Amendment VC289 was gazetted by the Minister for Planning on 15 September 2025.
From that date, you may be required to get a Planning Permit to remove a tree from your property if it is located within a residential zone, even if there are no overlays on the property.
Where do these requirements apply?
Within Manningham, the new canopy tree controls apply to land within the:
- General Residential Zone
- Residential Growth Zone
- Neighbourhood Residential Zone
- Mixed Use Zone
This is in conjunction with any other overlays that may already apply to properties which require a Permit for the removal, destruction or lopping of trees.
What are the changes?
Amendment VC289 has introduced the new Clause 52.37 to all Planning Schemes in Victoria. The clause requires a planning permit to remove, destroy or lop a canopy tree in specific circumstances.
What is a canopy tree?
Clause 52.37 includes definitions of a canopy tree and a boundary canopy tree.
Canopy tree means a tree that has:
- a height of more than 5 metres above ground level; and
- a trunk circumference of more than 0.5 metres, measured at 1.4 metres above ground level; and
- a canopy diameter of at least 4 metres;
Boundary canopy tree means a canopy tree if any part of its trunk is within:
- 6 metres of the narrowest street frontage of a lot; or
- 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 a 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 permit application.
What do you need to provide with your application?
The application requirements are outlined 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?
Whether or not to grant a Permit will be assessed on the decision guideline criteria outlined in Clause 52.37-7. In most circumstances, a permit will be conditional on the planting of replacement canopy trees.
Other planning rules still apply
Clause 52.37 does not override or limit the operation of other relevant planning provisions such as overlays and the bushfire requirements. Land may be affected by other overlays including vegetation protection or environmental significance overlays.
How to apply
Use VicSmart to apply for tree removal and lopping.