before removal is considered.
Two distinct assessment pathways apply:
- Development-related removal, assessed as part of a DA or CDC, where development works affect existing trees
- Standalone removal, assessed under DCP 2023 Section C3, where no development is proposed but a permit is still required
This guide explains how Council makes that decision in both contexts, and what your AQF Level 5 arborist report needs to address.
Part 1 – Development-Related Tree Removal
Development removal is assessed as part of the overall DA or CDC, not as an isolated request. Design response to tree constraints must be demonstrated before removal will be considered.
What Newcastle City Council Assesses – Development Removal
All decisions are made on a site-specific basis, considering DCP 2023 controls, development constraints and long-term tree outcomes.
Council considers:
- Tree health, structure and condition, current and long-term viability
- Development design and site constraints, has the design responded to the tree?
- Feasible design alternatives to retain the tree, documented in the Arboricultural Impact Assessment (AIA)
- TPZ and SRZ compliance under AS4970-2009
- Heritage Conservation Area requirements, Heritage Minor Works Permit where applicable
- Wetland, riparian, native vegetation community or biodiversity-trigger areas, Native Vegetation Removal Permit where applicable under the Biodiversity Conservation SEPP
- Contribution to neighbourhood canopy and streetscape character
- Compliance with the Urban Forest Technical Manual Part A removal tests
Council assesses these factors together as part of the overall planning outcome, not individually.
The Retention-First Principle
Tree retention must be demonstrated before removal is considered.
Newcastle City Council applies a retention-first approach under DCP 2023, requiring development to respond to existing trees wherever feasible:
- Building layout adjusted to avoid tree impacts where possible
- Driveways and services planned to minimise root zone encroachment
- Development positioned outside TPZ and SRZ where feasible
- Arborist justification required where retention is not achievable, design alternatives documented
If retention is feasible, removal is unlikely to be supported, regardless of design preference.
The Four Removal Tests - Urban Forest Technical Manual Part A Section 3.4.4
This is the most important section of Newcastle's assessment framework. Every tree removal report submitted to Newcastle City Council must address one or more of the following four tests:
The Infrastructure Works Test
Applies where a tree conflicts with essential infrastructure works including 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.
The Development Test
Applies where a tree conflicts with proposed development including buildings, driveways, footings or services. The arborist must demonstrate that retention through design has been genuinely explored and that development cannot reasonably proceed while retaining the tree. Design alternatives must be documented and assessed.
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.
The Amenity Test
Applies where a tree has low amenity value to the extent 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 arborist report must clearly identify which test applies and address its criteria directly. Reports that fail to engage with the correct test are the most common cause of RFIs from Newcastle City Council.
When Development-Related Removal May Be Supported
Tree removal in a development context may be supported where:
- The tree is structurally unsound or in significant decline, confirmed by evidence
- The tree presents a documented risk under the risk assessment test
- Development conflict cannot be reasonably avoided through design, development test met
- Design alternatives have been genuinely explored and documented in the AIA
- Infrastructure conflict cannot be resolved while retaining the tree
- Retention would impose unreasonable constraints that cannot be resolved through engineering solutions
All of these generally require a report prepared by a suitably qualified AQF Level 5 arborist. Council will not approve removal on assertion alone.
When Development-Related Removal Is Not Supported
Removal is unlikely to be supported where:
- The tree is healthy and structurally sound
- Development design has not responded to tree constraints
- TPZ and SRZ impacts could be avoided through reasonable redesign
- The tree makes a significant contribution to the streetscape or urban canopy
- No removal test from Urban Forest Technical Manual Part A Section 3.4.4 has been met
- Arborist justification is absent, insufficient or not aligned to the architectural drawings
TPZ Encroachment - How Council Assesses Real Projects
Under AS4970-2009, encroachment into a tree's Tree Protection Zone (TPZ) is assessed using a three-tier framework. Newcastle City Council applies this framework under DCP 2023.
Example scenario: a development proposes a new dwelling that encroaches into the root zone of a retained canopy tree.
Minor Encroachment - Outside SRZ, Less Than 10% of TPZ
Generally supportable with standard protection measures and supervision. Detailed justification still required in the AIA.
Moderate Encroachment - 10 to 20% of TPZ, Outside SRZ
Requires arborist-led design review. Root investigation may be required to confirm root location and assess retention viability. Design alternatives must be documented.
Major Encroachment - More Than 20% of TPZ, or Any SRZ Encroachment
High risk. Design alternatives must be explored and documented. Root investigation is required. SRZ encroachment is not routinely supported without direct root evidence.
Where encroachment cannot be avoided, arborist recommendations may include:
- Pier and beam or screw pile footings to bridge over root zones
- Non-destructive AirSpade excavation for services and footings
- Design modifications to setback, footprint or driveway layout
TPZ encroachment alone does not justify removal. The decision depends on the extent of impact, the design response and the quality of arborist evidence.
The Role of the Arborist Report - Development Removal
The arborist report is the key document supporting any tree removal request in a DA or CDC. It must:
- Assess tree condition, health and structural integrity
- Calculate TPZ and SRZ under AS4970-2009
- Evaluate development impact at each encroachment level
- Address the applicable Urban Forest Technical Manual Part A Section 3.4.4 removal test
- Demonstrate that retention feasibility has been genuinely assessed, design alternatives documented
- Provide clear, evidence-based justification for removal where a removal test is met
Without a complete, plan-aligned arborist report that addresses the correct removal test, removal is rarely supported by Newcastle City Council.
