FAQs

LPP 3.3 defines a regulated tree as one that meets any of the following criteria:

• Canopy diameter of 6m or greater; 
• Height of 8m or greater; 
• In the case of a tree with a single trunk, a trunk circumference of 1.5m or greater, measured 1.4m above the ground; and/or
• In the case of a tree with multiple trunks, a total trunk circumference of 1.5m or greater, with an average trunk circumference of 625 millimeters or greater, measured 1.4m above the ground.

Appendix 1 of the LPP contains a list of tree species which would be exempt from the requirements for development approval, due to being a potential environmental weed species and/or susceptible to pest and disease attack.

The Policy would only apply to properties zoned Residential, with a density code of R20 or below. You can check the density coding of your property using the City’s Intramaps.

The draft Policy proposes that development approval would be required for any tree damaging activity that is not exempt elsewhere in the policy. Tree damaging activity is defined in the Policy as:

a)    The killing or destruction of a tree; and/or

b)    The removal of a tree; and/or

c)    The severing of branches, limbs, stems or trunk of a tree; and/or

d)    The ringbarking, topping or lopping of a tree; and/or

e)    Any other substantial damage to a tree. 

The Policy includes the following exemptions from the requirement to obtain development approval:

• The tree is identified in the Policy as an unwanted species;
• General maintenance pruning, defined as 
  • Pruning that:

a) involves removing dead or diseased wood only; or

b) is of a fruit tree and done for fruit production; or

c)  is otherwise minor maintenance or thinning of the crown that does not adversely affect the health or general appearance of the tree, or is to balance the tree.

• Tree damaging activity required for bushfire management purposes, in accordance with the Bush Fires Act 1954;
• Tree damaging activity to achieve necessary clearances from utilities;
• The Department of Primary Regional Industries and Regional Development has issued a direction to carry out tree damaging activity (eg: removing a tree to slow the spread of the shot hole borer).

Pruning a neighbouring tree branch or root back to the shared property boundary could occur without seeking approval, provided the branch is dead, or the pruning is done to balance the tree or thin the crown in a way that does not harm the overall health of the tree. In some cases, you may wish to seek the advice of a qualified arborist. 

General maintenance pruning of a regulated tree does not require approval and is defined as:

"Pruning that:

a) involves removing dead or diseased wood only; or

b) is of a fruit tree and done for fruit production; or

c)  is otherwise minor maintenance or thinning of the crown that does not adversely affect the health or general appearance of the tree, or is to balance the tree."

This can be achieved by submitting a stand-alone development application, or by the inclusion of the tree(s) within an application for a larger development of the site. For further information on submitting a development application, visit here.

The draft Policy contains a list of criteria against which the City will assess tree damaging activity. There is a general presumption in favour of tree retention, with the following assessment criteria considered by the City:

1. Health, maturity, species, and location of the tree; 

2. Ecological, biodiversity and environmental values of the tree; 

3. Contribution of the tree to the streetscape; 

4. The preservation of any other regulated tree on the subject site; 

5. The location of the tree within the development site and capacity for a modified building design or subdivision to maximise tree retention; 

6. Interference with utility services; 

7. Any existing development on the site;

8. Design and location of proposed crossovers;

9. Topography and the potential impact from excavation/fill; 

10. Possible safety risks due to tree limb failure and infrastructure and/or structural damage associated with the retaining the tree;

11. Tree Protection Zone(s) (as per AS4970); 

12. Tree replacement and/or planting proposed; 

13. Recommendations of an Arborist Report; and 

14. The objectives of this Policy. 

Development application fees would be in accordance with the City of Nedlands Schedule of Fees and Charges. If no development is proposed, and the application is only for tree damaging activity, the development application fee would be $147.

An applicant has the right to appeal to the State Administrative Tribunal against a decision made, or a condition attached to an approval, by the City of Nedlands. Such an appeal must be lodged within 28 days of the decision being made.

Following the advertising period, the Policy will be presented back to Council to consider any submissions received and to proceed with the policy, with or without modification, or not to proceed with the policy. If Council proceeds, the Policy will then be published on the City's website and become operational.

The Policy defines tree damaging activity of a regulated tree to be works requiring development approval. As the Policy is not altering any part of the Residential Design Codes, nor is it prohibited under the Matters to be Considered of the Deemed Provisions within the Planning and Development (Local Planning Schemes) Regulations 2015, no further approval from the Western Australian Planning Commission or the Minister is required.