Do I Need a Council Permit to Remove a Tree in Melbourne?

One of the most common questions we get at TLC is, "Do I need a permit to cut down this tree?" In Melbourne, the answer is usually yes, but it depends entirely on your local council and the specifics of the tree in question — so it is worth checking before you book any tree removal work.

The State-Wide Rule: Clause 52.37

Since 15 September 2025, Clause 52.37 (Canopy Trees) has applied to every planning scheme in Victoria under Amendment VC289. It set a baseline that applies in most residential zones — General Residential, Neighbourhood Residential, Residential Growth, Mixed Use, Housing Choice and Transport — whether or not your property carries a vegetation overlay. Low Density Residential Zone is excluded.

A canopy tree is one meeting all three of:

• Height: more than 5 metres.
• Trunk circumference: more than 0.5 metres, measured 1.4 metres above ground.
• Canopy: at least 4 metres in diameter.

Whether you need a permit then depends on where the tree stands:

• Existing dwelling, no development proposed: a permit is required only for a boundary canopy tree — one whose trunk sits within 6 metres of the narrowest street frontage or 4.5 metres of the rear boundary. Measure from the legal boundary, not the fence.
• Vacant land, or a development application in play: a permit is required for any canopy tree on the site.

Clause 52.37 does not replace your council's overlays or local laws — it sits alongside them, and where both apply, the stricter control wins.

Council Overlays Still Apply

On top of the state rule, your property may sit under a planning overlay with its own, often lower, trigger:

• Significant Landscape Overlay (SLO) or Vegetation Protection Overlay (VPO) — thresholds vary by council and schedule. In the City of Monash, for example, a VPO permit is triggered at over 10 metres tall with a trunk circumference over 50cm measured 1.2 metres above ground.
• Environmental Significance Overlay (ESO) — common across Knox and the outer east.
• Clause 52.17 — protects native vegetation on sites larger than 4,000 square metres, regardless of zoning.
• Street trees — always council-owned, and always require approval.

Overlay coverage is parcel-specific. Two neighbouring properties can sit under different controls, so the only reliable check is your own address. Planning controls verified September 2026.

Exemptions: When You Might Not Need a Permit

There are some common exemptions where a permit may not be required:

• Dead Trees: If the tree is entirely dead (this usually requires confirmation from a qualified arborist).
• Immediate Hazard: If the tree poses an immediate risk to life or property (e.g., after a storm). You must usually provide photographic evidence and an emergency arborist report — see our emergency tree services.
• Weed Species: Certain declared noxious weeds or environmental weeds (like some Willow or Privet species) are often exempt.
• Proximity to Dwellings: Some councils allow the removal of trees if they are within a certain distance (e.g., 2-3 metres) of an existing dwelling.

How TLC Can Help

Navigating council regulations can be stressful. At TLC, our AQF Level 5 Consulting Arborists provide comprehensive Arborist Reports that clearly state the health and structure of your tree. We assist with the permit application process, ensuring you have the best chance of approval without facing hefty council fines.