FAQs

Council at its 30 April 2024 Ordinary Meeting resolved to request the City to present possible amendments to the policy and guidelines to encourage nominations and increase registrations on the Significant Tree Register.

The amended Policy and Guidelines propose the following changes:

• Adjoining landowners are not required to be consulted when nominating a tree for the Significant Tree Register
• Clarifies the role and process for nomination of a tree
• Updates the assessment criteria by requiring only one optional criterion to be met, where two criteria were previously required
• Clarifies that emergency works are exempt from requiring Development Approval from the City
• Provides greater weight and certainty to development incentives.

A Significant Tree is a tree which has been nominated by its owner to be afforded additional protections under the City of Bayswater Town Planning Scheme No.24. Significant trees are outstanding specimens which are:

a) of exceptional size (height or trunk diameter)

b) of outstanding visual or aesthetic significance

c) of botanic or scientific significance

d) of significant ecological value, or

e) of historic, commemorative, cultural or social significance.

The draft Policy and Guidelines apply to all privately owned land zoned under Town Planning Scheme No.24 in the City of Bayswater. Significant Trees on public land are subject to a different local planning policy. 

Landowner consent is required to enter any tree on the Significant Tree Register.

Pruning of a significant tree can be undertaken by a qualified arborist in the following circumstances:

1. The removal of dead wood or the treatment of disease where it is in the general interests of improving or maintaining the health of the tree; 

2. Any excavation resulting in removal of roots less than 50mm in diameter within the trees calculated Tree Protection Zone (TPZ); and/or 

3. Works required to maintain the legislated clearance requirements for utility services providers, such as Western Power or the Water Corporation. 

4. Removal is urgently necessary for the safety of people and property, public safety, safety or security of plant or equipment, maintenance of essential services, or protection of the environment in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015. 

It is noted that the severing of any branches, limbs, stems or roots of a tree that are less than 50mm in diameter do not require development approval or for the works to be undertaken by a qualified arborist.

This can be achieved by submitting a standalone development application or by the inclusion of the tree(s)-damaging works within an application for a larger development of the site.

A development application is required to be submitted to the City with:

1. A completed development application form
2. A scaled site plan/site survey including the location of the Significant Tree
3. Supporting information, including but not limited to, written justification for any proposed tree-damaging activity against the requirements of the policy and guidelines, arborist report and or structural engineering report at the applicant’s cost.

For further information on submitting a development application, visit How to Apply for Planning Approval - City of Bayswater

A tree may be removed from the Significant Tree Register in the following circumstances:

1. If the tree is dead
2. If the tree poses an unacceptable level of risk within its root structure and cannot be remediated
3. If the tree is diseased and cannot be remediated, and its removal will be of benefit to other trees around it, or
4. If the tree is causing significant damage to infrastructure or property, and suitable documented evidence is provided in support.

The following reasons will not be considered for removal of a tree from the Register:

1. Withdrawal of landowner support, or
2. To facilitate the construction of a new vehicle crossover, unless as a last resort where no other viable option exists.

The City may take development compliance action under the Planning and Development Act 2005. A person must not commence or carry out development for which development approval is required unless approval has been obtained. Failure to obtain approval constitutes an offence under the Act.

The maximum penalties for breaching an offence provision under the Act are significant and are currently $200,000 in the case of a person and $1,000,000 in the case of a corporation, with the potential for additional daily penalties in the case of ongoing non-compliance.

The City's existing Significant Tree Register Policy and Guidelines will remain in effect until they are either amended or revoked by Council resolution.