A major change affecting residential land across Victoria
A new planning scheme amendment — VC289 — has been gazetted and now applies to all planning schemes across Victoria. The amendment introduces a state-wide planning permit requirement for the removal, destruction or lopping of canopy trees on residential land, representing a significant shift in how tree removal is regulated.
For homeowners, developers and consultants alike, this amendment changes what can (and can’t) be done on residential lots — even where no local tree controls previously applied.
What does Amendment VC289 do?
Amendment VC289 inserts a new Clause 52.37 (Canopy trees) into the Victoria Planning Provisions and every Victorian planning scheme.
In practical terms, it introduces a planning permit trigger to remove, destroy or lop a canopy tree on land in residential zones (excluding the Low Density Residential Zone).
A canopy tree is defined as a tree that:
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Is greater than 5 metres in height, and
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Has a trunk circumference greater than 0.5 metres
Where a lot contains an existing dwelling or a permit for one or more dwellings, a permit is required only if the tree is located:
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Within 6 metres of the street frontage, or
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Within 4.5 metres of the rear boundary
This is a deliberate policy choice to protect trees in areas less likely to be developed while still allowing housing outcomes to be delivered.
Replacement tree requirements now apply
Clause 52.37 does not simply regulate removal — it also introduces mandatory replacement canopy tree requirements.
When assessing an application, the responsible authority must consider:
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Whether removal or lopping is appropriate, and
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Whether replacement canopy trees are provided to meet the minimum requirements set out in the clause
This means tree removal is no longer a binary “yes or no” — it is now explicitly linked to net canopy outcomes.
A streamlined (but different) assessment process
Applications under Clause 52.37 are assessed via a VicSmart process, and importantly:
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Are exempt from notice and review
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Are exempt from Clause 65 decision guidelines
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Are exempt from certain Section 60 matters of the Planning and Environment Act
This represents a departure from standard planning assessment and is intended to streamline decision-making while still achieving environmental outcomes.
Why has this change been introduced?
Amendment VC289 implements Action 12 of Plan for Victoria, which seeks to:
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Protect existing canopy trees
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Increase urban canopy cover to 30%
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Address urban heat, climate resilience, biodiversity and liveability
The amendment sits alongside recent state policy changes introduced through Amendment VC283, including:
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Clause 12.06-1S (Urban forests)
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Clause 13.01-3S (Urban heat)
Together, these changes reflect a clear and ongoing state policy direction toward stronger urban greening controls.
How does this interact with bushfire and safety requirements?
The new controls:
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Do not apply to rural zones
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Do not override Bushfire Management Overlay requirements
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Allow exemptions for:
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Safety and emergency works
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Creation of defendable space
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Public works and prescribed activities
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Minor lopping and weed removal
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Responsible authorities must still consider bushfire risk when assessing tree retention or removal.
What does this mean in practice?
For property owners and developers, Amendment VC289 means:
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Tree removal that previously required no permit may now need approval
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Early site analysis is more important than ever
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Tree retention and replacement must be considered at concept design stage
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Assumptions about “no tree controls” on residential land are no longer reliable
For consultants, it introduces a new universal control that must be checked on every residential site — regardless of municipality.
Need advice on how this affects your site?
This amendment applies state-wide and will impact a broad range of residential projects, from single dwellings to multi-unit developments.
If you’re unsure how Clause 52.37 affects your land or proposal, we can provide clear, site-specific advice and guide you through the approval process.