Canopy trees in residential areas

On 15 September 2025, Amendment VC289 introduced clause 52.37 (Canopy trees) to all planning schemes. The clause requires a planning permit to remove, destroy or lop a canopy tree in specific circumstances. 

What does this mean?

Along with the existing requirements for a permit to remove native vegetation on land over 4,000 square metres and overlays relevant to protection of the environment and landscape, from 15th September, you may be required to get a planning permit to remove a tree from your property regardless of size if it is located within a residential zone, even if there are no other overlays on the property. 

Where do these requirements apply?

Within Mount Alexander Shire, the new canopy tree controls apply to land within the:

  • General Residential Zone
  • Neighbourhood Residential Zone 
  • Township 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 is a ‘canopy tree’?

A canopy tree means a tree that has:

  • a  height of more than five metres above ground level
  • a trunk circumference of more than 0.5 metres, measured at 1.4 metres above ground level
  • a canopy diameter of at least four metres.

A Boundary Canopy Tree refers to any canopy tree with part of its trunk located within either:

  • Six metres of the lot’s narrowest street frontage, or
  • 4.5 metres of the rear boundary of the lot.

Why is this needed?

The new clause supports Action 12 of Plan for Victoria and state planning policies which seek to protect and enhance canopy tree cover in urban areas to reduce the impacts of urban heat on human health and wellbeing.

The rules to protect and enhance canopy trees on residential land are designed to balance canopy tree protection and minimise impacts on housing yield, recognising government policy including Victoria’s Housing Statement.

This amendment aligns closely with the Mount Alexander Shire Community Vision 2021-2031

  • We are a healthy community that values the natural beauty of the Djaara Country we live on
  • We also know that preserving our natural environment means living sustainably and caring for country
  • We are protecting our shire from the threat of climate change by working together at the local level

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

I have a ‘canopy tree’ on my property. Do I need to do anything?

If you have a canopy tree on your property, you will need a permit to prune, remove, or undertake works within the Tree Protection Zone of the tree.

How can I apply for a permit?

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. Visit our VicSmart Planning Permit page to apply for a permit.

More information

Speak to one of our planners or refer to the Department of Transport and Planning website.