Draft Local Planning Policy 1.24 - Regulated Trees on Private Land


Introduction

This is a Local Planning Policy prepared under Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. This Policy may be cited as Local Planning Policy 1.24

Tree damaging activity constitutes works under the Planning and Development (Local Planning Schemes) Regulations 2015 and development under the Planning and Development Act 2005.

The purpose of this Policy is to provide a clear and practical framework for managing tree damaging activity on private land. The Policy seeks to retain regulated trees where reasonable and practical, while allowing tree removal to be considered through the planning process where appropriate tree replacement is provided on-site or off-site by way of a contribution to the City.

This Policy should be read in conjunction with:

  • Any relevant Scheme provisions;
  • Residential Design Codes Volume 1 and Volume 2;
  • State Planning Policy 3.7 – Planning in Bushfire Prone Areas;
  • City of Melville Trees on City Managed Land Policy;
  • City of Melville Crossover Policy and associated Crossover Guidelines and Specifications;
  • City of Melville Urban Forest Strategy;
  • Australian Standards AS 4970:2009 – Protection of Trees on Development Sites (AS4970:2009); and
  • Australian Standards AS 4373:2007 – Pruning of Amenity Trees (AS4373:2007).

Should there be any inconsistencies between the provisions of this Policy and the City’s Local Planning Policy 1.17 – Additional Development Exemptions, the provisions of this Policy prevail.

The Policy aims to encourage and facilitate the retention and protection of trees on private land, while providing a practical framework that supports reasonable development outcomes and the ongoing enhancement of urban canopy cover through tree replacement.


Policy Objectives

The objectives of the Policy are to:

  • Provide a clear definition of a regulated tree and clarify when a development application is required for tree damaging activity;
  • Encourage the retention and protection of medium and large trees where reasonable and practical, having regard to site constraints, development outcomes and tree condition;
  • Promote consideration of tree retention at the earliest stages of the planning and development process.
  • Support tree replacement and urban canopy enhancement where approved tree damaging activity occurs;
  • Maintain and enhance neighbourhood amenity, character and sense of place through tree canopy; and
  • Assist in mitigating urban heat impacts, improving environmental outcomes and supporting biodiversity through the retention and establishment of tree canopy.

Policy Scope

This Policy applies to all zoned land within the City’s Local Planning Scheme No. 6 (LPS 6), including in the circumstances described below:

  • Development applications;
  • Subdivision applications;
  • Scheme amendments, structure plans and local development plans where relevant; and
  • Any proposed tree damaging activity to a regulated tree, including circumstances where no other development or subdivision is proposed.

This Policy applies to tree damaging activity associated with both development requiring development approval and development otherwise exempt under Schedule 2 Part 7 Clause 61 of the Planning and Development (Local Planning Schemes) Regulations 2015.


Requirement for Development Approval and Exemptions

Tree damaging activity to a regulated tree requires development approval unless exempted under this Policy.

Tree damaging activity to a regulated tree is exempt from the need for development approval where:

  1. The tree is a palm tree, cypress tree or fruit tree;
  2. The tree is declared or directed to be removed under the Biosecurity and Agriculture Management Act 2007; or
  3. The tree damaging activity constitutes maintenance pruning undertaken in accordance with AS4373 – Pruning of Amenity Trees and does not result in the destruction or long-term decline of the tree.

Development approval is not required where tree damaging activity to a regulated tree:

  1. Is urgently necessary for public safety, protection of property, maintenance of essential services or protection of the environment in accordance with Schedule 2 Part 7 Clause 61 of the Planning and Development (Local Planning Schemes) Regulations 2015;
  2. Is required under an approved Bushfire Management Plan; or
  3. Is required to comply with a direction issued by a statutory authority.

Development approval for tree damaging activity to a regulated tree is not required where the City is satisfied that:

  1. The tree presents a demonstrated and immediate risk to life or substantial property damage that cannot reasonably be managed through pruning or other arboricultural treatment;
  2. The tree is causing demonstrated structural damage to a dwelling, retaining wall, approved effluent disposal system or essential infrastructure; or
  3. The tree is within the required clearance distance from power infrastructure and pruning is not reasonably practical.

The City will require evidence to demonstrate that an exemption applies, including photographs, engineering advice, infrastructure plans or an arborist report, depending on the nature of the exemption claimed.

NOTE: Tree damaging activity associated with development otherwise exempt under Clause 61 of the Deemed Provisions may still require development approval under this Policy where a regulated tree is impacted.


