This review seeks to make minor changes to strengthen the criteria used when assessing Local Law tree removal permit applications, and to move this assessment criteria into the Local Law guidelines. This change would mean that the Management of Tree Protection on Private Property Policy, which is currently used for assessing Local Law tree removal permits, would not be required and the policy would be rescinded.

Reviewing the current Management of Tree Protection on Private Property Policy is a 2022-2023 Council Plan action, as part of implementing Bayside’s Urban Forest Strategy.

Key actions of the Urban Forest Strategy include superseding the Management of Tree Protection on Private Property Policy to increase protection of more trees and strengthening alignment between planning and local law permit applications and updated Landscape Guidelines.

Relatively minor changes to the existing Local Law permit assessment criteria are proposed as part of this review, including:

• Introducing special considerations for complex medical needs, disability, access safety or financial hardship to support vulnerable residents to either retain their tree(s) or allow removal where no other reasonable options exist.
• Protecting more trees by removing some permit assessment considerations, such as consideration for the number of other protected trees on the site, or neighbours' support for removal.
• Clearer and increased replanting requirements for every tree removed to increase canopy and middle/understorey planting.
• Ensuring the Bayside Landscape Guidelines and Urban Forest Strategy Precinct Plans inform replanting requirements, such as appropriate species selection for the area.
• Assessing the tree for its habitat value to native wildlife.

Changing the size criteria of trees protected by the Local Law requires a change to the Local Law itself. The Local Law is reviewed comprehensively every 10 years and was most recently updated in 2021. There may be minor reviews of the Local Law within the ten-year period when there are several new issues to be considered.

Bayside’s Local Law covers a broad range of topics – from trees to rubbish to parking to pets – to ensure Council can respond to local issues and protect everyone's enjoyment of public spaces, and health and safety within our municipality.

This proposed minor update of the Local Law guidelines seeks to strengthen the criteria used when assessing Local Law tree removal permit applications to protect more large trees, and to move this assessment criteria into the Local Law guidelines.

This change would mean that the Management of Tree Protection on Private Property Policy, which is currently used for assessing Local Law tree removal permits, would not be required and the policy would be rescinded.

In Bayside, if you don’t live in a Vegetation Protection Overlay (VPO) area, you’ll need a Local Law permit to remove a tree that has a single or combined trunk circumference greater than 155cm measured at 1m above ground level, is planted as a replacement planting condition, or is on our Significant Tree Register.

If the tree/vegetation is not within a Vegetation Protection Overlay (VPO) area and native or subject to an existing planning permit with tree or vegetation conditions, you may need to apply for a Local Law permit to remove the tree.

A Local Law permit will be required if the tree:

• Has a single or combined trunk circumference greater than 155cm measured at 1m above ground level. If the tree has several trunks, the 4 largest trunks circumferences should be added together; or
• Is planted in accordance with the replacement planting condition of a Local Law permit; or
• Is listed on our Significant Tree Register.

A permit is not required to prune a tree protected by the Local Law in special circumstances, these are:

• The removal of the part of the tree that poses an immediate risk to persons or property. Only that part of the tree that poses the immediate risk may be removed under this exemption.
• When the work is to be carried out by an arborist trained to AQF Level 3 in Arboriculture, or above, or equivalent recognised and relevant experience. The work needs to conform to the Australian Standard No. 4373, 2007 Pruning of Amenity Trees. The contractor must certify their work, including photographs of before and after work.
• Trees declared as noxious weeds under the Catchment and Land Protections Act 1994.

Please note that palms, ferns and non-woody plants do not meet the definition of 'tree' in Council's Local Law and do not need a Local Law permit to remove.

In many instances, pruning or maintenance may be a better solution than removal. Find out more about tree pruning and maintenance.

The proposed Local Law Guidelines maintains current permit exemptions such as removing part of a tree that poses an immediate risk to persons or property or pruning the tree provided these works are carried out by a qualified arborist, as well as removing trees that are declared noxious weeds.

