FAQs

Trees which meet the definition of a Regulated Tree would be affected by the draft LPP. The draft LPP requires development approval for any tree-damaging activity to a Regulated Tree.

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

1. Is 8.0m or more high
2. has an average canopy diameter of at least 6m
3. has a trunk circumference of at least 1.5m, measured 1.4m above the ground
   and
4. is of a species that is not included on State or local area weed register.

Tree-damaging activity means any of the following:

1. the killing or destruction of a tree
2. the removal of a tree
3. the severing of branches, limbs, stems or trunk of a tree
4. the ringbarking, topping or lopping of a tree
5. any other substantial damage to a tree.

The draft LPP applies to all land zoned under Local Planning Scheme No. 7 in the City of South Perth. This includes all private properties in the City. You can check the zoning of your property using the City’s Intramaps.

There is 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 environmental and community benefits, including:

• Mitigating the urban heat island effect
• Mitigating and adapting to the effects of climate change
• Enhancing and supporting biodiversity
• Maintaining the City’s ‘leafy green’ character.

The size was chosen to reflect larger sized 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 for a Regulated Tree was seen as an appropriate balance between protecting the most valuable canopy trees and impacting residents’ ability to manage vegetation on their properties.

Development approval is required for pruning of a Regulated Tree unless the works meet the definition of maintenance pruning which includes: 

1. removing dead or diseased wood only; or
2. 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. is of a fruit tree and done for fruit production; or
4. does not include removing limbs with a diameter of 100mm or more; or
5. is otherwise minor maintenance or thinning of the crown that does not adversely affect the health or general appearance of the tree; and
6. is undertaken in accordance with the standard for Pruning Amenity Trees Australian Standard 4373-2007 – Pruning of Amenity Trees.

Pruning of a Regulated Tree is different to pruning other trees:

General pruning advice

Landowners have a duty (e.g. to neighbours, occupiers, visitors) to take reasonable steps to ensure harm is not caused by a tree on their property. 

If a tree from a neighbouring property has branches and/or roots that encroach into your land, you are currently entitled to remove the material up to the boundary of your property without the prior approval of your neighbour. 

You must not cut the branch or root on your neighbour’s side of the boundary without their agreement, nor are you entitled to enter the neighbouring property to do this without prior permission.

Any material removed from a neighbouring tree still belongs to the tree’s owner and should be returned. Care must be taken when pruning and returning the pruned branches as you may be liable for any damage you may cause.

Pruning of a Regulated Tree

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 LPP. 

If you need to prune a Regulated Tree 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 LPP. 

An application for development approval is required to be lodged to the City with:

• A completed development application form
• A scaled site plan showing the location of the tree on the site
• Necessary supporting information (cover letter, arborist report and/or structural engineering report at the applicant’s cost etc.)

Development applications for Regulated Tree removal would be assessed against the draft LPP. The draft LPP outlines that there is to be a presumption against tree removal unless either of the following is demonstrated by the applicant, to the satisfaction of the City:

1. An arborist report and/or Structural Engineering Report demonstrates that the tree should be removed due to its health, structural stability or risk to life or property
2. Redesign of the development to support tree retention is not feasible. 

Development application fees would be in accordance with the City’s Schedule of Fees and Charges. The fee for a development application starts at $147 in financial year 2023/24.

An applicant has the right of review to 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 to which development approval is required unless approval has been obtained. Failure to obtain development 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.

Your feedback will be considered as part of the process to finalise the draft LPP before it is presented to Council for adoption. If you make a submission, we will let you know when the draft LPP will be considered by Council.