Did You Know - Canopy Tree Controls

Published on 24 April 2026

New Canopy Tree Controls - Planning Permit Requirements

The Victorian Government has introduced Clause 52.37 into the planning schemes of all Victorian councils.

Clause 52.37 requires a planning permit for the removal, destruction or lopping of canopy trees for properties within the:

• Township Zone,
• General residential Zone.

What is a canopy tree?

Clause 52.37 defines both a canopy tree and a boundary canopy tree.

a)  A canopy tree is defined as a tree that has all of the following:

• A height of more than 5 metres above ground level; and
• A truck circumference greater than 0.5 metres, measured at 1.5 metres above ground level; and
• A canopy diameter of a least 4 metres.

b)  A boundary canopy tree is a canopy tree where any part of the trunk is located:

• Within 6 metres of the narrowest street frontage of a lot; or
• Within 4.5 metres of the rear boundary of a lot.

When is a permit required?

A permit is required to remove, destroy or lop a canopy tree anywhere on the lot where:

• The land is vacant.
• The land is vacant and a new single dwelling is proposed (and only a building permit is required).

A permit is required to remove, destroy or lop a boundary canopy tree where:

• The land contains an existing dwelling where no development is proposed.
• The land contains an existing dwelling and is proposed to be extended.
• The land is vacant and a planning permit application is being assessed for one or more dwellings.
• The land contains an existing dwelling(s) and a planning permit application is being assessed for one or more dwellings.

Whenever a permit is required for the removal of (a) canopy tree/s under only Clause 52.37 - your application may be lodged as a VicSmart application.

What do you need to provide with your application?

The application requirements are outlines in Clause 52.37-6.  In most circumstances, you will need to provide.

• A site plan and/or photographs that show the location of trees to be removed, as well as proposed replacement planting.
• A cover letter explaining why the tree is proposed to be removed, including details of any related buildings and works proposed on the land, where applicable.
• An arborist report/assessment on the health/condition of the tree if you are seeking to remove or lop the tree due to its health or stability.

How will we determine your application?

All applications will be assessed on the decision guideline criteria outlines in Clause 52.37-7.

What do you do if your application is approved?

If a planning permit is approved for the removal of the canopy tree(s), the first thing you should do it read the permit for any conditions.

In most circumstances, a permit will be conditional on the planting of replacement canopy trees.  If you have not already done so, you will be required to provide an updated site plan showing where the new canopy tree will be planted.  You will also need to identify the species of canopy tree to be planted.  The proposed species must meet the following definition:

new canopy tree means a canopy tree proposed to be planted.  It must be a species and type that will, at maturity, have:

• an expected height of at least 6 metres above ground level; and
• an expected canopy diameter of at least 4 metres.

As a minimum, you will be required to replace the canopy tree(s) that you are proposing to remove, however you may be required to plant more to meet the requirements of the table below:

Canopy-Tree-Fact-Sheet.pdf(PDF, 4MB)