The proposed guidelines simplify assessment considerations for tree removal permits and include:

• Whether a Building Permit has been granted necessitating removal of a protected tree
• Verifiable evidence of structural damage to a building, services or infrastructure which can only be overcome by implementing a remedy that is unreasonable or greatly disproportionate to the amenity value of the tree
• Tree risk assessment (intolerable risk = permit to remove granted)
• Tree retention value (Low = permit to remove granted) as outlined in the Bayside Landscape Guidelines
• The useful life expectancy of the tree (Less than three years = permit to remove granted)
• The habitat value of the tree as determined by the Tree Habitat Value Assessment Matrix
• Evidence from Council staff indicating the tree has a detrimental impact on surrounding environmental or public health
• Special circumstances including medical conditions, disability, access safety or financial hardship, where there is no other reasonably practicable way to manage issues directly related to the tree; following referral to the Manager Community Care or responsible delegate to determine if assistance or supports are available, reasonable, and proportionate.
• Any permit granted may contain a condition stipulating that upon removal of a tree, one or more new trees, which may also include suitable middlestorey or understorey planting where appropriate, must be planted and maintained in accordance with the Bayside Landscape Guidelines and the area's Urban Forest Strategy Precinct Plan, or as otherwise required by the permit.

The proposed Local Law guidelines include special considerations for residents with medical needs, disability, access safety, financial or other wellbeing concerns where there is no other practical way to manage an issue with a protected tree than removal.

When a Local Law permit application for tree removal is lodged, if Council’s arborist determines that the tree should be retained, the applicant can seek special consideration.

Applications for special consideration will be referred to Council’s Community Care department. This referral will enable council officers to determine if assistance or supports are available under the Commonwealth Home Support Program or if there are other forms of service support available. These supports will be reasonable and proportionate, in accordance with equal opportunity laws and inclusive best practice.

Council’s Community Care department will consider if support services can be provided to support the resident with services to manage their tree(s) enabling the tree to be retained or if tree removal may be appropriate in the circumstances.

The following two case studies illustrate hypothetical instances where special consideration applications where tree removal may be recommended, or tree retention may be recommended with the provision of garden maintenance services support.

Case study 1 – Tree removal recommended

An older resident, who lives alone, has declining mobility and is aided by the use of a four-wheel walking frame. There is a large tree adjacent to their driveway, which is too large for the available space, and has lifted the driveway concrete creating a slope on one side. After rain, one side of the driveway fills with water and the incline on the other side is too steep to safely use the walking frame. This means that this resident is unable to safely entry or exit their property until rainwater has dispersed. Root pruning may decrease the stability of the tree, creating a risk of it falling.

In this instance, tree removal would be recommended prior to the repair of the driveway.

Case study 2 – Tree retention recommended with provision of garden maintenance services or where major pruning is required then recommend removal

An older couple is living in their long-term family home, which has a large tree in the front yard. One partner is a carer for the other whose cogitative capacity has declined. The carer partner also has physical health issues which limit their mobility. Previously, the couple has enjoyed gardening and managed the tree themselves. Professional tree pruning previously used to reduce growth is no longer affordable due to higher medication and health-related costs. Debris from the tree can cover the entry/exit points of their home creating a safety risk for the couple. The couple are seeking to remove the tree due to the cost of maintenance and to enable them to remain living safely in their home.

In this instance, tree retention would be recommended provided garden maintenance support services could be provided. If major pruning of the tree is required, then removal would be recommended.

Replanting requirements within Local Law permits issued for tree removal are proposed to be aligned to the Urban Forest Strategy Precinct Plans and the Bayside Landscape Guidelines planting criteria, which considers soil volume and available planting area.

Replanting requirements will seek to provide a net gain of trees, or suitable middlestorey or understorey planting, where appropriate, using suitable species for the area based on the Urban Forest Precinct Plan planting palate for the area.

The proposed replacement planting for removed tree(s) will be required to achieve (at maturity) either:

• A minimum 100% (2 times) net increase of tree canopy cover; or
• A minimum 50% (1.5 times) net increase of tree canopy cover on the site and provision of middlestorey and/or significant understorey.

This review seeks to strengthen the criteria used when assessing Local Law tree removal permit applications, and to move this assessment criteria into the Local Law guidelines.

This change would mean that the Management of Tree Protection on Private Property Policy, which is currently used for assessing Local Law tree removal permits to remove protected trees on private property, would not be required and the policy would be rescinded.

Council officers will use the Local Law guidelines to assess Local Law permit applications for tree removal.

Applications for special consideration will be referred to Council’s Community Care department. This referral will enable council officers to determine if assistance or supports are available under the Commonwealth Home Support Program or if there are other forms of service support available to help a resident manage their tree(s) and related issues, or if tree removal may be appropriate in the circumstances.

You can apply for a tree removal permit via Council’s website.