If Development Removal Is Approved - Conditions
Approval is conditional. Newcastle City Council typically requires:
- Replacement canopy planting on site
- Retention of all other viable trees on the development site
- Replacement trees of appropriate species, size and maturity for the site conditions
- Appropriate soil volumes, conditions and depths to support long-term tree growth
- Tree Protection Plan (TPP) for all retained trees during construction
Council assesses canopy outcomes based on long-term performance, not planting intent alone.
Part 2 – Standalone Tree Removal (No Development)
Standalone removal is assessed under DCP 2023 Section C3, where no development is proposed but the tree is protected and a permit is required. The assessment focuses on tree condition, structural risk and the Urban Forest Technical Manual Part A Section 3.4.4 removal tests.
How Standalone Removal Is Assessed Under DCP 2023
Under DCP 2023 (commenced 1 March 2024), removing a significant tree from private land in Newcastle requires a permit and an AQF Level 5 arborist report, even where no development is planned.
Council considers:
- Tree health and structural condition
- Risk to people, property or accessways, assessed against the risk assessment test
- Whether pruning or risk mitigation can reasonably manage the issue
- Contribution to neighbourhood canopy and streetscape
- Heritage Conservation Area requirements where applicable
- Wetland and native vegetation triggers where applicable under the Biodiversity Conservation SEPP
The report must meet one of the removal tests in Urban Forest Technical Manual Part A Section 3.4.4, most commonly the risk assessment test or the amenity test for standalone applications.
When Standalone Removal May Be Supported
Standalone removal under DCP 2023 may be supported where:
- The tree is dead, confirmed by a qualified arborist
- The tree presents a documented structural risk to people or property, risk assessment test met
- Defects are confirmed through arborist assessment including decay, deadwood, instability and root failure
- Pruning or risk mitigation cannot reasonably manage the issue
- The tree is a declared noxious weed species
- The tree has low amenity value, amenity test met with evidence
General dislike of a tree, nuisance from leaves or roots, or interference with views is not grounds for approval under DCP 2023.
When Standalone Removal Is Not Supported
Removal under DCP 2023 is unlikely to be supported where:
- The tree is healthy and structurally sound
- Risk is low or speculative, not supported by arborist evidence
- Pruning can reasonably manage the identified issue
- No removal test from Urban Forest Technical Manual Part A Section 3.4.4 has been met
- The arborist report does not address the correct removal test with adequate evidence
Evidence Required for Standalone Removal
A report prepared by a suitably qualified AQF Level 5 arborist for standalone removal should:
- Confirm tree identity including species, height, trunk diameter at 1.4m and canopy spread
- Assess tree health, vitality and structural condition
- Identify defects including decay, deadwood, included bark, root plate damage and fungal activity
- Assess risk, likelihood of failure and consequence for identified targets
- Address the applicable Urban Forest Technical Manual Part A Section 3.4.4 removal test
- Confirm whether pruning or risk mitigation can reasonably manage the issue
- Confirm replacement planting recommendations where required
The report is submitted with the DCP 2023 Section C3 permit application to Newcastle City Council.
Heritage Conservation Areas and Special Controls
Where a tree is within a Heritage Conservation Area or subject to additional controls, requirements go beyond the standard DCP 2023 process.
Heritage Conservation Areas - Cooks Hill, The Hill, Hamilton, Newcastle East and Others
Tree works in Heritage Conservation Areas require a Heritage Minor Works Permit in addition to the standard DCP 2023 removal report. The heritage significance of the tree and its contribution to the conservation area are assessed alongside condition and risk. Identify this requirement early, it adds lead time to the assessment process.
Wetland and Native Vegetation Sites - Shortland, Hexham, Warabrook, Tarro and Surrounds
Trees within 100m of mapped wetlands, riparian land or native vegetation communities require a Native Vegetation Removal Permit under the Biodiversity Conservation SEPP, a separate process from the standard DCP 2023 path. This trigger must be identified before any removal report is lodged. Missing it results in resubmission.
Native Vegetation Communities - Urban Forest Technical Manual Part C
Where trees form part of a native vegetation community or threatened ecological community, the Urban Forest Technical Manual Part C and Biodiversity Conservation Act 2016 may apply. Additional assessment is required. We identify this trigger at the outset.
Where these controls apply, the assessment is more detailed and the evidentiary standard is higher.
Summary
Tree removal in Newcastle is assessed across two pathways.
Development removal is assessed as part of DA or CDC compliance under DCP 2023. Retention is prioritised. The applicable Urban Forest Technical Manual Part A Section 3.4.4 removal test must be met and documented in a plan-aligned AIA prepared by an AQF Level 5 arborist.
Standalone removal is assessed under DCP 2023 Section C3. Tree condition, structural risk and the applicable removal test are the key considerations. A Level 5 arborist report is required for most private tree removal applications unless an exemption applies.
In both cases:
- An AQF Level 5 arborist report is mandatory
- The correct Urban Forest Technical Manual Part A Section 3.4.4 removal test must be addressed
- Council requires evidence, not assertion
- Approval is conditional on replacement canopy outcomes
Approval depends on the quality of alignment between design, trees, DCP 2023 controls and arborist evidence.
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