If you’re a homeowner in Victoria planning a renovation, extension, or new build and there are significant trees on your property, there’s a planning provision that may directly affect your project. Clause 52.37 — Canopy Trees in the Victorian Planning Provisions is something every private landholder with established trees should understand before lodging a planning application — or before calling a tree company.
What is Clause 52.37?
Clause 52.37 is a provision in the Victorian Planning Provisions introduced to ensure that canopy trees are properly considered before they are removed as part of residential development. It applies across Victoria and is designed to slow the loss of mature canopy trees in suburban and peri-urban areas — trees that take decades to grow and provide irreplaceable amenity, shade, and habitat value to local neighbourhoods.
In simple terms, if you want to remove a canopy tree as part of a planning permit application, Clause 52.37 means you’ll need to justify that removal — and in most cases, offset it with replacement planting.
Does it apply to your property?
Clause 52.37 applies when a planning permit application for residential development proposes the removal, destruction, or lopping of a canopy tree. A canopy tree under the clause is defined as a tree that has, or is expected to reach, a height of nine metres or more at maturity.
This definition captures a very wide range of trees commonly found in suburban Melbourne backyards — including eucalypts, elms, oaks, planes, liquid ambers, and many others. If you have established trees on your property and are planning works that require a planning permit, there’s a good chance Clause 52.37 applies.
What does it mean in practice?
If your planning application proposes the removal of a canopy tree, Clause 52.37 requires you to demonstrate two things:
That the removal is genuinely necessary — you’ll need arboricultural documentation that demonstrates why the tree cannot be retained in association with your proposed development. This means engaging a qualified arborist to assess the tree’s condition, its retention value, and the impact your proposed works will have on its long-term viability.
That the loss will be offset — where removal is approved, replacement planting is required. The number and size of replacement trees is determined by council and can be substantial. For a large, healthy canopy tree, the replacement planting requirement may surprise you — and the cost of sourcing, planting, and maintaining advanced-size replacement trees is a real consideration in your project budget.
What if I just remove the tree before lodging my application?
This is a question that comes up more often than you might expect — and the answer is straightforward. Removing a canopy tree before lodging a planning application does not avoid the Clause 52.37 obligation. Councils are well aware of this approach and will assess the application on the basis of what was there — with potentially greater scrutiny applied as a result.
Unauthorised removal of a protected tree can result in infringement notices, enforcement action, and replacement planting orders that are significantly more onerous than what would have been required through the proper permit process.
It’s not just Clause 52.37
It’s important to understand that Clause 52.37 is one layer of a broader set of tree protections that may apply to your property. Your local council may also have:
- A Vegetation Protection Overlay or Significant Landscape Overlay that applies independently of the state planning provisions
- Local Laws that regulate tree removal on private land outside of the planning permit process
- A significant tree register that lists individual trees by address
Each of these controls can apply independently — meaning a tree on your property may be subject to multiple layers of protection, all of which need to be considered before any works are undertaken. A qualified arborist familiar with your local planning scheme can help you navigate what applies to your situation.
What should you do?
If you’re planning works that may affect trees on your property, the best thing you can do is engage a qualified arborist early — before your design is finalised and before any permit applications are lodged. Understanding which trees are protected, what the permit requirements are, and whether your proposed design can be modified to retain significant trees will save you time, money, and stress down the track.
At Shelterwood Consulting Arborist, we prepare arboricultural assessments for private landholders navigating Clause 52.37 and local council tree controls — giving you clear, straightforward advice about the trees on your property and what your obligations are before you build.
Planning works on your property that may affect established trees? Get in touch with Shelterwood Consulting Arborist before you start. 📞 0417 526 476 | ✉️ shelterwoodarb@gmail.com