FAQs on the advertised draft policy

1. Title changed to Tree Retention Policy and reference to street verges removed to reflect other policy requirements and Town Planning Scheme (TPS) provisions that relate to street verge trees
2. Policy purpose amended to reflect existing TPS provisions relating to tree provision and retention.
3. Policy scope amended to apply only to new grouped dwellings, multiple dwellings and non-residential developments only, and to allow existing landowners and new single house owners to maintain and remove trees.
4. Exemptions introduced to clarify when a Development Approval is not required such as maintenance pruning.
5. Inclusion of specific criteria on when tree removal will or will not be considered as part of new developments.
6. Inclusion of policy provisions to allow for tree removal where it substantially impacts the development of a site and is subject to a tree replacement ratio of 2:1.
7. Incentives for tree retention amended to waive fees for written planning advice relating to a regulated tree, tree replacement incentives and development incentives such as increased site cover where a tree is retained.

Existing Trees on Private Land and Street Verges Policy (adopted by Council for approval November 2022)

The City’s existing Trees on Private Land and Street Verges Policy seeks to increase tree canopy across the City by requiring new trees be planted on private land and street verges, when new development occurs. The existing adopted policy also requires the retention of verge trees. 

Advertised Trees on Private Land and Street Verges Policy (adopted by Council for advertising October 2024)

The draft amended policy advertised in consultation round one in late 2024 amended the existing policy to include new objectives, definitions and provisions to retain existing trees on private land and included two main parts to the review to require a development approval for tree damaging activity including the removal of a regulated tree.

There are two parts to this review. 

1. Amendments related to the introduction of 'Regulated Trees' and 'tree-damaging activity' as 'works' or 'development' that requires development approval under the City’s Town Planning Scheme No. 24 in certain circumstances.

2. Administrative amendments to properly reference recent changes by the State Government to the Residential Design Codes.

 Currently advertised Tree Retention Policy (adopted by Council for advertising May 2025)

The draft amended policy the City is seeking community feedback on amends the existing adopted policy as follows:

• Title of Policy changed to Tree Retention Policy.
• Scope of the policy applied to all zoned land and removes the application of the policy to street verges and verge trees.
• Policy scope expanded to apply to all new developments on zoned land.
• Policy scope expanded to stipulate the policy does not apply to existing development and new and existing single houses.
• Exemptions section included to clarify when development approval of tree damaging activity is not required including maintenance pruning.
• Inclusion of specific criteria to specify when/when not tree damaging activity or tree removal would be considered.
• Inclusion of policy provisions to allow landowners to apply for the removal of a regulated tree or tree worthy of retention where it substantially impacts the development of a site and is subject to a tree replacement ratio of 2:1.
• Incentives for tree retention - amended to waive fees for written planning advice relating to a regulated tree, tree replacement incentives and development incentives such as increased site cover where a tree is retained.

Town Planning Scheme No. 24 and the Urban Tree Planting and Maintenance Policy already contain the necessary planning framework for consideration of verge trees and additional replication on the draft policy is not necessary.

The criteria within the policy is based on the Western Australian Local Government Association's (WALGA) Tree Retention Model Local Planning Policy. The criteria were developed to reflect larger trees which contribute to the City’s urban canopy.

The loss of large canopy trees is considered to have the greatest impact on amenity and, as such, the proposed criteria was seen as an appropriate balance between protection of trees and residents’ ability to manage vegetation on their properties.

Trees that are considered a 'Regulated Tree' will require Development Approval prior to removal or undertaking any 'tree-damaging activity' that is not considered 'maintenance pruning' as part of a new residential development (excluding single houses) and non-residential development.  

A Regulated Tree is any living tree which meets one of the following criteria: 

a) Is 8 metres or more high, and/or

b) Has an average canopy diameter of at least 6 metres, and/or 

c) Has a truck circumference of at least 1.5 metres, measured 1.4 metres above the ground, and 

d) Is a species that is not included on State or local area weed registers.

Tree-damaging activity means any of the following:

a) The killing or destruction of a tree

b) The removal of a tree

c) The severing of branches, limbs, stems or trunk of a tree

d) The ringbarking, topping or lopping of a tree

e) Storing building materials within the tree protection zone and/or rinsing or discarding of alkaline or other building products in the verge area

f) Any other substantial damage to a tree.

