FAQs
Mitigating the urban heat island effect
Mitigating and adapting to the effects of climate change
Enhancing and supporting biodiversity
Maintaining the Town’s ‘leafy green’ character
Has a height of 8.0m or more.
Has an average canopy diameter of at least 6.0m.
Has a trunk circumference of at least 1.5m, measured 1.4m above the ground.
Is of a species that is not included on State or local weed register.
the killing or destruction of a tree.
the removal of a tree.
the severing of branches, limbs, stems or trunk of a tree.
the ringbarking, topping or lopping of a tree.
any other substantial damage to a tree.
involves removing dead or diseased wood only; or
is of a fruit tree and done for fruit production; or
is otherwise minor maintenance or thinning of the crown that does not adversely affect the health or general appearance of the tree.
An arborist report demonstrating that the tree should be removed due to its health, structural stability or risk to life or property.
Redesign of the development to support tree retention is not feasible.
What is a local planning policy (LPP)?
Local planning policies provide guidance for development and how development applications will be assessed and determined by the Town.
What will happen to my feedback?
Your feedback will be considered as part of the process to finalise the draft policies before it is presented to Council for adoption. If you make a submission, we will let you know when the policies will be considered by Council.
Why did the Town prepare the draft LPP39 – Tree Retention?
There is growing pressure on the Town’s urban tree canopy from infill development and climate change. Removal of mature trees from private property is experienced across the Town.
Regulating mature trees provides a range of benefits that contribute to protecting the Town’s urban tree canopy, including:
Which trees would be affected by the LPP39 – Tree Retention?
Trees which meet the definition of a Regulated Tree would be affected by the draft LPP39. Draft LPP39 requires development approval for any tree-damaging activity to a Regulated Tree other than ‘maintenance pruning’ or tree-damaging activity which is urgently necessary for public safety.
What is a Regulated Tree?
A Regulated Tree is any living tree which meets one or more of the following criteria:
How were the criteria for a Regulated Tree determined?
The size was chosen to reflect larger sized trees which contribute to the Town’s urban canopy. The loss of large canopy trees is considered to have the greatest impact on amenity and as such, the proposed criteria for a Regulated Tree was seen as an appropriate balance between protecting the most valuable canopy trees and impacting residents’ ability to manage vegetation on their properties.
What is tree-damaging activity?
Tree-damaging activity means any of the following:
Is development approval required for pruning a Regulated Tree?
Development approval is not required for pruning of a Regulated Tree if the works meet the definition of ‘maintenance pruning’ which includes:
What if my neighbour’s tree is encroaching/overhanging on my land?
Should the neighbours tree be a ‘Regulated Tree’ and the works do not meet the definition of ‘maintenance pruning’ development approval would be required to undertake the works.
The responsibility to obtain development approval to undertake the tree damaging activity in such circumstances lies with the person undertaking the works.
How will development applications for tree-damaging activity to a Regulated Tree be assessed?
Development applications for tree-damaging activity to a Regulated Tree would be assessed against LPP39. LPP39 outlines that there is to be a presumption against supporting tree removal unless the following is demonstrated by the applicant, to the satisfaction of the Town:
What happens if a development application for removal of a tree is not supported?
An applicant has the right to review of the State Administrative Tribunal against any decision made, or a condition attached to a determination. Such an application must be lodged within 28 days of the date of the determination.
What happens if a Regulated Tree is removed without approval should Council approve the LPP?
A person must not commence or carry out development to which development approval is required unless approval has been obtained. Failure to obtain development approval constitutes an offence under the Planning and Development Acts 2005.
The maximum penalties for breaching an offence provision under the Planning and Development Act 2005 are significant and are currently up to $200,000 for a person and up to $1,000,000 in the case of a body corporate.
A penalty for removing a Regulated Tree would have regard to the particular facts of the offence.