Verification of Exemptions
  1. An exemption under this Policy is not to be relied upon on a self-assessment basis where the exemption depends on technical evidence, site circumstances or the City being satisfied of a particular matter;
  2. Where a landowner or applicant seeks to rely on such an exemption, written planning advice must first be obtained from the City confirming whether the City is satisfied that the exemption applies;
  3. A request for written planning advice is to be accompanied by sufficient information to enable the City to determine whether the exemption applies, which may include, as relevant
    1. Photographs of the tree:
    2. details of the tree species, height, canopy spread and trunk circumference;
    3. A site plan identifying the location of the tree and nearby buildings, structures or services;
    4. Arborist advice or an Arborist Report;
    5. Engineering or other technical advice; and
    6. Evidence of damage, risk, statutory direction or other circumstance relied upon.
  4. Where insufficient information is provided, or the City is not satisfied that an exemption applies, the City may advise that a development application is required for the proposed tree damaging activity;
  5. Written planning advice issued by the City for the purposes of this clause is only a confirmation of whether an exemption applies under this Policy on the information provided and does not remove the need to comply with any other applicable law, approval or requirement; and
  6. Written planning advice issued under this clause does not constitute development approval and is intended only to confirm whether development approval is required under this Policy based on the information available to the City at the time of assessment.
Tree Removal and Replacement

Where development approval is required for tree damaging activity, the City may support removal of a regulated tree where:

  1. Retention is not considered reasonable or practical having regard to the development outcome, site constraints or condition of the tree; and
  2. Replacement planting or an approved tree replacement contribution is provided in accordance with this Policy.

Where a proponent is willing to explore transplanting a regulated tree, the City may support consideration of that option as part of the assessment of tree damaging activity. Transplanting may include relocation to another suitable location on the same site, or to another location acceptable to the City.

Any transplanting proposal should be supported by appropriate arboricultural advice demonstrating that the tree is suitable for transplanting, the proposed relocation method is viable, and the transplanted tree can be appropriately established and maintained.

While transplanting is not required by this Policy, the City encourages applicants to consider this option where practical and will support its consideration where it is proposed and supported by appropriate arboricultural advice to the satisfaction of the City.


Application Requirements

Development applications, subdivision applications and strategic planning proposals that are subject to this Policy are to provide the following applicable information:

  1. Identify any regulated trees by way of a site plan and/or site survey, and photographic evidence, where relevant, indicating:
    1. Location of all regulated trees, including street trees;
    2. Whether any regulated tree is proposed to be retained or affected by any tree damaging activity;
    3. Tree Protection Zone(s) in accordance with AS4970; and
    4. Any tree replacement planting proposed on the development site
  2. For strategic planning proposals, a Concept Plan and supporting technical information shall be provided, where appropriate, demonstrating the prioritisation of regulated tree retention through the subsequent stages of the planning process and mechanisms and measures for the protection of regulated trees;
  3. Written justification for any proposed tree damaging activity against the objectives and requirements of this Policy; and
  4. Whether any regulated tree was identified to be retained at a previous planning stage (e.g., structure plan or subdivision approval).

An Arborist Report may be required in the following instances:

  1. To justify tree damaging activity to a regulated tree specifically considering the health of the tree and/or any safety risk it may pose to people or property; and
  2. To explain any mitigation measures proposed to protect a regulated tree including works proposed within the Tree Protection Zone (refer to AS4970 for details to identify the Tree Protection Zone).

Additional technical reports (i.e., environmental reports, tree retention strategy, structural engineering reports) may be required for structure plan and large-scale subdivision applications.


General Requirements
  1. A regulated tree should be retained and protected where reasonable and practical;
  2. Where removal of a regulated tree is approved or supported, replacement planting must be provided in accordance with this Policy unless the City accepts an alternative tree replacement contribution;
  3. Retention and protection of regulated trees should be prioritised, and development and subdivision design and structure and local development planning should avoid or minimise harm to regulated trees, where practical; and
  4. Where tree damaging activity is proposed to a regulated tree, the following will be given due regard in the assessment process
    1. Health, maturity, species, and location of the tree:
    2. Ecological, biodiversity and environmental values of the tree;
    3. Contribution of the tree to the streetscape;
    4. The preservation of any other regulated tree on the subject site;
    5. The location of the tree within the development site and capacity for a modified building design or subdivision to maximise tree retention;
    6. Any existing development on the site;
    7. Design and location of proposed crossovers;
    8. Possible safety risks due to tree limb failure and infrastructure and/or structural damage associated with retaining the tree;
    9. Topography and the potential impact from excavation/fill;
    10. Tree Protection Zone(s) (as per AS4970);
    11. Tree replacement and/or planting proposed;
    12. Recommendations of an Arborist Report; and
    13. The objectives of this Policy
  5. The following justifications for tree damaging activity to a regulated tree will not be supported:
    1. Impact on views;
    2. The tree variety is disliked;
    3. The tree variety causes nuisance by way of leaf, fruit or bark shedding or the like; or
    4. The tree impacts on private gardens, solar installations or the like.
  6. Tree damaging activity to a regulated tree may be considered if the following relevant information and/or technical reports are provided to demonstrate:
    1. The regulated tree is unhealthy, based on the recommendations of an Arborist Report;
    2. The regulated tree causes safety risks to people, infrastructure or buildings based on recommendations on an Arborist Report and/or Structural Engineering Report; or
    3. A redesign of the subdivision, development, and/or strategic planning proposal to accommodate the regulated tree is unfeasible
  7. Where a regulated tree is proposed to be retained as part of an approved subdivision, development, or strategic planning proposal, the regulated tree must:
    1. Be retained, retained, and subsequently maintained in a healthy state;
    1. Be protected during the construction of the development or subdivision works in accordance with Australian Standard AS4970:2009; and
    1. Only be maintenance pruned in accordance with Australian Standard AS4373:2007.

