What happens if a neighbour’s tree overhangs the development site?
You cannot assume that branches from a neighbour’s tree can simply be cut back because they overhang your development site.
For an ordinary tree, minor pruning of branches growing over the fence may be possible, provided the pruning does not damage the tree or amount to excessive pruning. ACT City Services recommends discussing the work with the tree owner first. (cityservices.act.gov.au)
If the neighbour’s tree is a protected tree, you must complete a Tree Activity Application for the proposed tree work. The application requires written consent from the tree owner confirming that they:
- are aware of the application and proposed works; and
- consent to an officer entering their property to undertake a tree inspection. (cityservices.act.gov.au)
The tree may also need to be considered as part of the development design if construction, excavation or other works could affect its Tree Protection Zone, even though the trunk itself is located on the neighbouring property.
Example: If branches from a neighbour’s protected tree extend over the proposed location of a new dwelling, the design should not assume those branches can simply be removed. The required Tree Activity Application and neighbour’s written consent would need to be addressed if pruning is proposed.
Reference: ACT City Services – Trees on private land ? Trees over the fence line – https://www.cityservices.act.gov.au/trees-and-nature/trees/trees-on-leased-land
Short Answer
Yes, an overhanging neighbour's tree can affect the development. If the tree is a protected tree and pruning or other tree work is required, a Tree Activity Application must be completed. Because the tree belongs to the neighbour, written consent from the tree owner is required as part of the application.
Detailed Explanation
The Urban Forest Act 2023 protects certain trees from tree-damaging activities and prohibited groundwork. These protections can therefore be relevant to a development even where the protected tree itself is located on an adjoining block.
ACT City Services provides specific guidance under Trees on private land ? Trees over the fence line. Where the neighbouring tree is a protected tree, a Tree Activity Application must be completed. Because the applicant does not own the land on which the tree is located, submission requires written consent from the tree owner, demonstrating that the owner is aware of the application and proposed works and consents to an officer entering the property to undertake a tree inspection. (cityservices.act.gov.au)
There is a separate consideration where the development works themselves may affect the tree. ACT City Services states that where development, building or driveway works may impact a protected tree—including a protected tree on adjoining land—a Tree Management Plan (TMP) is required as part of the relevant application. (cityservices.act.gov.au)
Accordingly, an overhanging neighbour's tree does not automatically prevent development, but it may affect the building design, excavation or construction methodology. Where pruning of a protected neighbour's tree is necessary, the required Tree Activity Application and written owner consent must be addressed rather than assuming the overhanging vegetation can simply be removed.
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