Planning Scheme Amendment VC289 came into force on 15 September 2025. The amendment creates a new Clause 52.37 (Canopy Trees) provision, which introduces a new planning permit trigger to remove, destroy or lop ‘canopy trees’ in most residential zones, right across Victoria.
There are a number of exemptions that apply. However, permit applicants should be aware of the significant impact this latest amendment may have on your applications.
Existing Applications
The transitional provisions, at Clause 52.37-9, confirm (among other things) that the new requirements do not apply to removal, destruction or lopping of a canopy tree associated with the construction of a building or the construction or carrying out works in accordance with a permit, if the application for that permit was made before 15 September 2025.
Our reading of this exemption is that your existing permit applications, lodged prior to 15 September 2025 are exempt. However, practitioners should be aware that any amendment to your application(s) under s.50, S50A or s.57A will reset the statutory-clock and enliven the new requirements of Clause 52.37.
New Applications
The new Clause 52.37 will apply to applications or amendments to applications lodged after 15 September 2025. When preparing new applications, practitioners should be aware:
Clause 52.37 defines a ‘canopy tree’ as being:
- Greater than 5 meters in height and
- Having a trunk circumference of greater than 0.5 meters and
- Having a canopy diameter of at least 4 meters.
The provision makes an important distinction between ‘boundary canopy trees’ and regular ‘canopy trees’, with ‘boundary canopy trees’ being defined as:
- A canopy tree (as defined above) within:
- 6 meters of the narrowest street frontage of the lot; or
- 5 meters of the rear boundary of the lot
A planning permit is required under clause 52.37-2 to remove, destroy or lop a canopy tree in the Mixed Use Zone, Township Zone, Residential Growth Zone, General Residential Zone, Neighbourhood Residential Zone, and Housing Choice and Transport Zone.
However, no permit is triggered if one of the following three permit-exemptions apply:
- If the table of exemptions contained at Clause 52.37-8 specifically states that a permit is not required.
This table includes scaled-down exemptions like those contained within Clause 52.17 (Native Vegetation) and is likely to be of limited assistance to most applications. It does, however, exempt pruning of up to 1/3 of the foliage of a canopy tree for maintenance only, provided it is not the trunk that is pruned and that the pruning does not reduce the tree height to less than 5 metres or the canopy diameter to less than 4 metres.
- The removal, destruction or lopping of a canopy tree (other than a boundary canopy tree) identified for assessment in an application to which clause 54, 55, 57 or 58 applies and the tree is not removed, destroyed or lopped until the permit is issued.
Our reading of this second permit-exemption is that a regular canopy tree identified in a planning permit application that requires an assessment under Clause 54, 55, 57 or 58 is exempt from the new Clause 52.37 requirements.
However, ‘boundary canopy trees’ do not benefit from this exemption and will require an application and assessment under Clause 52.37, if your application includes their removal, destruction or lopping.
- The removal, destruction or lopping of a canopy tree (other than a boundary canopy tree) if the site is developed with an existing dwelling.
This third exemption once again removes regular canopy trees from net of Clause 52.37. However, the removal or lopping of ‘boundary canopy trees’, on regular single-dwelling-sites will trigger an application and assessment under Clause 52.37.
Application Process
Clause 52.37-6 spells out the information that must accompany an application to destroy, remove or lop a canopy tree under the new provision including DBH, height, canopy spread, and species of tree(s) to be removed or lopped as well as details of any new/replacement trees. We expect these information requirements will regularly require the involvement of qualified arborists to identify tree species and provide assessments on health and stability, where such characteristics are to be used as a justification for any removal or lopping.
Clause 52.37-3 outlines ‘Canopy Tree Requirements’ and specifies that the number of trees on site should meet the minimum canopy tree requirements in the table below. The requirements can be met by a combination of both new and existing canopy trees:
Practitioners should also note that all other permit triggers, relating to vegetation removal or lopping, contained within provisions like the Significant Vegetation Overlay, Environment Significance Overlay and Clause 52.17 (Native Vegetation) continue to independently apply.
It is also noteworthy that any application under the new Clause 52.37:
- Is exempt from 3rd party notification and review rights;
- Is a class of VicSmart Application, subject to Clause 71.06 and
- Limits the extent of Council’s (and VCAT’s) considerations, pursuant to Clause 52.37-4
Final Word
We perceive the largest burden the new requirements will pose for permit applicants is the new requirement to seek planning permission to remove ‘boundary canopy trees’, within 6m and 4.5m of the site frontage front and rear setbacks, respectively, as part of your multi-dwelling or single-dwelling-extension applications.
Like all new provisions, these will take some time for all stakeholders to get their heads around the changes. If you would like to discuss these new provisions in more detail please do not hesitate to contact our office.