Roots or branches from Council trees can occasionally cause damage to fences, retaining walls, driveways, pipes, and vehicles. However, Council’s ownership of the tree does not create an automatic liability in the event of a tree causing damage. There must be some demonstrated act or omission of negligence by Council.
If you would like to make a claim, you will need to provide evidence of damage to your property. Evidence must be provided to Council for consideration before undertaking any repair work. Evidence may include:
- Photographs of tree damages
- Plumber/ Engineer Report - detailing location of issue, impacts and work required to rectify
- Arborist Report – detailing impacts of repair works to be carried out on the tree
- All claims must include a minimum of three quotes for works or invoice of costs related to the damage caused by the tree.
Council does not remove trees for dropping unwanted material.
Please note that under no circumstances are Council trees are to be pruned or removed by residents. Penalties apply.
How does Council review claims for Sewer and Stormwater Damage?
General maintenance and replacement of sewer and stormwater lines due to ‘wear and tear’ are the responsibility of the landowner. This includes repairing or replacing damaged or aged pipes and clearing chokes.
If repairs cannot be performed without removing or seriously damaging a Council tree and there are no alternatives (such as relining or moving the pipes or directional boring), you will need to advise Council and consideration will be given to removing the tree. If pruning or removal works are required and the tree is located on private property, a Vegetation Removal Application will need to be submitted.
How do I make a request relating to damage caused by trees on Council land?
For all requests relating to damages caused by trees located on Council land please contact us by lodging a report online using our Request Support or Report it page, calling (02) 4221 6111, or by emailing council@shellharbour.nsw.gov.au.