FAQs
- 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.
- The tree is identified in a local planning policy as an unwanted species
- Tree pruning in accordance with Australian Standards for Pruning of Amenity Trees (AS4373)
- Tree pruning or removal required for bushfire management purposes, in accordance with the Bush Fires Act 1954
- Tree pruning or removal to achieve necessary clearances from utilities
What trees would be covered by Amendment No. 12?
Scheme Amendment No. 12 applies to trees meeting any of the following criteria:
Appendix 1 of Draft Local Planning Policy – Trees on Private Land contains a list of trees which would be exempt from the requirements of Scheme Amendment No. 12, due to being a potential environmental weed species and/or susceptible to pest and disease attack.
Where would Amendment No. 12 apply?
Scheme Amendment No. 12 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.
What activities affecting trees would be covered by Amendment No. 12?
Where a tree meets any of the above criteria, it is proposed that development approval would be required to remove, destroy or damage that tree. Scheme Amendment No. 12 includes the following exemptions from this requirement:
What if my neighbour’s tree was encroaching on my land?
Pruning a neighbouring tree branch or root back to the shared property boundary could occur without seeking approval, provided that the pruning is undertaken in accordance with Australian Standards for Pruning of Amenity Trees (AS4373). A qualified arborist would be able to assist you with meeting these standards.
Where cutting back the tree is not undertaken in accordance with Australian Standards for Pruning of Amenity Trees (AS4373), you would be required to seek a Development Approval for any works on your side of the property boundary.
When would approval be required for pruning?
Pruning of a tree could occur without seeking approval, provided that the pruning is undertaken in accordance with Australian Standards for Pruning of Amenity Trees (AS4373). A qualified arborist would be able to assist you with meeting these standards.
Where cutting back the tree is not undertaken in accordance with Australian Standards for Pruning of Amenity Trees (AS4373), you would be required to seek Development Approval.
How would I apply for approval to remove a tree covered by Amendment No. 12?
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.
How would applications be assessed?
Development applications for tree removal, destruction or damage would be assessed against Local Planning Policy – Trees on Private Land. This draft Policy outlines that there is to be a presumption in favour of tree retention unless either of the following is demonstrated by the applicant, to the satisfaction of the City:
a) An arboriculture report demonstrates that the tree ought to be removed due to its health, structural stability or risk to life or property; or
b) Redesign of the development to support tree retention is not feasible.
Where removal of a tree is supported by the City, replacement trees would be required.
What would the fees be?
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 removal, destruction or damage, the development application fee would be $147.
What if a landowner objects to a decision?
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.
What is the process from here?
Scheme Amendment No. 12
A 90-day consideration period for a complex scheme amendment applies after the end of the submission period, in which the City must consider all submissions and Council must pass a resolution to support, support with modifications or not support the Amendment.
Once Council has made their decision on the Amendment, all documents will be referred to the Western Australian Planning Commission (WAPC). The WAPC will consider the proposed Amendment and submissions before delivering a recommendation to the Minister for Planning. The Minister will then make the final decision on whether the Amendment will proceed to be Gazetted and placed in the Scheme, or if it will not be supported.
Draft Local Planning Policy - Trees on Private Land
The Policy proposes to replace the deemed-to-comply requirements of Clause 5.3.2 Landscaping (C2.2) of the R-Codes Volume 1. Therefore, this section of the Policy will require the approval of the WAPC.
Following the advertising period, and referral to the WAPC, 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.