FAQs

A decision by the State Administrative Tribunal in July 2025 determined tree removal in an urban context constitutes development. This has significant implications for all local governments, including the City of Perth, as it effectively places all trees under potential protection unless exempt through the local planning framework.

The City’s current planning framework is not clear on when approval is required for any works to trees located on private property. This means that minor pruning or removal of small or damaged trees could now be interpreted as requiring development approval. The draft policy is considered the preferred approach to guide circumstances when a development application is required and how these will be assessed.

The Crawley-Nedlands neighbourhood has the highest concentration of trees on private property when compared with the other neighbourhoods.

On 30 April 2024, Council resolved to seek approval from the WAPC to advertise draft Local Planning Scheme No.3 (LPS3). Draft LPS3 will implement the actions in the Local Planning Strategy and replace all existing local planning schemes within the city, however, excludes the Crawley-Nedlands neighbourhood as it will be subject to the State Government UWA-QEII Improvement Scheme No.63 (the Improvement Scheme). 

Given that the Crawley- Nedlands neighbourhood is excluded from draft LPS3, and the timing of the Improvement Scheme coming into effect remains unknown, introducing provisions to provide certainty to landowners and development industry under the current local planning framework was considered a priority.

A separate Local Planning Policy for the remaining five neighbourhoods will be progressed after consultation of draft LPS3. 

The Department of Planning, Lands and Heritage have commenced preparation of Improvement Scheme No.63 on behalf of the WAPC. 

The UWA-QEII Improvement Scheme will replace any local planning framework, including local planning policies. 

The City does not have visibility of the timing for preparation of the Improvement Scheme, however the State Government has previously stated that it will take 2 to 3 years.  

The City anticipates that it will continue to be actively involved in the development of the planning framework for the Precinct, as a key stakeholder. It is also the City’s expectation that the State Government will undertake extensive and genuine community engagement in the preparation of the Improvement Scheme for the area. 

Should the draft policy be adopted following consultation, it will continue to apply until the Improvement Scheme takes effect. 

The draft policy demonstrates alignment with the State Government Urban Greening Strategy and the Local Planning Strategy, which includes a specific action to identify significant trees worthy of special protection and introduce planning provisions to ensure their retention. 

The City of Perth Urban Greening Strategy 2023 - 2036 sets a commitment to improve urban greening in the private realm, including protection of significant trees.

A decision by the State Administrative Tribunal (SAT) in July 2025 (Zorzi and Town of Cambridge [2025] (WASAT 77)) established that tree removal in an urban context constitutes development under the Planning and Development Act 2005.  It can therefore be interpreted that removal or damage to a tree on private land requires development approval prior to doing any works.

There are currently no specific criteria to assess tree removal or damage, as proposed through the policy. Any current applications would be assessed having regard to the objectives of any local planning scheme, policy and matters to be considered under the Planning and Development (Local Planning Schemes) Regulations 2015.

The draft policy was developed having regard to the WALGA Model Local Planning Policy (Model LPP) and the need to balance development outcomes and rights with retention of healthy trees that offer environmental and amenity value consistent with the character of the Crawley-Nedlands neighbourhood. 

The differences between the provisions of the WALGA policy and draft policy include: 

• Revised objectives to align with the City’s Local Planning Strategy.
• Additional exemptions from needing an application for development approval where works are undertaken by an Arborist in accordance with a Tree Condition Assessment.
• Additional provision for compassionate grounds in exceptional circumstances where there is a genuine medical condition.
• Expanded general provisions to guide the assessment of applications, to ensure the policy provides a transparent, place-based approach through neighbourhood principles.
• Expanded general provisions to include allowance for discretion to be applied to built form parameters.
• Expands the definition of a Regulated tree to include trees with multiple trunks.
• Clarifies the definition of Maintenance pruning by requiring works to be undertaken in accordance with Australian Standard AS/NZS 4373).
• Provides a more detailed and comprehensive definition of Tree‑damaging activity, distinguishing routine care from harmful actions, including impacts within the Tree Protection Zone in accordance with AS 4970.

The draft policy applies to private property in the Crawley-Nedlands neighbourhood within the Residential and Neighbourhood Mixed Use zones. 

Removal or major pruning of trees that meet the definition of a Regulated tree require an application for development approval, unless exempt under Table 2 of the policy. 

A Regulated tree means a living tree that —

1. is 8m or higher and/or meets at least one of the following criteria:

1. has an average canopy diameter of at least 6m; or
2. in the case of a tree with a single trunk, a trunk circumference of at least 1.5m, measured 1.4m above the ground, or 
3. in the case of a tree with multiple trunks, the total cumulative trunk circumference is at least 1.5m, with the average trunk circumference being at least 625 mm, measured 1.4 above the ground.

and

b. is of a species that that is not included on a State or local area weed register.

