Council recommended that the City engage directly with community organisations and the broader community to explore options available to strengthen tree protection on private land when it considered the protection of trees on private land report at its meeting on 27 February 2024.

The following tree protection options were identified:

1 – Advocacy. Write to the Minister for Planning and request the State Government to introduce State-wide regulation to protect trees on private land.

2 - Education / Tree Planting Guidelines. Continue to promote the benefits of trees through council projects, strategy, and policies.

3 - Amend existing controls to promote tree retention and replacement as part of new development. Add s stronger focus on tree protection and replacement of lost trees.

4 - Develop a Significant Tree Register (STR) and introduce a planning overlay. Identify trees and protect them with planning overlay.

5 - Develop a Significant Tree Register (STR) and introduce a local law. Identify trees and protect them with local law.

Officers recommended pursuing option 1 and 3.

A submission was made to Plan for Victoria with the recommendation: 'Provide a statewide approach to urban tree protection on private land that supports housing growth and ensures urban greening has a focus on biodiversity and habitat creation appropriate to the land.'

Changes are being proposed under the planning scheme review to better support tree retention and planting as per the report presented at the 23 July 2024 Council meeting.

Yes. Some councils have private tree controls in place via a local law, a planning overlay or both. We have provided links to other council’s websites if you are interested in finding out more.

The City recognises that trees are critical urban infrastructure. They can assist with mitigating the impacts of climate change such as heat waves, heat island effects and carbon sequestration. They also contribute to our environment, urban habitat and biodiversity and can increase community health and wellbeing outcomes. Trees have intrinsic value, as well as economic, environmental and social values.

Our Urban Forestry Strategy identifies the following benefits of urban trees:

There are two options to identify trees for protection on private land.

1. A Significant Tree Register that includes trees that have been assessed to meet one or more criteria (scientific, social, historical and amenity values).
2. A size threshold using metrics such as height or trunk width that captures large canopy trees.

If council decides to protect trees on private land through regulation, there are two options:

1. A planning scheme control such as an Environmental Significance Overlay or Vegetation Protection Overlay.
2. A neighbourhood amenity local law that protects trees on private land.

Both these controls can require a permit for:

• Tree removal
• Works within the tree protection zone and
• Tree trimming/pruning*

*many councils include exemptions for minor trimming that will not impact the overall health of the tree.

Yes. Both the local law and planning overlay can include permit exemptions. For example, if trees are a specified distance from buildings or if a suitably qualified person declares the tree is dead or dying or an immediate risk of personal injury or damage to property a permit may not be required.

Planning overlays must be introduced into the planning scheme via a planning scheme amendment. This process can take 12-18 months. It must be approved by Council and the Minister for Planning. The planning control would be applied to properties once trees have been assessed and identified in a Tree Study and/or a Significant Tree Register and following a public consultation process. Planning overlays provide further avenues to prosecute for illegal tree removal than are provided under a local law.

Local Laws can be introduced via a review of the local laws. This process can take 12-18 months. It includes a period of public consultation. It is approved by Council. The local law would cover all properties that contain a tree that meets the protection requirements.

Local laws are quicker to implement and can be updated on a more regular basis compared to a planning overlay.

Depending on whether a local law or planning scheme amendment is preferred the cost will differ.

Tree assessments, community engagement and introducing the regulation is estimated to cost between $300,000 – $600,000. The cost range accounts for the number of trees that could be assessed, the level of community engagement and the regulation type.

Ongoing annual costs for both schemes will be approximately $255,000 for administrative staff, authorised officers (planning or local laws) and arborists.

This could be offset by around $40,000 in revenue of approximately $20,000 in application fees (based on 100 applications at $200 fee) and $20,000 in infringements (based on 10 fines of $2,000) bringing the annual costs to $215,000.

It is hard to place an economic value on trees because not all values associated with trees can be quantified.

The City does not have data on the number or value of private trees in Greater Geelong. The Geelong Urban Forest Strategy provides a value of $230,421,313 for street trees (75,268 trees analysed) based on a formula developed by a United States Forestry Service model called i-Tree Eco.

There have been attempts to develop an Australian Standard for amenity tree evaluation over the years however this has not been finalised. The City’s Public Tree Management Policy includes a formula to calculate a tree canopy contribution value if a public tree is removed to facilitate public or private works, the methodology is:

(volume of tree canopy removed/volume of an average 5-year-old tree) x tree planting and establishment charge = tree canopy contribution value

Based on the formula a healthy tree which is 10m in height with 10m canopy width would have a value of around $16,000-17,000.

The City of Melbourne has produced a Tree Valuation Fact Sheet to come up with a compensation figure for public tree removal.

There are several local and international studies that seek to calculate the value of urban trees by estimating benefits associated with their contribution to air temperature, shade, building energy use for heating and cooling, removal of air pollutants, carbon credits, wind control, water runoff, water quality, glare reduction, property values, habitats, health, recreation, noise abatement and others.

A 2009 study out of the Burnley College - University of Melbourne, estimates the various environmental economic values for 100,000 large mature urban trees growing in an Australian city:

Based on information from other councils a local law permit costs between $99.70 to $439.00 with an average cost of $200.00.

The cost of a planning permit to remove a single tree is $220.00.

In both cases an arborist report is likely to be required to support an application for tree removal. The cost of an arborist report is approximately $500.00- $1,500.00 for one tree (indicative cost only and subject to individual circumstances).

If planning or local law regulations are in place and a permit is required to remove a tree but a permit is not enforcement action can be taken.

Both the local law and planning overlay have penalties for illegal tree removal.

The tree permit assessment process allows for a qualified person to assess options for tree retention, removal and replacement. The assessment process allows for a tree condition and values assessment, identification of alternatives to tree removal and conditions for replacement trees or payment of security bonds if works are proposed within the tree protection zone.

Based on the experiences of other Councils between 70-90% of applications to remove trees are approved.

A wide range of views are expressed. Some reoccurring observations from other community engagements on introducing tree controls include:

• Developers are prepared to plant a replacement tree or pay a fine for tree removal if it facilitates development.
• There is a risk people may cut down trees prior to laws coming in to avoid future costs.
• There is a risk people may avoid planting large trees to avoid future costs.
• Council needs to enforce the rules for them to be successful and deter illegal removal.
• Tree controls will encourage people to keep trees.
• Trees are important and we need to keep as many as possible.
• Council should not control tree removal on people’s private property.
• Council should focus on trees on public land like streets, parks and reserves.
• Council should encourage and educate residents rather than regulate them.

You can complete the survey or make a submission as part of this consultation.

If council decides to pursue private tree controls via either a local law or planning overlay additional public consultation will be required.

Unless a permit is required Council does not get involved in tree disputes between neighbours. You should visit the Dispute Settlement Centre