After a 100-year-old tree in Waverley was chopped down without approval, local backlash has prompted calls for stronger tree protection across Sydney’s Eastern Suburbs, with a community consultation now out on a proposal to double fines for individuals, potentially increasing penalties to $6,000 depending on the age and significance of the tree.
The furore started in January, when a local homeowner hired contractors to remove the large tree that stood on the boundary between his semi-detached house and a neighbouring Victorian-style villa. The Magnolia, believed to be around 100 years old, had long served as a source of shade, privacy, and habitat for local birdlife.
Neighbours Left Angry and Disappointed
The neighbouring homeowner, who lives in London and rents out his Waverley property to holidaymakers, was left stunned by the removal of the tree, which he said was not just part of the landscape but also key to his home’s privacy. Another neighbour echoed the concern, saying the tree was important to the local ecosystem and that its removal had led to a noticeable drop in birdlife.
The homeowner at the centre of this issue defended his decision by pointing to storm damage from intense weather earlier in the year, which he said caused large branches to fall and damage his roof. He stated that the tree, located less than a metre from his home, appeared to be leaning and presented a safety risk to his family.
Although he did submit a removal permit, it was lodged just one day before the tree was felled, meaning formal approval was not in place at the time of the removal.
Fines Spark Debate on Tree Protection Laws
Waverley Council fined the homeowner $3,000—the maximum penalty it could issue under current regulations. The tree lopping company received a $6,000 fine. Some locals argue these penalties are far too low to discourage future unauthorised removals, especially in areas where real estate values are high.
An independent arborist report commissioned during the development application process (DA-16/2024) concluded the 100-year-old tree was healthy and should be retained. Protection of the tree was considered Council’s approval of a second-storey extension to the home, which is now listed for auction.
Council said it was unlikely that taking the matter to the Land and Environment Court would result in a more favourable outcome, despite potential fines of up to $1 million in such cases. A spokesperson for Waverley Council noted that unsuccessful court proceedings could expose the council to legal costs.
Calls for Stronger Action
The case comes amid a series of similar incidents in Sydney, including the poisoning of palm trees in Tamarama and other reported acts of tree vandalism in Ashfield. Waverley Mayor Will Nemesh said the current laws are limited and expressed support for changes that would raise fines for unauthorised tree removal.
NSW has opened community consultation on a proposal to double fines for individuals, potentially increasing penalties to $6,000 depending on the age and significance of the tree.
Published 7-May-2025
