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

Even if you don’t need a planning permit, you might still need permission under Council’s Community Amenity Local Law (2023) to prune or remove a significant tree or palm. These local law requirements apply to matters not addressed by Clause 52.37.

You can find out more about the Local Law: Significant tree or palm

Where do these requirements apply?

The requirement applies to the following zones of the Port Phillip Planning Scheme:

  • General Residential Zone
  • Residential Growth Zone
  • Neighbourhood Residential Zone
  • Mixed Use Zone

To find out what zone applies to a site please access Planning property report.

What is a canopy tree?

A canopy tree means a tree that has:

  • a height of more than 5 metres above ground level; and
  • a trunk circumference of more than 0.5 metres, measured at 1.4 metres above ground level; and
  • a canopy diameter of at least 4 metres.

What is a boundary canopy tree?

A boundary canopy tree means a canopy tree (defined above) that has any part of its trunk within:

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

When do I need a planning permit to remove a canopy or boundary canopy tree?

A planning permit is normally required to remove, destroy or lop a canopy tree in any the above residential zones.

However, there are circumstances where a planning permit is not required to remove canopy trees. These include the following:

  • The removal, destruction or lopping of a canopy tree (other than a boundary canopy tree) if the site is developed with an existing dwelling.
  • To the removal, destruction or lopping of a canopy tree (other than a boundary canopy tree) identified for assessment in a planning application to which Clause 54, 55, 57 or 58 of the planning scheme applies and the tree is not removed, destroyed or lopped until the permit is issued.
  • If the table of exemptions in clause 52.37-8 specifically states that a permit is not required.

The following contains some typical scenarios where a planning may not be required for the removal, destruction or lopping of canopy trees.

Applying for a permit

Contact us

Our Planning team is here to help.

Send us a message on My Port Phillip.

Phone: 03 9209 6424

Email: planhelp@portphillip.vic.gov.au 

In person: visit the Planning and Building Counter at St Kilda Town Hall during opening hours (8.30 am to 5 pm, Monday to Friday)