Protection for trees and vegetation

To apply for a permit:

• take a photo of the tree(s) you wish to prune, remove or lop and sketch a basic map of where the tree is located on your property
• complete our tree removal permit form
• upload your photo and map
• pay the permit fee of $220.50 for tree removal or $110.25 for pruning.

Tree planning permit application

Assessing your application

To make a decision whether the tree can be pruned, removed or lopped, we will register and allocate your application to our arborist for assessment.

The arborist may then contact you to arrange a site visit to inspect the tree(s). The application is assessed, and a decision is made if the tree(s) are appropriate to be lopped or removed and if a permit should be granted.

Decisions are made based on:

• the health and retention value of the tree(s)
• if the tree(s) poses a risk to human life or property.

Fast-track and VicSmart applications

If all our listed criteria are met, we aim to make a decision 10 business days after receiving your application. Criteria:

• your application is for only 1 tree
• we have not received a VicSmart application for vegetation removal in the last 12 months.

Protecting trees during construction

If you have a protected tree on your property and it gets damaged during construction, you could potentially be fined or otherwise prosecuted.

Check if you need a permit

Make sure you and any contractors (builders, landscapers, plumbers, and electricians) have the correct permit to do works near a protected tree.

Hire a qualified arborist

An arborist will give you advice about how to protect the tree, such as:

• creating a suitable construction and design near the tree
• what protections are needed, such as fencing and mulch
• defining works that need an arborist's supervision during demolition and construction
• creating management strategies to improve tree health, including guidance for watering, mulching and fertilising
• preparing a report for planning permit applications.

An application that proposes the removing or altering of protected trees on adjoining properties requires an arborist report.

Tree protection zones

A tree protection zone (TPZ) is a fenced, circular area surrounding a tree that:

• protects its roots from high traffic soil compaction and ground disturbance
• provides its roots space to maintain tree health and minimises interruptions to its growth
• prevents vehicle or machinery damage to the its trunk and branches.

Common mistakes include:

• Not fully considering development impacts on existing trees: encroaching on a tree protection zone (TPZ) by 10% or more is considered a major encroachment, and works may not be permitted in that area depending on the severity.
• Excluding trees on adjoining properties: all arboricultural reports should provide construction impact assessments for any trees in proximity to property boundaries or that may be affected by a development.

Protecting trees

Before starting works, you must ensure that all conditions on your permit relating to tree protection and management have been satisfied and that all required protection measures have been installed.

Tree roots that collect water and nutrients are found within the top 600mm of soil. Roots in this layer must be protected during works so they continue to grow.

• You or the builder must have a permit to do works around a tree.
• Create a TPZ around the tree with no open trenches or altered soil levels.
• Put a circular fence with signage around the TPZ to prevent anyone or machinery from working too close or stockpiling materials.
• Provide ground protection such as mulch within the TPZ.
• Keep construction waste out of the TPZ.
• Do not attach anything to the tree or use it as a support or anchorage.
• Do not allow fuel, oil or chemicals within the zone.
• Do not attach wires, nails, screws or any fixing devices as a support or anchorage for machinery.
• Keep the tree mulched and watered during and after construction.

Your trees are important. Any development proposal needs to ensure there will be no adverse impacts on the trees on your property. As part of any planning proposal, we always require information from the applicant to determine the impact on your neighbours trees and ensure they will be sufficiently protected.

Trees on neighbouring properties

Disputes between neighbours regarding overhanging trees are considered civil matters and must be resolved directly between relevant parties. For further information on resolving tree disputes please visit the Dispute Settlement Centre of Victoria.

You may apply for the pruning, lopping or removal of trees on a neighbouring property, however prior permission must be sought to access a neighbour's property and to carry out any works.

Reporting concerns

If you are concerned about a neighbour's tree(s) being removed without our approval, contact us on 9490 4222 so we can investigate it.

A planning application that proposes either to remove protected trees or have an impact on trees on the site (and adjoining properties) requires a report from an arborist.

Australian Standard AS4970/2009 is the primary guidance for preparing arboricultural reports.

