FAQs

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

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. New provisions are proposed within the existing policy to retain existing trees on private land. 

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.

Perth has the worst urban canopy among Australian capital cities, with significant tree loss occurring as a result of urban development. There is a growing pressure on the City’s urban tree canopy from infill development and climate change. Removal of mature trees from private property as part of a new development proposal or where no development is occurring at all, is experienced across the City. Protecting the urban tree canopy by preserving existing mature trees provides a range of benefits including:

• Mitigating the urban heat island effect

• Mitigating the effects of climate change

• Enhancing and supporting biodiversity, and

• Maintaining and enhancing green spaces across the City.

The policy also responds to the community's desire to retain and enhance the City’s urban canopy, which was a consistent theme during the Building Bayswater Community Engagement, Local Planning Strategy and Morley Station Precinct Structure Plan community engagement processes.

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'.

'Regulated Tree' means a living tree that - 

1. is 8m or more in height; and/or
2. has an average canopy diameter of at least 6m; and/or
3. has a trunk circumference of at least 1.5m, measured 1.4m above ground level; and
4. is a species that is not included on a State or local area weed register.

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'.

The draft Policy defines a suitable 'Arborist Report' as one which is prepared by a suitably qualified and experienced arboriculturist with a minimum qualification of Diploma of Horticulture (Arboriculture) Australian Qualification Framework (AQF 5), suitably qualified Landscape Architect, or equivalent with demonstrated experience in high level tree assessment and diagnosis.

Maintenance pruning can occur without seeking development approval. Maintenance pruning: 

(a) involves removing dead or diseased wood only, or 

(b) 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 

(c) is of a fruit tree and done for fruit production, or 

(d) does not include removing limbs with a diameter of 100mm or more, or 

(e) is otherwise minor maintenance or thinning of the crown that does not adversely affect the health or general appearance of the tree, and 

(f) is undertaken in accordance with the standard for Pruning Amenity Trees ASNZ4373.

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

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

b) 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."

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

d) The removal is carried out by the City on a street tree and the removal is considered a public work. 

The draft Policy applies to all land zoned under the Town Planning Scheme No.24 in the City of Bayswater, including all private properties.

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

Where a Regulated Tree is located on your neighbour's property and is encroaching/overhanging onto your land, development approval is required to prune the portion of the tree on your land, unless the works are maintenance pruning as defined by the draft Policy. If you need to prune a Regulated Tree located on your neighbour's property, the City recommends you liaise with your neighbour and discuss whether a development application is required to ensure compliance with the draft Policy.

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.

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 waived for applications that relate only to ‘tree-damaging activity’ to a regulated tree.

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.

 Development approval may also be considered for the following reasons:

1) The construction of 'granny flats', swimming pools and the like.

2) The tree variety is disliked or causes nuisance by way of leaf, fruit or bark shedding or the like.

3) The tree impacts on private gardens, solar installations, swimming pools or the like.

4) Other justification provided by the applicant.

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.

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 Planning and Development Act 2005.

The maximum penalties for breaching an offence provision under the Planning and Development Act 2005 are significant and are currently $200,000 in the case of a natural person and $1,000,000 in the case of a body corporate, with the potential for additional daily penalties in the case of ongoing non-compliance.