Trees on private property

House with trees

With the increasing density of urban development occurring in Darebin, we are seeing a reduction in the number of large trees on private land. Therefore, Council believes that the health and sustainability of our remaining trees is increasingly important.

Darebin uses the Planning Scheme and a Local Law to protect significant trees on private property.

Do I need a permit to remove a tree or vegetation on my property?

There are a range of situations where you will need a permit to remove a tree or vegetation on your property. Within Darebin Council we have a multifaceted approach to vegetation protection. The two main means of management are through the Planning Scheme and Darebin City Council's Tree Protection on Private Property Local Law 2019.

Planning permit

Your property has an existing planning permit, Vegetation Protection Overlay (VPO), Environmental Significance Overlay (ESO), Heritage Overlay (HO), Significant Landscape Overlay (SLO) or specific Planning Scheme clauses. 

Trees or vegetation may be protected by a planning permit. To find out if your property is located within an overlay, refer to VicPlan. To check if there is an existing planning permit on your property, or for more information relating to the planning application process, contact our Planning Department on 03 8470 8850. 

New planning clause specific to canopy trees

As of the 15th of September 2025, the Department of Planning and Transport introduced Clause 52.37. Under this Clause trees defined as a "Canopy Tree" or "Boundary Canopy Tree" may require a Planning Permit for removal. Further information regarding this Clause can be found on the planning scheme website. Where a planning permit is required under Clause 52.37 to remove a tree, a Local Laws permit is not required under the Management of Tree Protection on Private Property Policy 2019. 

Local Law permit

Your property has a significant tree.

A significant tree as classified by the Local Law, is a tree that has a single or combined trunk circumference greater than 100cm (1000mm) measured at 1.5m above ground level and is taller than 8m.

A permit is not required to remove a tree (or part of a tree) in the following circumstances:

  • The removal of part of a tree that poses an immediate risk (as determined by a qualified arborist) to persons or property. Only that part of a tree that poses an immediate risk may be removed under this exemption. Documentation should be gathered (e.g. photos, arborist notes and details) prior to emergency works and provided to council to avoid enforcement action. 
  • Trees declared as noxious weeds under the Catchment and Land Protections Act 1994.
  • The removal of dead fronds from a palm tree.
  • For pruning of non-structural branches 75mm in diameter or less.

A Local Law permit may not be required for most fruit trees such as apples and lemons, due to their smaller size. However, such trees may be covered by the planning scheme.

How to apply for a tree protection local law permit

For more information about tree protection permits, see Tree Protection Local Law frequently asked questions(PDF, 422KB).

  1. The first step is to identify the property the private tree is located in.
  2. Using the location, identify the type of permit required.
  3. The following reports or certificates may be required for the local law permit application, depending on the assessment criteria within the policy:
    • Tree health – arborist report from a qualified arborist (AQF 5 or above) using an industry recognised method.
    • Tree risk – tree risk assessment report from a qualified arborist using an industry recognised method.
    • Medical condition – copy of a medical certificate from a specialist in the relevant medical field. 
    • Social criteria – must meet two of the four assessment criteria within the policy.
    • Damage to property or infrastructure – report from a licensed and /or suitably qualified person in the relevant field (eg. plumber or structural engineer).
  4. Complete the Tree Protection Application Form(PDF, 314KB).
  5. Lodge your application to:
    Email: mailbox@darebin.vic.gov.au
     Fax: 03 8470 8877

On approval of this application an invoice will be provided for payment. Payment must be made for the permit to be valid. 

Links

More information

Customer service
Call: 03 8470 8888
Email: mailbox@darebin.vic.gov.au

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