Here is a brief overview of the different types of arboricultural reports.

Preliminary tree assessment

The preliminary assessment of the trees should take place at the beginning of the project once any site surveys have been completed. The purpose of this assessment is to provide information on the trees health and condition.

All trees included in the site survey including adjacent properties should be numbered and assessed by the project arborist as the basis for deciding which trees are suitable for retention.

A preliminary tree assessment:

• provides information on species, origin, dimensions, health, and structure
• identifies tree protection requirements in accordance with relevant planning controls
• sets a tree protection zone (TPZ)
• sets a structural root zone (SRZ).

The preliminary report is intended to be used by planners, architects, and designers, in conjunction with any planning controls and other legislation, to develop and guide the design layout in such a way that trees selected for retention are provided with enough space.

Arboricultural impact assessment

The arboricultural impact assessment is prepared once the final layout is complete. The report will identify trees to be removed, retained, or transplanted, and identify impacts on trees to be retained.

The report explains design and construction methods proposed to minimise impacts on retained trees where there is encroachment into the calculated TPZ. It will recommend measures necessary to protect the trees throughout all demolition and construction stages.

The report will include a tree protection plan (drawing) showing the TPZs and SRZs for trees being retained. A copy of this plan will form part of the development plans. The tree protection plan should be included in subsequent construction documentation.

The location of tree protection measures should also be shown on other documents such as demolition, bulk earth works, construction and landscape plans.

This is the type of report we typically require for planning applications.

Tree protection and management plans

The approved tree protection plan must be available onsite prior to the commencement of and during works. The tree protection plan will identify key stages where monitoring and certification will be required.

A pre-construction meeting should be attended by the site manager, the project arborist, and contractors to introduce the tree protection plan and its requirements.

Hedges, particularly large cypress hedges, along front and side boundaries contribute to the landscape character and leafy presentation along streets which Banyule is well known for.

This page provides guidance to assist hedge owners to management hedges on their property and avoid the impacts of hedges which encroach into the nature strip or over footpaths restricting access for pedestrians.

Options for the management of hedges:

• Hedges should be removed by the landowner where they are noticeably diseased, damaged or no longer contribute to the landscape character of the street.
• Any replacement hedges if planted should be planted a minimum of 1m from the property line and maintained to avoid growth beyond property boundary lines

Pruning hedges and fences

• Hedges which make a positive contribution to the landscape character of the street, do not obstruct footpaths and can be pruned back behind the front property boundary line should be maintained with regular pruning to limit growth beyond the property boundary lines.
• To restrict future growth beyond property lines and limit views of deadwood, fencing may be approved to keep the footpaths clear.
• Uplift all branches to a minimum height of 2.5m to clear the footpath by pruning back to the trucks with the idea of carving a tunnel out for clear and unobstructed pedestrian access along the footpath.

Widening the footpath

• Where a hedge is established, contributes to the landscape character of the street and obstructs the footpath, Council, at the cost of the landowner, may allow the footpath in front of the hedge to be widened so the hedge can be retained.
• Work to widen the footpath must only be carried out by Council or approved contractors.
• Council’s Building & Civil Works Unit can assist with this process.

Planting hedges

• Landscape advice should be sought if you are looking to plant a new or replacement hedge to ensure it is planted far enough away from the property boundary that it will not obstruct the footpath.

Costs and permits

• Council is not responsible for the maintenance of hedges on private land and recommends you consult with a private arborist for advice.
• Permit(s) may be required for the construction of front fencing or removal of hedges, call Development Planning on 9490 4222 for further information.
• In the event that hedges are not maintained and overgrow onto Council land, action may be taken under the General Local Law No. 1 where we don’t have the cooperation of a property owner to assist in achieving compliance. This may include the issuance of a Notice to Comply or Infringement. Council contractors may be directed to undertake the required compulsory pruning with expenses passed onto the property owner.

Significant hedges

• If you believe a hedge is an outstanding example of the species or has cultural significance, it can be nominated to be added to our Significant Tree Register.
• For more information regarding this process, please visit the Significant trees and vegetation page.