A practical guide to Clause 52.37 — Victoria’s canopy tree protection law. Learn when a permit is required, how councils assess applications, and what replacement planting means for your property or project.

Introduced 15 September 2025 via Amendment VC289 · Applies across most Victorian residential zones

On This Page

Introduction to Clause 52.37
What is a Canopy Tree?
Which Residential Zones Are Affected by Clause 52.37?
When Is a Permit Required?
When a Permit May Not Be Required
How Councils Assess Applications
Replacement Canopy Tree Requirements
Other Planning Rules Still Apply
What Homeowners Should Do
What Developers & Builders Should Know

Introduction of Clause 52.37 Canopy Trees

On 15 September 2025, Amendment VC289 introduced Clause 52.37, known as the Canopy Trees provision, into all Victorian planning schemes.

The clause requires a planning permit to remove, destroy, or lop a canopy tree in specific residential situations.

It applies across most residential zones in Victoria, excluding Low Density Residential Zones.

The intention behind this clause is to protect mature trees and improve canopy cover in urban suburbs. This helps reduce heat in built-up areas and supports healthier living environments.

The policy sits within broader planning goals under Plan for Victoria, particularly Action 12, which focuses on strengthening urban canopy cover.

At the same time, the rule has been designed to allow housing growth to continue. It aims to balance tree protection with the need for new homes and redevelopment.

Clause 52.37 does not replace existing residential planning standards such as Clause 55. Instead, it works alongside them, requiring councils to make balanced decisions based on both tree retention and development outcomes.

What is a Canopy Tree?

A canopy tree is defined by clear physical measurements under Clause 52.37.

A tree is considered a canopy tree when it has all of the following:

A height greater than 5 metres above ground level
A trunk circumference greater than 0.5 metres, measured at 1.4 metres height
A canopy diameter of at least 4 metres

All three conditions must be met for the tree to fall under the canopy tree definition.

If a tree does not meet these measurements, Clause 52.37 does not apply, although other council rules may still be relevant.

Which Residential Zones Are Affected by Clause 52.37

A planning permit is required only in specific residential zones, including:

General Residential Zone (GRZ)

Neighbourhood Residential Zone (NRZ)

Residential Growth Zone (RGZ)

Housing Choice and Transport Zone (HCTZ)

Township Zone (TZ)

Mixed Use Zone (MUZ)

The permit requirement applies only in defined circumstances, mainly based on land use and tree location.

When Is a Permit Is Required

Vacant land situations

A permit is required to remove, destroy, or lop a canopy tree where:

The land is vacant
The land is vacant and a new single dwelling is proposed where only a building permit is required

In these cases, all canopy trees on the lot are treated as protected until approval is granted.

Vacant land is assessed more strictly because tree retention is considered achievable before construction begins.

Properties with existing homes or proposed development

A permit is also required when a canopy tree is located close to property boundaries.

This applies where the tree is within:

6 metres of the narrowest street frontage, or
4.5 metres of the rear boundary

These rules apply in several common situations, including:

Existing dwellings with no proposed development
Existing dwellings with extensions or renovations
Vacant land under assessment for new dwellings
Sites where multi-dwelling developments are proposed

These setback areas are treated as higher protection zones due to their impact on streetscape and neighbouring properties.

Simple boundary example

A mature tree located 5 metres from the back fence would fall inside the rear setback control zone. In most cases, this would require a planning permit before any removal or major pruning could occur.

When a Permit May Not Be Required

Certain situations may be exempt from permit requirements. Examples include:

Dead trees : Trees confirmed as dead by an arborist

Immediate safety hazards : Trees posing urgent risk to life or property

Emergency works : Urgent removal required for public safety

Undersized trees : Trees that do not meet canopy tree dimensions

Minor pruning : Works within allowable limits

Before proceeding: Always obtain professional advice from a qualified arborist and retain photographic evidence of the tree’s condition before claiming an exemption.