If a retained tree subsequently dies or becomes unhealthy it and requires replacement, the landowner must notify and make suitable arrangements with the City for tree replacement in accordance with the provisions of this Policy.


Tree Replacement
  1. If tree damaging activity to a regulated tree is approved/supported by the responsible authority, the following minimum tree replacement planting requirements apply:
    1. A minimum of two additional trees is required to be planted for every large tree proposed to be removed (2:1 tree replacement ratio); and
    2. A minimum of one additional tree is required to be planted for every medium tree proposed to be removed (1:1 tree replacement ratio)
  2. Tree replacement planting on private land must incorporate the following (unless otherwise agreed by the City):
    1. A minimum 90L pot size
    1. At least 2.0 metres in height;
    1. At least two years of age;
    1. Acquired from nursery stock that meet the criteria of AS2303:2018 Tree Stock for Landscape Use; and
    1. A tree species that is supported by the City.
  3. The timing of on-site tree replacement planting must occur, as follows:
    1. For tree damaging activity approved through a development application, prior to the occupancy of approved development works, or within three (3) months from the date of tree damaging activity occurring, unless otherwise specified by the City; and
    1. Prior to the WAPC’s endorsement of a diagram or plan of survey (deposited plan) for the creation of lots associated with an approved subdivision.
  4. Planted trees are required to be maintained by the landowner/occupier for the duration of the development; and
  5. The City may accept a payment to the City in lieu of providing tree replacement on-site. The payment is to be made in accordance with the City’s Schedule of Fees and Charges and may be used by the City to support urban canopy outcomes, including tree planting and establishment on City-managed land, implementation and administration of this Policy, compliance and monitoring activities, and other associated urban forest initiatives.


Definitions / Abbreviations Used in Policy

Arborist Report means a report which is prepared by a suitably qualified and experienced arboriculturist with a minimum qualification of Diploma of Horticulture (Arboriculture) Australian Qualification Framework (AQF 5) or equivalent, and with demonstrated experience in high level tree assessment and diagnosis.

Large tree constitutes a regulated tree that exceeds:

  1. 12 metres in height; and/or
  2. an average canopy diameter of 10 metres; and/or
  3. A trunk circumference of 1.7 metres, measured 1.4 metres above the ground.

Maintenance pruning means minor pruning undertaken for tree health, safety, clearance or normal tree management purposes that does not destroy, substantially damage or materially compromise the health, structure or long-term viability of the tree.

Maintenance pruning may include:

  1. removal of dead, diseased, damaged or defective branches;
  2. minor crown thinning or formative pruning;
  3. minor clearance pruning from buildings, fences, driveways, services or paths; and
  4. pruning necessary to maintain safe access or reduce minor nuisance impacts.

Maintenance pruning does not include:

  1. removal of the tree;
  2. topping, lopping, ringbarking or poisoning;
  3. pruning that substantially changes the natural form of the tree;
  4. pruning that materially reduces the tree canopy; or
  5. pruning that is likely to result in the decline, instability or death of the tree.

The City may have regard to AS4373 – Pruning of Amenity Trees, arboricultural advice, or other relevant technical guidance where necessary to determine whether pruning constitutes maintenance pruning.

Medium tree constitutes a regulated tree that:

  1. Is between 8 metres and 12 metres in height; and/or
  2. Has an average canopy diameter between 6 metres and 10 metres; and/or
  3. Has a trunk circumference between 1.5 metres and 1.7 metres, measured 1.4m metres above the ground.

Regulated tree means a living tree that:

  1. Is 8 metres or more high; and/or
  2. Has an average canopy diameter of at least 6 metres; and/or
  3. Has a trunk circumference of at least 1.5 metres, measured 1.4 metres above the ground; and/or
  4. Is a tree required under the Tree Replacement provisions of this Policy; and/or
  5. Is a tree required to be planted and maintained under the terms of a development approval; and
  6. Is of a species that is not included on State or local area weed register.

Tree damaging activity constitutes works under the Planning and Development (Local Planning Scheme) Regulations 2015 and development under the Planning and Development Act 2005. The Policy clarifies the circumstances in which a development application and approval is required for any tree damaging activity and guides the assessment of these applications and other planning proposals.

Tree Protection Zone (TPZ) is a specified area above and below ground and at a given distance from the trunk set aside for the protection of a tree’s roots and crown to provide for the viability and stability of a tree to be retained where it is potentially subject to damage by development. The TPZ is to be calculated using the methodology outlined in AS 4970:2009.

Tree replacement constitutes the delivery, planting and establishment of a tree or trees to offset approved tree damaging activity.