Clause 52.37 Canopy Trees Victoria : Quick Guide

In force from: 15 September 2025

What changed: Amendment VC289 introduced Clause 52.37 (Canopy trees) to all planning schemes. It now regulates when you can remove larger trees on residential land and sets minimum canopy outcomes for many applications.

Does this apply to my site?

Yes if you’re in a residential zone – MUZ, TZ, RGZ, GRZ, NRZ or HCTZ. The Low Density Residential Zone (LDRZ) is excluded.

What is a “canopy tree”?

A tree that has all of the following:

height > 5 m
trunk circumference > 0.5 m (measured at 1.4 m above ground)
canopy diameter ≥ 4 m

When is a permit required to remove/lop?

Anywhere on the lot if the land is vacant (including where only a building permit is needed for a single dwelling).
Within buffers on developed or developing lots: 6 m from the narrowest street frontage and 4.5 m from the rear boundary in scenarios such as: existing dwelling (no works), existing dwelling + extension, or where a planning permit for one or more dwellings is being assessed.

Practical tip: get the survey to show trunk position and canopy spread, then overlay the 6 m front / 4.5 m rear buffers before fixing driveways or footprints.

What canopy outcomes do I need to provide?

For many applications you must protect or enhance canopy cover:

Sites ≤ 1,000 m²: ~10% canopy cover at maturity
Sites > 1,000 m²: 20% canopy cover at maturity
Example: a 700 m² site typically equates to four canopy trees (keep existing and/or plant new). New trees should be species that will reach ~6 m height and 4 m canopy at maturity. Councils can consider larger species or a reduced number if outcomes stack up.

How fast is the process? Will neighbours be notified?

Many applications are eligible for VicSmart – a fast-track that should be decided in ~10 business days. When not processed under VicSmart, notice is not required and there are no third-party review rights (objectors can’t appeal). The applicant can still seek VCAT review if refused.

What to lodge (keep it simple)

Site plan + photos: locations, sizes and which trees you’ll retain/remove
Reason for removal and replacement planting to meet canopy outcomes
Arborist input if removal is due to health/stability or where expert evidence helps
Information requirements are set in Clause 52.37.

How does this sit with other rules?

Clause 52.37 doesn’t override overlays (e.g. VPO/ESO) or bushfire provisions, you may still need parallel approvals. Local laws may keep operating where they cover matters outside this clause.

Why this policy?

The State is using planning to protect existing canopy and require realistic space for new trees, supporting Plan for Victoria (Action 12) to reduce urban heat and improve health and wellbeing, while minimising impacts on housing yield. Decision-making under the clause must be proportionate and balance tree retention with development.

What this means for common projects

Knock-down/rebuilds & extensions: Check boundary buffers early; redesign may be quicker than arguing removal.
Dual occs/townhouses: Bake deep-soil/plantable areas and species selection into concept plans to hit the 10% canopy target efficiently.
Vacant lots: Don’t clear first. Often it’s smarter to address removals inside the planning application so the canopy outcome is clear.
Expect an arborist + a landscape plan: In most cases you’ll need an AQF-5 arborist assessment (to verify canopy status/health, TPZs and impacts) and a landscape plan that demonstrates canopy cover at maturity (species, sizes, deep-soil/planter volumes, irrigation/establishment notes). Engaging both early lets you design once, avoid rework, and streamline VicSmart or standard approvals.

Quick FAQ

Does my building permit cover tree removal? No – resolve planning first.
Are weeds exempt? Only if they don’t meet the canopy definition or are otherwise addressed; check with us for edge cases. (The clause sets the triggers; overlays/local laws may add layers.)

Need help with Clause 52.37?

Source: Protecting and enhancing our tree canopy for a greener Victoria – official guide (published/updated 15 Sep 2025).

Clause 52.37 Canopy Trees in Victoria: A quick, practical guide for builders, developers & designers