How Councils Assess Applications

Each permit application is assessed on its individual merits. The assessment focuses on whether removal is justified based on evidence provided in the application. Councils generally review:

Tree health and structural condition
Risk to people or property
Impact on proposed buildings or extensions
Whether the tree can be retained with design changes
Overall canopy loss within the area
Replacement planting proposals

The decision is based on a balance between development needs and tree protection outcomes. The responsible authority must apply the decision guidelines within Clause 52.37, which focus on tree retention, canopy impact, and development outcomes — keeping the assessment consistent and canopy-focused.

Fast-track assessment option

Some applications may qualify for a streamlined VicSmart process. These applications are typically assessed within 10 business days.

Where an application does not qualify for this pathway, notice to neighbours is usually not required. In addition, decisions made by council in these cases may have limited appeal rights to VCAT, depending on circumstances.

Decision guidelines and planning requirements

The responsible authority must make decisions using the guidelines within Clause 52.37.

These guidelines focus on tree retention, canopy impact, and development outcomes.

Other broader planning policies are not the primary focus of this specific decision process.

This ensures the assessment remains consistent and focused on canopy tree protection objectives.

Replacement canopy tree requirements

Where canopy trees are removed, replacement planting is often required to maintain long-term canopy cover.

Clause 52.37 introduces minimum canopy targets to support this outcome.

Minimum canopy cover requirements

Land up to 1,000m² requires approximately 10% canopy cover
Land over 1,000m² requires approximately 20% canopy cover

These requirements can be met through a combination of retained trees and new planting.

Example of how it works

A 700m² property may require a target of four canopy trees.

This requirement can be achieved through:

Retaining existing trees
Planting new trees
A combination of both approaches

Requirements for replacement trees

Replacement canopy trees must generally be capable of reaching:

At least 6 metres in height at maturity
At least 4 metres canopy diameter at maturity

These are minimum standards, and councils may accept larger species depending on site conditions.

Other Planning Rules Still Apply

Clause 52.37 does not operate in isolation.

Other planning controls may still apply, including:

Vegetation protection overlays
Environmental significance overlays
Bushfire management requirements
Local planning policies

Where multiple rules apply, the most restrictive requirement will generally take precedence.

Local laws and Clause 52.37

Many councils also regulate tree removal through local laws.
Clause 52.37 may override local laws only where there is overlap in assessment.
However, local laws may still apply where they regulate matters outside the scope of Clause 52.37.
This means both systems can operate together depending on the situation.

What Homeowners Should Do

Clause 52.37 makes tree assessment a key part of planning and development.

Before removing or altering a large tree, follow these steps:

Measure the tree’s height, trunk circumference, and canopy spread to determine if Clause 52.37 applies.
Check your property’s zoning and any overlays that may impose additional restrictions.
Confirm whether the tree falls within the 6 m front or 4.5 m rear setback protection zones.
Speak with a qualified AQF Level 5 arborist to understand your obligations and options.
Prepare supporting arborist documentation if a permit application is required.
Apply for permits and receive approval before any works begin.

Early assessment reduces delays and improves approval outcomes. Failure to obtain approval can result in enforcement action, fines, and project delays.

What Developers & Builders Should Know

Councils increasingly require developers and builders to consider trees at the earliest stage of project planning. This may include preparing Tree Protection Zones (TPZ), Structural Root Zones (SRZ), Arborist Impact Assessments, and Tree Management Plans.

Assessing trees early in the design process can help you:

Avoid costly permit delays and approval setbacks
Maximise development potential on the site
Reduce expensive redesign costs
Improve council approval outcomes
Ensure compliance with canopy tree requirements from the outset

Need help with boundary canopy trees?

Banyan Tree Care in Melbourne provides professional support for:

1. Arborist Reports (AQF Level 5)
2. Tree removal permit advice
3. Boundary tree assessments
4. Tree protection and TPZ plans
5. Council application support
6. Development arborist consulting

We help homeowners, builders, developers, and property managers understand their obligations under Clause 52.37. If you’re unsure whether your tree is protected, contact us on 0432 277 627 for professional advice and a site assessment.

Legal Disclaimer: This article is for general information only and does not constitute legal or planning advice. Council interpretations and regulations may change. Always confirm requirements with your local council or consult an AQF Level 5 arborist before undertaking any tree works or lodging a planning application.