How Stonnington Assesses Tree Removal Under Clause 52.37
Tree removal associated with development in Stonnington is not automatically approved.
Council assesses whether trees can reasonably be retained within the overall development design under Clause 52.37, together with overlays such as SLO, VPO, ESO, DDO and Heritage controls across South Yarra, Prahran, Windsor, Malvern, Malvern East, Glen Iris, Armadale, Toorak and Kooyong.
Most development applications require a Level 5 arborist report assessing:
- Tree retention feasibility
- TPZ and SRZ impacts under AS 4970
- Development constraints and design response
- Reasonable alternatives to avoid removal
Our local Level 5 arborists prepare council-compliant reports supporting planning permit applications and clearly explaining whether tree removal is justified within the proposed development.
What Council Assesses During Tree Removal Applications
Tree removal linked to development is assessed within the broader planning context, not as a standalone request.
Council commonly considers:
- Contribution to neighbourhood character and canopy cover
- Tree health, structure and long-term viability
- Development layout and site limitations
- Feasible opportunities to retain the tree
- Compliance with AS 4970, including TPZ and SRZ requirements
Tree Retention Is Prioritised First
Before removal is considered, council generally expects applicants to demonstrate that reasonable retention options have been explored.
This may include:
- Adjusting building footprints or setbacks
- Relocating driveways or services
- Reducing TPZ or SRZ encroachment
- Using root-sensitive construction methods
- Providing arborist evidence supporting removal where retention is not practical
When Tree Removal May Be Supported
Removal may be considered where:
- The tree is structurally compromised or in significant decline
- Development conflict cannot reasonably be avoided
- Design alternatives have been properly explored
- Retention would impose unreasonable development constraints
Approval still depends on arborist evidence, planning context and canopy outcomes.
Example – How TPZ Encroachment Is Assessed
Example Scenario
A proposed dwelling encroaches approximately 15% into the Tree Protection Zone (TPZ) of a retained canopy tree.
Assessment Considerations
- Encroachment exceeds the commonly referenced 10% TPZ threshold
- Arborist investigation identifies structural roots within the affected area
- Alternative design responses are reviewed
- Root-sensitive footing systems and construction methods are considered
Typical Council Position
Where impacts can be reduced or appropriately managed, council generally expects tree retention.
Where encroachment significantly affects structural roots or long-term viability, removal may become supportable.
Important Takeaway
TPZ encroachment alone does not automatically justify removal.
The decision depends on:
- Extent of impact
- Root significance
- Design response
- Arborist evidence
- Retention feasibility
When Tree Removal Is Unlikely to Be Supported
Removal is less likely where:
- Trees are healthy and structurally sound
- Development design has not responded to tree constraints
- TPZ or SRZ impacts could be reduced through redesign
- The tree provides strong canopy or neighbourhood character value
- Arborist justification is limited or unsupported
Why the Arborist Report Is Critical
The arborist report is the primary document supporting any development-related tree removal request.
It should:
- Assess tree condition and structural integrity
- Calculate TPZ and SRZ under AS 4970
- Evaluate development impacts
- Assess retention feasibility
- Clearly justify proposed removal where necessary
Without detailed arborist documentation, tree removal approval is often difficult to support.
If Tree Removal Is Approved
Approval is usually conditional and may require:
- Replacement canopy planting
- Retention of other viable trees on site
- Landscape outcomes maintaining canopy contribution
- Suitable deep soil for long-term canopy growth
Council generally assesses long-term canopy outcomes rather than short-term replacement alone.
Replacement Canopy & Deep Soil Requirements
Replacement planting should:
- Suit the available site conditions
- Achieve long-term canopy growth
- Be supported by functional deep soil areas
- Respond to development constraints and available space
Council assesses whether replacement outcomes are realistic and sustainable over time.
What Triggers This Assessment Process?
Tree removal assessment commonly applies where:
- A planning permit is required
- A canopy tree meets Clause 52.37 thresholds
- Development impacts a TPZ or SRZ
- Planning overlays apply, including SLO, VPO, ESO, DDO or Heritage Overlay
Development Removal vs General Exemption Rules
Tree removal linked to development is assessed under planning permit controls, not general exemption pathways.
This means removal must be justified within the development and planning context rather than considered separately from the proposal.
Frequently Asked Questions
In most cases, no. Tree removal associated with development is usually assessed through the planning permit process, together with arborist reporting and planning controls.
No. Tree condition is only one factor considered during assessment.
Council also considers canopy contribution, planning controls, site context and whether retention remains feasible.
TPZ and SRZ calculations help determine how development affects retained trees.
They guide allowable encroachment, construction response and retention feasibility under AS 4970.
Usually, yes. Applicants are generally expected to demonstrate that reasonable design alternatives were explored before tree removal is supported.
One of the most common reasons is failure to properly justify removal within the proposed development design.
Applications are often refused where tree retention remains achievable through redesign or construction changes.
Summary
Tree removal in Stonnington is assessed as part of overall development design and planning permit compliance.
Council generally prioritises retention first, with removal supported only where justified through planning response, arborist assessment and development constraints.
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