Tree Exemptions & Planning Permit Requirements – Stonnington

A planning permit or Tree Works Permit is commonly required where:

• The tree is affected by Clause 52.37 canopy controls
• Land is subject to overlays such as SLO, VPO, ESO or Heritage Overlay
• The tree is classified as significant under council local law
• Tree removal is associated with development or redevelopment
• Proposed works impact roots, canopy or structural integrity

Exemption is determined by both planning controls and local law requirements, not by tree species alone.

How Tree Removal Is Regulated in Stonnington

Tree removal in Stonnington is generally assessed under two separate systems.

1. Victorian Planning Scheme (Clause 52.37 & Overlays)

This applies where development activity or planning controls affect vegetation and canopy trees.

2. Stonnington Local Law – Tree Works Permit

This commonly applies to:

• Significant trees
• Excavation, trenching or compaction affecting roots
• Pruning or removal impacting tree structure
• Trees not otherwise controlled by planning overlays

A tree may still require approval even where no formal planning permit trigger applies.

When a Planning Permit Is Required

A planning permit assessment is commonly required where:

• A tree falls within Clause 52.37 canopy controls
• The property is affected by SLO, VPO, ESO or Heritage Overlay
• Tree removal is associated with development works
• Tree Protection Zones (TPZ) may be impacted
• Council requests arborist documentation
• Significant pruning or removal works are proposed

When a Tree Works Permit Is Required (Local Law)

A Tree Works Permit may be required where:

• The tree is classified as significant
• Works impact roots, trunk or canopy structure
• Excavation occurs near retained trees
• Construction or underground services affect the root zone
• Pruning alters long-term structure or health

Local Law requirements may apply independently of planning permit triggers.

When a Tree May Be Exempt

A tree may only be exempt where all relevant conditions are satisfied, including:

• The tree is not protected by planning overlays
• The tree is not classified as significant under local law
• Proposed works are minor and compliant with AS 4373
• The tree is confirmed dead, where evidence is provided if required
• Emergency works are strictly limited to immediate risk situations

Exemption status should be confirmed against both the Planning Scheme and Local Law requirements.

Important – No Generic "Exempt Tree List"

Stonnington does not rely on a broad exempt species list.

Tree removal decisions are generally assessed based on:

• Planning overlays
• Clause 52.37 canopy controls
• Local Law definitions relating to significant trees
• Development impact and surrounding context

Incorrect assumptions about exemption commonly lead to compliance issues, fines or enforcement action.

Development & Exemption Interaction

Where tree removal is connected to:

• Extensions
• Basement construction
• Multi-dwelling developments
• Subdivision projects

A planning permit assessment is usually required.

Even where a tree appears relatively small or potentially exempt, development context commonly triggers a full arborist assessment.