The purpose of engagement is to consult the Bayside community on the reviewed considerations for assessing Local Law tree pruning and removal permit applications on private property and permit replanting requirements.
A key action of the Urban Forest Strategy includes superseding the Management of Tree Protection on Private Property Policy (the current policy) to increase protection of more trees and strengthening alignment between planning and local law permit applications and the Bayside Landscape Guidelines.
The current policy has been reviewed to support the Urban Forest Strategy’s objective of maintaining our existing canopy cover across Bayside and avoiding further decline.
The Local Law matters of consideration relate to the assessment criteria for tree pruning and removal applications, and aligning replanting requirements with the proposed Urban Forest Strategy Precinct Plans with minimum replanting requirements.
Through this project, tree control considerations for Local Law permit applications will move into the Local Law Guidelines (Clause 21), superseding the current Management of Tree Protection Private Property Policy. That policy will then be rescinded.
The Local Law Guidelines maintain current exemptions such emergency provisions and pruning by qualified arborists and simplify assessment considerations to relevant tree matters or legal requirements.
Project impacts
We’re improving how we protect large healthy trees on private property and how we support vulnerable residents to manage issues with large trees.
The changes proposed by this engagement do not include changing the size criteria of the Local Law definition of a “protected tree” nor any other provisions of the Local Law.
The review supports delivery of the Urban Forest Strategy to ensure we protect and maintain our existing canopy cover across the Bayside municipality and strengthening alignment between planning and local law permit application assessments and outcomes.
As part of this project, we're also planning to include special considerations for more vulnerable residents so, when a protected tree is causing a major issue, we can either support them with services to retain and manage their tree(s) or recommend tree removal. These considerations could include access safety, disability, financial hardship or complex medical needs.
The impacts of the project will result in Council continuing to consider and administer Local Law tree pruning and removal applications for trees on private property. If the project does not proceed the current policy will continue to guide assessment of Clause 21 of the Local Law.
What information do we need from the community?
We’re seeking community and stakeholder feedback on the proposed Local Law Guidelines updates for tree pruning and removal applications and replanting requirements to ensure that they align with community expectations and aspirations.
What can the community influence?
- Special considerations for disability, access safety, financial hardship or complex medical needs to support vulnerable residents either retain their tree(s) or permit the tree removal.
- Removing some permit assessment considerations, such as consideration for the number of other protected trees on the site, or neighbours' support for removal to protect more large, healthy trees
- Proposed replanting requirements for every tree removed to increase canopy and middle/understorey planting.
- Applying the Bayside Landscape Guidelines and Urban Forest Strategy Precinct Plans to inform replanting requirements, such as appropriate species selection for the area.
- Replacing the Management of the Tree Protection on Private Property Policy with updated Local Law guidelines for Tree Protection, including assessment of Tree Habitat Value.
What can’t the community influence?
- The size criteria of a tree that requires a Local Law permit to remove
- Bayside Urban Forest Strategy – adopted by Council in February 2022
- Amendments to the Local Law
- Permit exemption provisions of the Local Law Guidelines (these are not proposed to be changed)
- How risk and relevant arboriculture matters are assessed
- Tree Habitat Assessment Matrix
- Implications of Building Permits necessitating removal of a tree
- Bayside Landscape Guidelines. These guidelines are expected to be reviewed in late 2023 to early 2024.
Stakeholders and community
Stakeholder / community | Impact | Interest | Influence |
Arborists | H | H | Consult |
Bayside ‘friends of’ and environmental groups | L | H | Consult |
Bayside community and advocacy groups, including:
| M | H | Consult |
First Nations people/ Traditional landowners | L | M | Consult |
General Bayside Community | L | M | Consult |
Selected tools and techniques
Key tools for communicating the project
- Email notification to Have Your Say subscribers and key stakeholder groups.
- Council website and This Week in Bayside e-newsletter
- Direct email to key stakeholders
- Have Your Say project webpage.
Key methods for gathering feedback
- Online engagement through Have Your Say, including opportunities to ask questions and provide feedback.
- Written statements and other correspondence.
- Bookable meetings with a Council officer.
Project timelines
- 5 July 2023 – 13 August 2023: Community consultation on proposed Local Law Guideline updates
- September 2023 – October 2023: Consideration of community feedback and amendments to the draft Local Law Guidelines
- November 2023: Council to consider report on community feedback and adoption of the proposed Local Law Guidelines.
Decision-making process
Community engagement on the proposed Local Law Guideline updates will commence from 5 July 2023 – 13 August 2023.
Council is expected to consider the findings of the community engagement alongside the proposed Local Law Guideline updates for adoption at its November 2023 meeting.
Please select the blue “+Subscribe” button at the top of the page to receive updates about this project, including notification of opportunities to participate in community engagement and when it will be considered at Council meetings.
More information
Pat Dunne
Coordinator Investigations
pdunne@bayside.vic.gov.au
03 9599 4623