27 Jun Do I Need Planning Permission to Cut Down a Tree?
Tree removal in urban properties may be needed for a number of reasons:
- To make way for an addition or a new dwelling
- To make space in the yard
- To remove a problem tree or to maintain tree health
Before picking up that chainsaw, it is a good idea to check if you need a permit to remove or prune your tree!
People are sometimes surprised to find out that they do need a permit. After all, the tree is on their private land, isn’t it? Despite the trees being on your land, the council can impose vegetation controls and this is quite common across metropolitan Melbourne, as well as in the rural areas.
In some places, the local Council have vegetation controls which mean that you may need to apply for a permit to remove or even prune your tree. This may be a planning permit or a local law permit, depending on the controls that the Council have in place.
How Will I Know If I Need A Planning Permit?
There are two main reasons that a planning permit can be triggered for tree removal:
- There is an Overlay over the property that protects vegetation
- The property is over 0.4 hectares and you are proposing to remove native vegetation
To investigate if you fall within either of these categories you will need to determine:
- The planning controls of your site
- The size of your site
Whether the vegetation you want to remove is native or not
You can look up the information on your site online or speak to the council about the planning controls that are over your site. Tree controls can be complex, and sometimes specific types of vegetation or activities may not require a planning permit. For example, only trees of a certain type or size may be protected. You may need to carry out some measurements or speak to an arborist to confirm the size/type of vegetation.
Tree controls may only apply to trees of certain types or sizes.
Once you have established the information, you can confirm with the Council if you need a planning permit for the tree removal. Your arborist may also be able to give you some advice on that.
What is Required for a Permit
If you need to apply for permission, you will generally require a report from a qualified arborist with your application. If a tree is assessed as dangerous and posing an immediate risk to property or life, you should immediately contact the council to confirm that the tree can be removed. For all other types of tree removal, you will be required to lodge your application and provide justification for the proposed removal. Often an application for removal of a single tree can be done as a VicSmart permit. For other applications, it will follow the standard planning application process.
Generally, the Council will also require new tree planting to be done on the property to replace the tree or trees to be removed. If the tree removal is done as part of a development application (for example an application to build units on the site), the requirement for additional planting will be covered within the request for a landscape plan as part of the proposal. If the tree removal is sought on its own, the permit will usually contain details of the new planting that must occur as well. You may need to prepare a plan showing the tree planting, or contact the Council to confirm once the planting has been carried out for them to inspect.
It is best to speak to the council first to learn more about the specific controls for your property. You can also contact a consulting arborist in your area. Their job is to assess the health of trees and provide recommendations regarding any maintenance work required or justification if they deem it prudent to remove the tree. They should also be able to provide you with some advice as to what tree controls apply to your site.
There are also additional rules that apply for sites of 0.4 hectares and greater that relate to native vegetation. For these applications, you will need to provide a calculation of the native vegetation removal offset. You can read more details on the native vegetation removal regulations here. For simple applications to remove a small number of native vegetation, the information provided by the arboricultural assessment of the trees can be used to do an online assessment, using the Native Vegetation Offset Tool. We have assisted many clients with this and can help if required.
If you need assistance with an application to remove a tree, or need advice on the planning controls over your property, give us a call and we will discuss your options with you.