Maintenance pruning is not considered to be a 'tree-damaging activity'.

An 8-metre-high tree can generally be compared to the top of the roof of a two-storey house: 

Maintenance pruning involves selectively removing parts of a tree like a branch and focuses on removing dead, diseased or damaged growth.

Maintenance pruning is allowed to be undertaken without a development approval. If the pruning does not meet the maintenance pruning criteria provided below, development approval will be required prior to undertaking pruning as part of a new development.

1. the pruning involves removing dead or diseased wood only; or
2. the pruning is the first pruning of the tree in the calendar year and affects less than 10% of the canopy, not altering the overall shape of the canopy; or
3. the pruning is of a fruit tree and done for fruit production; or
4. the pruning does not include removing limbs with a diameter of 100mm or more; or
5. the pruning is otherwise minor maintenance or thinning of the crown that does not adversely affect the health or general appearance of the tree; and 
6. the pruning is undertaken in accordance with the standard for Pruning Amenity Trees ASNZ4373.

Where a Regulated Tree is located on your neighbour's property and is encroaching/overhanging onto your land, development approval is not required to prune the portion of the tree on your existing land. If you need to prune a Regulated Tree located on your neighbour's property, the City recommends liaising with your neighbour to discuss the pruning in the first instance.

This policy applies to all zoned land within the City of Bayswater under Town Planning Scheme No. 24 (TPS 24) in the circumstances below for any tree-damaging activity to a regulated tree:

1. Development applications for new grouped dwellings, new multiple dwellings and new non-residential developments.
2. Demolition applications for heritage places.
3. Subdivision referrals and subdivision clearance applications.
4. Strategic planning proposals including precinct and structure plans.
5. State Government projects.

The draft policy does not apply to your existing single house, and you can continue to manage your garden and plant or remove trees as desired without requiring development approval.  

If alterations or additions are proposed to your house and development approval is required for the alteration or additions, the provision of new trees will be considered under the requirements of the Residential Design Codes which require the provision of one tree per site with a minimum planting area of 2m radius.

A single house - a dwelling standing wholly on its own green title or survey-strata lot, together with any easement over adjoining land for support of a wall or for access or services and excludes dwellings on titles with areas held in common property.

The policy will not apply to new or existing single houses including alterations and additions to existing single houses.

A grouped dwelling - a dwelling that is one of a group of two or more dwellings on the same lot such that no dwelling is placed wholly or partly vertically above or below another, except where special conditions of landscape or topography dictate otherwise, and includes a dwelling in a strata titles scheme with common property.

The policy will apply to new grouped dwelling developments only but will not apply to existing grouped dwellings i.e. an existing triplex strata development.

A multiple dwelling - a dwelling in a group of more than one dwelling on a lot where any part of the plot ratio area of a dwelling is vertically above any part of the plot ratio area of any other but does not include a grouped dwelling; and includes any dwellings above the ground floor in a mixed-use development.

The policy will apply to new multiple dwelling developments only but will not apply to existing multiple dwellings i.e. an existing block of flats/units.

The draft policy only applies to new residential and non-residential developments and subdivisions and would be applicable in the event of your quarter acre lot being subdivided or re-developed for grouped or multiple dwellings or a non-residential development.  

In considering a subdivision or development application on a vacant lot, the City will recommend tree retention where practicable. If regulated trees are positioned on the lot in a location where tree retention would substantially reduce the development potential of the site (i.e. where an accessway would be required or in the centre of the lot), removal of the regulated tree can be proposed as part of a development application, subject to a tree replacement ratio of 2:1 tree.

A non-residential development relates to commercial, industrial developments, and change of use developments.

Any development for residential development will be assessed against the requirements of Town Planning Scheme No. 24 and the Residential Design Codes which require the provision of one tree per 350m2 / site and provide opportunities for tree retention and tree provision under the existing statutory controls.

The policy only applies to new development and recommendations on subdivision applications and demolition permits for heritage properties; it does not restrict existing landowners retaining or removing trees.

Landowners will, however, be required to plant new trees as part of any future subdivision and redevelopment, and are therefore encouraged to investigate the opportunities to retain trees as part of a subdivision or redevelopment before clearing a site completely.

The retention of trees on a site may provide amenity to the site and habitat for native fauna and landowners are encouraged to consider the environmental benefits of retaining mature trees as part of a subdivision or redevelopment.

