From 15 September 2025, new planning rules (Amendment VC289) have come into effect to protect and enhance canopy trees across Victoria. This amendment introduces a new planning permit requirement under Clause 52.37 (Canopy Trees) to remove, destroy or lop canopy trees in most residential zones (excluding the Low Density Residential Zone).

A canopy tree is generally defined as a tree more than 5 metres in height, with a trunk circumference of more than 0.5 metres, and a canopy spread of at least 4 metres.

A permit is required to remove a canopy tree:

• Anywhere on a lot where:
  • the land is vacant, or
  • the land is vacant and a single dwelling is proposed (no planning permit required).
• Within 6m of the street frontage or 4.5m of the rear boundary where:
  • the land contains an existing dwelling, or
  • the land is vacant or developed with a dwelling and a planning permit is being assessed for one or more new dwellings.

We believe that these new requirements will affect the development area available and the flexibility of housing design. However, the Minister for Planning has highlighted that the intent is not to prevent development but to ensure that site planning and housing design actively consider tree retention and provide for new canopy planting.

In addition to restrictions on tree removal, the amendment introduces minimum canopy cover requirements. Sites up to 1,000 square metres must provide 10 per cent canopy cover, while larger sites must achieve 20 per cent canopy cover. For example, a 700 square metres site is expected to provide at least four (4) canopy trees, achieved either through retaining existing trees, planting new ones, or a combination of both.

This change delivers on Action 12 of Plan for Victoria, which sets a target of achieving 30 per cent canopy cover in urban areas. Canopy trees are vital in addressing the challenges of climate change. They reduce the urban heat island effect, improve air quality, support biodiversity, provide shade and cooling, and contribute to the amenity and character of our neighbourhoods. By embedding these requirements within the Victoria Planning Provisions, the State Government recognises tree canopy as essential  for sustainable urban growth.

While the amendment will increase the number of permit applications for tree removal, applications triggered solely by this requirement can be assessed through the VicSmart process – a quicker and simpler pathway – helping to manage administrative impacts.

In most cases, however, applicants will need to engage an arborist to confirm canopy status, health and Tree Protection Zones, and prepare a landscape plan that demonstrates how canopy cover requirements will be met at maturity.

Previously, tree removals of this nature were managed through local law permits by Councils. Amendment VC289 now replaces that process for residential zones, creating a more consistent, state-wide approach to canopy tree protection.

We can see the reasoning for this amendment, however are concerned that this amendment will result in more situations where existing canopy trees are given a very high status and can see that if there are a number of trees on a site, Council will continue to favour high canopy tree retention over all other planning considerations, resulting in significant restrictions on development and challenging planning arguments seeking a more balanced position to tree protection.

To learn more about Amendment VC289 and how it may apply, visit: https://planning-schemes.app.planning.vic.gov.au/Victoria%20Planning%20Provisions/amendments/VC289

If you have any questions or would like to discuss how these changes may affect your project, please contact us on (03) 95 96 9000 or at info@keenplanning.com.au.