Trees on Private Land - Scheme Amendment 12 and Draft Local Planning Policy

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Consultation has concluded

UPDATE: The amendment and policy were supported by Council at the 28 March 2023 Ordinary Council Meeting with no changes. The scheme amendment will now be referred to the Western Australian Planning Commission for review and recommendation. Following that, the Minister for Planning will make the final decision. 

The entire process may take several months before a final decision is made. Until then, the City will continue to work with landowners and developers to encourage the retention of trees.

To view the Officer's report please see the Agenda or Minutes of the 28 March 2023 Ordinary Council Meeting on this page.

Background

Tree-lined streets and green, leafy gardens form a vital component of the character of the City of Nedlands. The City’s Strategic Community Plan, Nedlands 2028, includes the following vision: “Our gardens, streets, parks and bushlands will be clean, green and tree-lined and we will live sustainably within the natural environment”. Nedlands 2028 also identifies reduced tree canopy as a strategic issue facing the community.

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.

Scheme Amendment No. 12

If gazetted, Scheme Amendment No. 12 would introduce the requirement to obtain development approval from the City for the removal of large canopy trees on private land in low residential density areas (R20 and below). The intent of this scheme amendment is to allow consideration of whether tree removal is appropriate.

Draft Local Planning Policy – Trees on Private Land

Draft Local Planning Policy – Trees on Private Land (LPP) has been prepared in support of Scheme Amendment No. 12. If approved, the LPP will guide the assessment of development applications received for tree removal, and guide the provision of new trees within low density residential areas. This LPP outlines that there is to be a presumption in favour of tree retention unless certain criteria are met.

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

  • Criteria against which development applications for tree removal will be assessed;
  • Requirement for an arboriculture report to be provided with an application for tree removal;
  • Requirements for replacing existing trees, where removal is supported by the City; and
  • Requirements for the protection of retained and planted trees.

What is happening now?

Council adopted Amendment No. 12 for advertising at their 28 June 2022 meeting. The Western Australian Planning Commission subsequently examined the amendment under regulation 37(4) of the Planning and Development (Local Planning Schemes) Regulations 2015 and advised that it was suitable to advertise on 5 September 2022.

Council adopted draft Local Planning Policy – Trees on Private Land for the purpose of advertising at their 23 August 2022 meeting.

Amendment No. 12 and draft Local Planning Policy – Trees on Private Land will now be advertised concurrently for a period of 60 days, from 10 October – 11 December 2022.

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: Scheme Amendment No. 12 and/or Draft Trees on Private Land LPP
  • Full name
  • Address
  • Email address
  • Telephone number
  • Whether your submission is in relation to Scheme Amendment No. 12 and/or the Draft Trees on Private Land LPP
  • Address of property affected (if applicable)
  • Whether you support or object to Scheme Amendment No. 12 and/or the Draft Trees on Private Land LPP, or if you are providing comment only.

Feedback received will be taken into consideration prior to the amendment and 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.

UPDATE: The amendment and policy were supported by Council at the 28 March 2023 Ordinary Council Meeting with no changes. The scheme amendment will now be referred to the Western Australian Planning Commission for review and recommendation. Following that, the Minister for Planning will make the final decision. 

The entire process may take several months before a final decision is made. Until then, the City will continue to work with landowners and developers to encourage the retention of trees.

To view the Officer's report please see the Agenda or Minutes of the 28 March 2023 Ordinary Council Meeting on this page.

Background

Tree-lined streets and green, leafy gardens form a vital component of the character of the City of Nedlands. The City’s Strategic Community Plan, Nedlands 2028, includes the following vision: “Our gardens, streets, parks and bushlands will be clean, green and tree-lined and we will live sustainably within the natural environment”. Nedlands 2028 also identifies reduced tree canopy as a strategic issue facing the community.

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.

Scheme Amendment No. 12

If gazetted, Scheme Amendment No. 12 would introduce the requirement to obtain development approval from the City for the removal of large canopy trees on private land in low residential density areas (R20 and below). The intent of this scheme amendment is to allow consideration of whether tree removal is appropriate.

Draft Local Planning Policy – Trees on Private Land

Draft Local Planning Policy – Trees on Private Land (LPP) has been prepared in support of Scheme Amendment No. 12. If approved, the LPP will guide the assessment of development applications received for tree removal, and guide the provision of new trees within low density residential areas. This LPP outlines that there is to be a presumption in favour of tree retention unless certain criteria are met.

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

  • Criteria against which development applications for tree removal will be assessed;
  • Requirement for an arboriculture report to be provided with an application for tree removal;
  • Requirements for replacing existing trees, where removal is supported by the City; and
  • Requirements for the protection of retained and planted trees.

What is happening now?

Council adopted Amendment No. 12 for advertising at their 28 June 2022 meeting. The Western Australian Planning Commission subsequently examined the amendment under regulation 37(4) of the Planning and Development (Local Planning Schemes) Regulations 2015 and advised that it was suitable to advertise on 5 September 2022.

Council adopted draft Local Planning Policy – Trees on Private Land for the purpose of advertising at their 23 August 2022 meeting.

Amendment No. 12 and draft Local Planning Policy – Trees on Private Land will now be advertised concurrently for a period of 60 days, from 10 October – 11 December 2022.

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: Scheme Amendment No. 12 and/or Draft Trees on Private Land LPP
  • Full name
  • Address
  • Email address
  • Telephone number
  • Whether your submission is in relation to Scheme Amendment No. 12 and/or the Draft Trees on Private Land LPP
  • Address of property affected (if applicable)
  • Whether you support or object to Scheme Amendment No. 12 and/or the Draft Trees on Private Land LPP, or if you are providing comment only.

Feedback received will be taken into consideration prior to the amendment and 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.