Tree removal permits

Trees on private land in Hobsons Bay are protected in multiples ways. This page will help you to understand if you require a permit to remove or lop a tree on private property. 

There are two types of permits issued by Council for protected trees on private property.  

  • Tree removal permit for significant trees protected by the Community Local Law.
  • Planning permit for trees protected by Hobsons Bay's Planning Scheme 52.37 - Canopy Trees.

Read each section carefully - though a tree may be exempt from a planning permit requirement for canopy trees, if the trunk circumference is 110cm or greater, a Community Local Law permit for significant trees may be required. 

Planning permit for canopy trees

Clause 52.37 – Canopy Trees applies to all Victorian planning schemes. This clause requires a planning permit to remove, destroy or lop a canopy tree in specific circumstances. The requirement applies to all residential zones.

Purpose

  • To protect and enhance canopy tree cover to support greener and cooler residential areas.
  • To maximise the retention of existing canopy tree cover where no development is proposed.
  • To ensure that development is designed to maximise the retention and long-term health of existing and new canopy trees and contributes to increasing canopy tree cover.
  • To balance the retention of existing canopy trees and residential development to meet the housing needs of Victoria’s growing population.    
  • To encourage canopy tree cover that is site and climate responsive and supports the local environment.

This means a planning permit is required to remove, destroy or lop a canopy tree.

'Canopy trees' have:

  • a height of more than 5 metres above ground level; and
  • a trunk circumference of more than 0.5 metres, measured at 1.4 metres above ground level; and
  • a canopy diameter of at least 4 metres;

AND they are a boundary canopy tree, where their trunk is within; 

  • 6 metres of the narrowest street frontage of a lot; or  
  • 4.5 metres of the rear boundary of a lot.

Read Planning Scheme clause 52.37 Canopy trees in full.

To apply for a planning permit

  1. Register or log on to Greenlight OPM - Applicant Portal
  2. Go to ‘Home’
  3. Click on ‘Planning Applications

Before you make an application, you may wish to talk to a Council planner on 1300 179 944 to find out what kind of documentation may be required for the application to be assessed or to ask the planner whether the Council is likely to support the proposal.

Community Local Law for significant trees

Council’s Community Local Law 2025 requires people to obtain a permit before interfering with, removing, damaging, destroying or killing a significant tree on private land. This includes significant trees that overhang from one property to another. 

The Local Law also requires people to seek a permit before interfering with, removing, damaging or destroying a street tree or other vegetation located on any Council Land, including reserves and foreshore reserves.

Builders or property owners undertaking building works are also required to take steps to protect trees adjacent to their building sites. Click here for more information: Building Site Code of Practice 2025 

What is a significant tree?

A ‘significant tree’ means a tree or palm on private land that:

  1. has a trunk circumference of 110cm or greater measured at 1.5 meters above ground level; or
  2. is a multi-stemmed tree on private land where the circumference of its exterior stems equals or is greater than 110cm measured at 1.5 meters above ground level; or
  3. if the tree has been removed, a circumference of 110cm or greater at its base or the circumference of multi-stems at its base.

Applies to:

  • Any situation where a person wishes to remove, destroy, damage, interfere with or kill a significant tree located on land they own or occupy.
  • Any situation where a person wishes to remove, destroy, damage, interfere with or kill a significant tree that overhangs land they own or occupy.
  • Any tree or vegetation located on any Council Land, including parks, reserves and foreshore reserves.

How do I apply for a permit to remove a significant tree on my property?

  1. Submit a permit application via the Hobsons Bay Permit Portal.
  2. Make a payment of $137. The fee will be invoiced to you after an initial review of your application to check if a permit is required. We will send you an email notification when you are required to make payment. The fee covers administrative costs associated with assessment of an application.

Concession card holders are eligible for a 50% discount of the permit fee.

Please note:

  • An application to remove a protected tree must be made by the property owner.
  • Payment of the application fee does not guarantee that a permit will be issued. There are no additional costs, regardless of whether a permit is issued. Please allow 15 business days for an application to be reviewed.

To apply for a tree removal permit

  1. Register or log on to Greenlight OPM - Applicant Portal
  2. Go to ‘Home’
  3. Click on ‘Tree Removal

Before you make an application, you may wish to talk to our Arboriculture Team on 1300 179 944 to find out what kind of documentation may be required for the application to be assessed.

Tree protection FAQ

Why are trees protected?

Established trees play an important role in the landscape of Hobsons Bay. They offer many benefits, such as cooling air temperatures during hot weather, increasing property values, providing privacy and contributing to biodiversity. It takes decades for established trees to grow to the size where they can provide the maximum benefits.

Within the urban environment, there are often pressures to remove healthy established trees to make way for infill development. If these activities are not controlled, tree canopy coverage can rapidly decrease. The reduction of tree canopy cover negatively affects our local community.

Before applying for a removal permit, please note that a permit will not be granted where a tree is healthy, structurally sound, not causing damage to property or presenting a risk to safety.  

How can I tell if my tree is protected by the Community Local Law?

All trees with a trunk circumference of 110cm or greater, measured at 1.5 m above their base are protected under the Community Local Law.

Tree removal how to measure DBH.png
Figure 1: Diagram illustrating how to measure the diameter of a trunk at 1.5m above grade

What happens when I submit a private tree removal application?

The following steps are involved in the private tree removal application review process:

  • Your application is initially reviewed by one of our senior arborists.
  • The arborist will make contact within 10 working days of receiving the application to arrange a site inspection.
  • The tree will be assessed by the arborist and a brief report will be prepared on the tree following the site visit.
  • A decision on the permit application will be provided within 10 working days of the site visit.

Do I need a permit to carry out minor works on my protected tree?

A permit is not required for minor pruning works that are carried out by a suitably qualified arborist (minimum AQF Level III) and in accordance with the Australian standard for the pruning of amenity trees (AS4373-2007).

Do I have to submit an independent arborist report with my initial private tree removal application?

An independent arborist report is not required to be included in the private tree removal application. Each tree is inspected by one of our senior arborists, as part of the review process.

I am concerned that a protected tree on my property is causing structural damage to my property. Can I remove it?

Any claims that a protected tree is causing structural damage must be verified by a suitably qualified structural engineer. The engineer’s report must be enclosed within the application and must directly link the subject tree with the alleged property damage. Tree removal will only be considered if the tree is identified as causing or having an increased potential to cause major structural damage and there are no other viable means to alleviate the issue.

I intend to develop my property, but a protected tree is in the way. Can I remove it?

A key intention of the Local Law is to protect healthy established trees from being removed due to pressures that are associated with in-fill development. Healthy protected trees will not be approved for removal to facilitate a development.

I am not satisfied with the assessment and/or decision on my application. What can I do?

If you are not satisfied by the outcome of the Council arborist’s assessment, you are welcome to engage a suitably qualified independent arborist (minimum AQF Level V) to inspect the tree and prepare an arboriculture report. For Council to review the report, the arborist must use, and be qualified to use, a recognised tree risk assessment framework. Current industry leading tree risk assessment methods include ISA TRAQ, QTRA and VALID.