Which trees are covered
The policy applies to large trees which meet the definition of a 'regulated tree', being living trees that are —
- 8m or more high; OR
- has an average canopy diameter of at least 6m; OR
- has a trunk circumference of at least 1.5m, measured 1.4m above the ground.
But excludes any tree of a species that is included on the State Weed Register or the Towns Unwanted Species List.
The policy applies to all private property in the Town of Vic Park.
What are the rules for Regulated Trees
Development Approval is required to remove or damage any 'regulated' tree on private property unless the activity is
- maintenance pruning OR
- for public safety.
Preparing an Application
Please refer to the relevant application for development approval checklist to ensure all the required information is submitted as part of your application.
The following specific information related to trees should be included in all applications:
Site Feature Survey
- Details of all regulated trees including the position and size of any existing or proposed trees (indicating whether being retained, new or removed)
Proposed Site Plan
- Details of whether all regulated trees including the position and size of any existing or proposed trees (indicating whether being retained, new or removed)
- Soft landscaping - the position and size of soft landscaping areas and deep soil areas (alternatively can included in a separate landscaping plan)
Justification letter or planning report
- The recommendations of an arborist when an application is seeking to remove or undertake tree damaging activities to a regulated tree on the basis of the tree being unhealthy or unsafe and posing a threat to persons or property.
How much will it cost?
A Development Application fee of $147 is payable, in accordance with the Town’s Schedule of Fees and Charges.
If your application is only required for tree damaging activity, this fee will be waived until 30 June 2026.
How to lodge?
Applications are to be lodged online, please visit the online lodgement page to register and lodge your application.
How your application is assessed
Town staff assess all applications with regard for the policy requirements. The policy generally does not support tree removal however approval with consideration of matters including:
- The preservation of other trees on site.
- The redesign of the development to accommodate the regulated tree is unfeasible, given the location of the tree within the development site.
- Proposed tree replacement and/or planting proposed
- The recommendation of an arborist report demonstrating that the tree should be removed due to its health, structural stability or risk to life or property.
Appeals Process
An applicant has the right to request the State Administrative Tribunal review 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.
Penalties
Any unapproved tree damage or removal of regulated trees from private land without prior approval from the Town is an offence and prosecution may occur under the Planning & Development Act 2005.
The penalty for removing or damaging a ‘regulated tree’ without approval will depend on the facts of the offence, however penalties under the Act can range up to $200,000 for a person and up to $1,000,000 for a company.
Rationale for the Policy
There is growing pressure on the Town’s urban tree canopy from infill development and climate change with the removal of large trees from private property being experienced across the Town.
Regulating large trees to encourage their retention provides a range of benefits that contribute to protecting the Town’s urban tree canopy, including:
- 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
Prioritising the retention of large trees on private land contributes to achieving key objective of the Town's Urban Forest Strategy and Climate Emergency Plan.
How were the criteria for a ‘regulated tree’ decided upon?
The specifications for a ‘regulated tree’ were chosen to reflect larger sized trees which make the significant contribution to the Town’s urban canopy.
The loss of large canopy trees is considered to have the greatest impact on amenity and urban canopy. As a result the parametres of a ‘regulated tree’ have been determined to find a balance in protecting the most valuable canopy trees whilst reducing the impact on residents’ ability to manage vegetation on their properties.