If a tree does not meet this definition, the policy does not apply, and no approvals are required. 

Trees that meet the definition of a Regulated tree can be pruned in without the need for an application for development approval where: 

• The extent of pruning meets the definition of Maintenance pruning. The policy defines Maintenance pruning as follows:

─ means pruning that does not harm the health, stability, or long-term viability of a tree, such as: 

1. removing dead or diseased wood; or
2. activity done to a fruit tree for fruit production; or 
3. 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; and/or
4. is undertaken in accordance with the standard for Pruning Amenity Trees ASNZ4373.

• Is undertaken by a suitably qualified arborist, in accordance with a tree condition assessment, without requiring a development application. 

If pruning goes beyond the definition of Maintenance pruning (for example, significantly alters the tree's structure, health or viability), an application for development approval is required. 

If your property is included on a Heritage List, please contact the City before undertaking pruning.

Table 2 in the draft policy lists circumstances in which the removal of a tree is exempt from the requirement to lodge an application for development approval. 

This includes essential works necessary for:

• public safety
• the safety or security of plant or equipment
• the maintenance of essential services
• protection of the environment
• the Department of Primary Industries and Regional Development or relevant authority has issued a direction to carry out tree damaging activity. A copy of this notice is to be provided to the city prior to works occurring.

Where a development application is required, the key considerations are balancing tree retention with development feasibility and a greater need for tree retention where they form part of the character of the area.

Applications will be assessed against a structured set of criteria, including:

• The tree’s contribution to neighbourhood character, with a greater need to retain in the Residential Zone. In the Neighbourhood Mixed Use zone, tree retention is still encouraged but is not mandated, unless there is no development proposed and a regulated tree contributes to the streetscape or public realm.
  
• The health and long-term viability of the tree. 
• Any structural impacts the tree may be causing to existing buildings.
• Exceptional circumstances, such as genuine medical conditions affected by the tree.

Policy provisions also allow for discretion to built form requirements to be considered where this helps additional height or changes to setbacks where this helps a development achieve the development yield and retain trees. In these instances, any discretion to built form requirements must not adversely affect the amenity, streetscape or desired character.

The policy applies two assessment pathways based on the zoning and character of the areas set in the Local Planning Strategy.

Well maintained, healthy trees are a valuable asset on properties and the benefits to biodiversity and wellbeing extend more broadly than on the property on which they are located. By engaging the services of a suitably qualified (level 5) contracting arborist to prepare a tree condition assessment and perform maintenance, landowners and residents have peace of mind their asset is being maintained. 

To support landowners maintain trees on their property, the policy introduces an exemption from the requirement to lodge an application for development approval where works are undertaken by a suitably qualified arborist in accordance with a Tree condition assessment. 

The draft policy defines a tree condition assessment as a type of arborist report that provides a quantitative and qualitative information on trees. Consideration should be given to relevant information in the following areas:

1. Correct botanical identification and common name
2. Health
3. Structure
4. Dimensions
5. Age class
6. Estimated life expectancy
7. Landscape significance
8. Heritage and/or cultural matters
9. Ecological and habitat matters
10. Location relative to existing site features
11. Other matters relevant to the site
12. Retention value

The key benefits of engaging a qualified arborist for a tree on your property are:

• Independent, expert advice
  An arborist can objectively assess tree health, structure, lifespan and risk and provide specific individual advice rather than assumptions, noting that all trees require different management practices and are located in different environments.
• Risk and safety management
  Early identification of structural defects, disease or hazards helps manage safety, may avoid emergency removals and be an insurance obligation.
• Greater development certainty
  Arborist input can identify design solutions that allow development to proceed while retaining high‑value trees, or clearly justify removal where retention is not feasible.
• Protection of valuable trees
  Arborists distinguish between mature, high‑value trees worth retaining and trees with limited longevity or contribution, ensuring effort is focused where it matters most.

Pruning a neighbouring tree branch could occur without needing approval under the policy, provided the works meet the definition of Maintenance pruning (set in the policy), or is undertaken by a suitably qualified arborist. 

It is best to discuss the works with your neighbour first. The responsibility to obtain development approval to undertake the tree damaging activity in such circumstances lies with the person undertaking the works.

Yes, unless otherwise exempt by the draft policy in Clause 4.0, the removal of a Regulated tree requires an application for development approval.