Canopy trees

Key information

On 15 September 2025, the State Government introduced Clause 52.37 – Canopy Trees into all Victorian planning schemes. This clause introduced additional planning permit requirements to remove, destroy or lop a canopy tree.

If your property is in a Residential Zone, you may need a planning permit to remove, destroy or lop a tree – even if the land isn’t affected by any overlays.

Council regulates trees on private property in two ways: through Local Laws and through Planning Permit requirements. It is important to understand both sets of rules, as they may apply in different situations.

When do you need a planning permit?

If your property is in a Residential Zone, you may need a planning permit to remove, destroy or lop a tree – even if the land isn’t affected by any overlays.

Zones

You need a planning permit to remove, destroy or lop a canopy tree on a lot in a:

Mixed Use Zone
Residential Growth Zone
General Residential Zone
Neighbourhood Residential Zone
Housing Choice and Transport Zone.

For these zones, you need a planning permit if any of the following apply:

the land is vacant
the land is vacant and a new single dwelling is proposed (and only a building permit is required)
the tree is defined as a boundary canopy tree.

Overlays

If your property affected by any of the following overlays, you may need a planning permit to remove or prune a tree, regardless of Clause 52.37 of the Stonnington Planning Scheme.

Significant Landscape Overlay:
- Schedule 1- Yarra (Birrarung) River Corridor Environs
- Schedule 2 - Gardiner Creek (Kooyongkoot)
Neighbourhood Character Overlay:
- Schedule 1 - Hedgeley Dene Precinct
- Schedule 8 - Lalbert Crescent Precinct
Heritage Overlay with specific tree controls
Public Acquisition Overlay

Use our interactive map to find what property zones and overlays apply to your property.

What is a canopy tree

A canopy tree means a tree that has all of the following:

a height of more than 5 metres above ground level
a canopy diameter of at least 4 metres.

Line diagram of canopy tree measurements as described in page content.

What is a boundary canopy tree?

A boundary canopy tree means a canopy tree that has any part of its trunk within either of the following:

6 metres of the narrowest street frontage of a lot
4.5 metres of the rear boundary of a lot.

Diagram of boundary canopy tree measurements of distance from property boundaries..

Replacement planting

You will likely be required to plant a replacement tree if you're removing a tree. A replacement planting should be a species and type that will grow to meet the new canopy tree requirements of:

an expected height of at least 6 metres above ground level
an expected canopy diameter of at least 4 metres.

The number of replacement trees required will depend on the number of trees being removed and the size of your property.

Are there any exemptions?

In some situations, you do not need a planning permit to remove, destroy or lop a canopy tree under Clause 52.37.

Common exemptions are:

Emergency works – if the tree presents an immediate risk to people or property. Under this exemption, only the part of the tree that poses the immediate risk can be removed, destroyed or lopped.
Pruning and maintenance – if no more than one-third of the tree's foliage is removed. This exemption does not apply if:
- the trunk of the tree is being pruned or lopped;
- the work would reduce the tree's height to less than 5 metres; or
- the work would reduce the canopy width to less than 4 metres.

Important: Even if a planning permit is not required, you may still need a Tree Works Permit.

What if my tree is not a canopy tree?

If a tree is not classified as a canopy tree, you may still need a Tree Works Permit to remove, destroy, lop, or do works in the vicinity of significant trees on your property. This comes under Stonnington General Local Law 2018 (No.1).

Our Tree Works Permit page can help you identify significant trees and apply for a permit.

Do I need both a Local Law Permit and a Planning Permit to remove a canopy tree?

No. If you need a planning permit under Clause 52.37 (Canopy Trees), you do not need a separate Tree Works Permit under Council's Local Law.

What if I have an existing planning permit?

If your property has an existing planning permit, there may be permit conditions or approved plans (such as a Landscape Plan or Tree Management Plan) that require trees or other vegetation to be retained. If you want to remove a tree, you may need to amend the permit and plans. Contact us to confirm the requirements.

How to apply

Check if you need a permit for tree works

Assess whether your planned tree works require a permit

Check if you need a permit

Prepare your documents

Please provide the following with your application:

A site plan, photos or other information showing the:
- location of all canopy trees and other vegetation on the site
- canopy trees you want to remove, destroy or lop including the species, height and canopy diameter.
- location of any replacement canopy trees, including the species, expected height and canopy diameter at maturity, soil conditions and proposed irrigation
An explanation of why you want to remove, destroy or lop the canopy tree.
Details of any proposed buildings or works, including plans where relevant
An arborist report or assessment from a suitably qualified person if the tree is proposed to be removed or lopped because of its health or structural condition.

Apply online

Lodge a planning permit application on our ePlanning Portal.

If you are applying only to remove, destroy or lop a canopy tree choose the VicSmart pathway when lodging your ePlanning application. VicSmart applications are usually decided within 10 business days if all the required information is included.

If your proposal includes other works, you may need to submit a standard planning permit application instead.

Apply online with ePlanning

If you need to submit via a paper form, please download an application form(PDF, 280KB) or a vicsmart application form(PDF, 364KB) and email to council@stonnington.vic.gov.au.

Contact us

Phone: 03 8290 3329