Where does the policy apply?
The policy applies to all zoned land (i.e. all private property) within the Town.
When is development approval required?
Development approval is required for the removal or damage to any tree on private property which is classified as a 'regulated tree' other than for ‘maintenance pruning’ or tree-damaging activity which is urgently necessary for public safety.
Which trees does the policy apply to?
The policy applies to large trees which meet the definition of a 'regulated tree'.
A ‘regulated tree’ means a living tree that —
- Is 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 a State or local area weed register.
How were the criteria for a 'regulated tree' determined?
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 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.
Is development approval required for pruning?
Development approval is not required for pruning of a ‘regulated tree’ if the works meet the definition of ‘maintenance pruning’ which includes:
- minor maintenance or thinning of the crown that does not adversely affect the health or general appearance of the tree; or
- removing dead or diseased wood only; or
- is of a fruit tree and done for fruit production purposes.
See the flowchart below for more information:
How will development applications for tree-damaging activity to a ‘regulated tree’ be assessed and determined?
The determination of development application will have due regard for the policy requirements. The policy outlines a presumption against supporting tree removal however approval may be granted with consideration of matters including: The preservation of other trees on site. The location of the tree within the development site and if, in the opinion of the Town, the redesign of the development to accommodate the regulated tree is unfeasible. Any 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.
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?
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.
The penalty for removing or damaging a ‘regulated tree’ without approval will have regard to the particular facts of the offence.
What are the development application fees for removing a tree?
Development application fees are in accordance with the Town’s Schedule of Fees and Charges.
The $147 fee for the determination of development applications, where the application is only required for tree damaging activity, is waived until 30 June 2026.
What information is required for an application for development approval?
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.
When is an arborist report required?
An Arborist Report and/or Structural Engineers report is required when an applicant 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.
Qualified arborists can be found via the Arboricultural Association of Western Australia: FIND AN ARBORIST | ArbWest
What if my neighbour’s tree is encroaching/overhanging on my land?
Should a 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.
It is best to discuss with your neighbour first whether a development application is required and if you are unsure to contact the Town for advice.