The City is not the determining authority for subdivision approval and can only make recommendations to the WAPC in line with the Model Subdivision Conditions.  

The Model Subdivision Conditions include a condition to require the identification of vegetation worthy of protection. As part of the subdivision condition clearance process, the City assesses the location, health and viability of the tree for its retention and makes recommendations to the WAPC on this. The City already makes these recommendations under the existing policy provisions. The City would recommend a condition to the WAPC on any relevant subdivision as follows:

“Prior to the commencement of subdivisional works, measures being undertaken to identify any vegetation on the site worthy of retention, including any potential habitat or foraging trees for threatened fauna species, and protection measures implemented to ensure such vegetation is not impacted by subdivisional works." 

An associated advice note would be recommended to refer to the City’s Tree Retention Policy.

The policy aims to introduce provisions for the removal of a regulated tree where it would substantially reduce the development potential site and provides for a tree replacement as an alternative.

Yes, if a subdivision or development approval requires the retention of a regulated tree, a subsequent development approval would be required to prune or remove this tree.

This policy applies to all zoned land within the City of Bayswater under Town Planning Scheme No. 24 (TPS 24) in the circumstances below for any tree-damaging activity to a regulated tree:

1. Development applications for new grouped dwellings, new multiple dwellings and new non-residential developments.
2. Demolition applications for heritage places.
3. Subdivision referrals and subdivision clearance applications.
4. Strategic planning proposals including precinct and structure plans.

Development approval is not required for tree-damaging activities in the following circumstances:

a) the regulated tree is on an existing single house, grouped or multiple dwelling lot that is not being redeveloped.

b) The tree does not satisfy the definition of a regulated tree

c) The tree-damaging activity is carried out in the course of works in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 Part 7 Clause 61(b) item 18:"works that are urgently necessary for any of the following

• public safety;
• the safety or security of plant or equipment
• the maintenance of essential services; or
• the protection of the environment."

d)The tree-damaging activity is required to comply with an approved Bushfire Management Plan

e) The tree-damaging activity is approved as part of a subdivision.

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

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

• A completed development application form

• A scaled site plan/site survey including the location of the Regulated Tree onsite

• Supporting Information, including but not withstanding, written justification for any proposed tree-damaging activity against the objectives of the draft Policy, 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

Development application fees are based on the value of works and are generally $147 for works up to $150,000.   

If a development application is submitted that includes the redevelopment of the site and proposes the removal of a regulated tree, the fees will be in accordance with the City’s Schedule of Fees and Charges for the development.

The following will be given due regard during the assessment process:

(a) Health, maturity, species, and location of the tree

(b) Ecological, biodiversity and environmental values of the tree

(c) Contribution of the tree to the streetscape

(d) The preservation of any other trees worthy of retention on the subject site

(e) The location of the tree within the development site and capacity for a modified building design or subdivision to maximise tree retention

(f) Any existing development on the site

(g) Design and location of proposed crossovers

(h) Topography and the potential impact from excavation/fill

(i) Possible safety risks due to tree limb failure and infrastructure and/or structural damage associated with the retaining the tree

(j) Tree Protection Zone(s) (as per AS4970)

(k) Tree replacement and/or planting proposed

(l) Recommendations of an Arborist Report, and

(m) The objectives of this Policy.

 The policy also states that development approval for tree damaging activity to a regulated tree will not be considered fin the following instances:

1. Impact on views;
2. The tree variety is disliked;
3. The tree variety causes nuisance by way of leaf, fruit or bark shedding or the like; or
4. The tree impacts on private gardens, solar installations, swimming pools or the like.

An applicant has the right of review at the State Administrative Tribunal against a decision made or a condition attached to a determination. Such an application must be lodged within 28 days of the date of the determination.

The policy requires one tree be planted for every 350m2 of site area for all new grouped and multiple dwelling residential developments and all new non-residential developments.

The policy also requires new trees be provided with a 4m diameter tree growth zone.

For existing and proposed single houses and existing grouped and multiple dwelling developments, tree provisions will not fall under this policy and will be required under the Residential Design Codes at a rate of one small tree per site.

For existing non-residential developments, tree provisions will be required under Clause 8.3.9.4 of Town Planning Scheme No.24 that requires the provision of one tree per 350m2 of site area and allows for a reduction in the number of required trees when a tree worthy of retention is to be retained.