The best time to plant a tree was 20 years ago. The second best time is now?
The Victorian Government has set a target to increase the tree canopy cover of urban areas within Melbourne by 30 per cent. It aims to do so by protecting existing trees and planting new ones, to ensure canopies will deliver benefits (including absorbing heat and carbon dioxide, amenity, and providing shade).
On 2 September 2025, Amendment VC283 amended the Victoria Planning Provisions (VPP) format planning schemes to give effect to ‘Plan for Victoria’ (Plan), a long term plan that sets the state-wide vision for Victoria. The Plan includes a variety of actions. Action 12 requires the protection and enhancement of canopy trees. The Plan also introduces new state policy (i.e. to all planning schemes) to protect and enhance tree canopy at clause 12.06 (Sustainable environment), clause 12.06-1S (Urban forests) and clause 13.01-3S (Urban heat).
On 15 September 2025, Amendment VC289 amended the VPP format planning schemes, to give effect to Action 12 of Plan for Victoria, by introducing a planning permit requirement to remove, destroy or lop a canopy tree in residential areas at clause 52.37 (Canopy trees). The purpose of the clause includes to maximise the retention of existing canopy tree cover where no development is proposed, and to balance the retention of existing canopy trees and residential development to meet the housing needs of Victoria’s growing population.
Clause 52.37 in all planning schemes, now defines ‘canopy tree’ as a tree that has:
- a height of more than 5 metres above ground level; and
- a trunk circumference of more than 0.5 metres, measured at 1.4 metres above ground level; and
- a canopy diameter of at least 4 metres.
Decision guidelines (i.e. criteria to be considered) in the removal of canopy trees include, but are not limited to:
- The health and stability of the canopy tree proposed to be removed.
- Whether the canopy tree is causing, or at risk of causing, damage to an existing building, works or infrastructure.
- The number, size and location of the canopy trees to be retained on the site.
- If the removal of the canopy tree is associated with the development of the site, whether the proposed development has been sited or designed to minimise the impact on canopy trees. The cumulative impact of reducing existing canopy trees, if canopy trees on the site have been removed, destroyed or lopped within the past 12 months.
However, whilst a permit to remove a canopy tree may be able to be obtained, it is important to be aware that minimum canopy tree replacement requirements will generally apply, which can be met with either an ‘existing canopy tree’, by planting a ‘new canopy tree’, or a combination of both, as set out in Table 1 of clause 52.37. Table 1 details the number of trees required relative to the size of the land. For example, a lot size of 501m2 to 700m2 requires a minimum of 4 canopy trees.
There are some permit exemptions, for example for a canopy tree that is dead, for fire protection, and/or a noxious and/or environmental weed.
Further there are a number of transitional provisions (where the requirements of clause 52.37 do not apply before the approval date of Amendment VC289). It is important to be mindful of the fact any amendment to a planning permit application under sections 50, 50A or 57A of Planning and Environment Act 1987 that ‘resets the clock’ for the application date, will likely remove these transitional protections.
It is noted that the new provisions may impact on various Local Laws which deal with canopy tree protections, as Local Laws cannot be inconsistent with other legislation, nor duplicate or be inconsistent with the relevant planning scheme (as subordinate legislation to the Planning and Environment Act 1987).
Please contact our Planning and Environment team if you have any questions or feel that you may be affected by this amendment.
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