Local Planning Policy 3.3 - Tree Retention

Council at its July 2024 Ordinary Council Meeting adopted Local Planning Policy 3.3 - Tree Retention. This Policy is available as part of the City's Local Planning Documents accessed via the City's website. Copies can also be viewed at the City's Administration Building located at 71 Stirling Highway, Nedlands, WA, 6009.

The City is seeking to protect large canopy trees on low density residential land by requiring that a development application be submitted for any tree damaging activity (including removal, and with exemptions for common pruning) to a tree of a specified size (regulated tree).

Background

Tree-lined streets and green, leafy gardens form a vital component of the character of the City of Nedlands. The City’s Council Plan includes the following vision: "We aspire to live sustainably within the natural environment, clean and green with a healthy, growing urban forest." The plan also includes a specific objective to grow the urban forest.

Protecting the urban tree canopy 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; and
• Maintaining the City’s ‘leafy green’ character.

Under the existing planning framework, development approval is not required for the removal of large canopy trees from private property and, therefore, land can be entirely cleared prior to lodging a development application.

The City introduced a similar scheme amendment (Scheme Amendment 12) in 2022, which was refused by the Minister for Planning this year. This draft LPP is based on a template from the Western Australian Local Government Association (WALGA) and was created after they received extensive legal advice that local governments have the ability to implement tree protection measures through a policy pathway.

Draft Local Planning Policy 3.3 - Tree Retention

Draft Local Planning Policy 3.3 - Tree Retention (LPP) introduces the requirement to obtain development approval from the City for tree damaging activity of large canopy trees on private land in low residential density areas (R20 and below). The LPP does this by defining the removal of a tree of a specified size to be works requiring a development approval.

The LPP will also guide the assessment of development applications received for tree removal by setting out the assessment criteria the City will use to determine whether removal is appropriate. There is to be a presumption in favour of tree retention unless certain criteria are met. Generally, this would mean that trees in front, rear and side setback areas should be retained.

The need for development approval for removal of a tree would apply even in the event where a proposed development would not otherwise require approval. For instance, a single house that meets the deemed-to-comply criteria would still need to submit a development application for removal of trees of a specified size.

LPP 3.3 Summary

The key elements of the local planning policy are as follows:

• Defines a 'regulated tree' and 'tree damaging activity';
• Requires that tree damaging activity of a regulated tree requires planning approval;
• Sets out exemptions from requiring approval, including for public safety and general pruning;
• Sets out criteria against which development applications for tree damaging activities will be assessed; and
• Requires that an arboriculture report to be provided with an application for non-exempt tree damaging activity of a regulated tree.

Based on comments received during the consultation process of Scheme Amendment 12, provisions for general maintenance and pruning have been simplified to provide more certainty for landowners seeking to prune their own trees. Most notably, the provision for adherence to Australian Standards for pruning has been replaced with a provision that tree pruning is done in a manner that does not harm the overall health of a tree.

What is happening now?

Council adopted draft Local Planning Policy 3.3 – Tree Retention for the purpose of advertising at their 23 April 2024 meeting.

The LPP will now be advertised for a period of 28 days, from 7 May – 28 May 2024.

City Officers are available to discuss the proposal during normal business hours over the phone, in person by appointment, or via email. Additionally, City Officers will be available to discuss the proposal afterhours in the City’s Council Chambers on 22 May 2024 between 4:00pm and 6:00pm. Due to the capacity of the meeting room, appointments are essential to be able to attend this afterhours Community Information Session. Please note this is an informal chance to discuss the proposal with the City’s Planning Officers, and there is no formal presentation. To secure your appointment, please contact the City on planning@nedlands.wa.gov.au.

Members of the community are invited to make a submission online through the Your Voice page, via email at planning@nedlands.wa.gov.au, or by sending hard copy submissions to the City's Administration Building at 71 Stirling Highway, Nedlands, WA 6009. For email and hard copy submissions, please include:

• Subject line: Draft Tree Retention LPP
• Full name
• Address
• Email address
• Telephone number
• Address of property affected (if applicable)
• Whether you support or object to the Draft Tree Retention LPP, or if you are providing comment only.

Feedback received will be taken into consideration prior to the local planning policy being provided back to Council. Please note that written submissions are not considered confidential and may be published in Council agendas.

Have a question?

Check out our Frequently Asked Questions.

For any further enquiries, or to arrange a time to come into the City to speak with a Planner, please contact the City’s Strategic Planning team via email at planning@nedlands.wa.gov.au or call 9273 3500.