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

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?

Contact us for a fee proposal to take care of this permit requirement for you.

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

VC267 is here, it’s time to start your planning application

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Good news if you’re ready to start building! The wait is over – Planning Scheme Amendment VC267 has now been officially implemented into the Victorian Planning Scheme. If you’ve been keeping an eye on its progress, this marks the green light to move forward with your new residential building plans.

What Is VC267 and why does it matter?

For those of you focusing on building a new house or a dual occupancy, Amendment VC267 brings some important updates to ResCode (that’s Clause 54 and Clause 55 of the Victorian Planning Provisions). These changes aren’t just minor tweaks; they represent a push towards enhancing the liveability, sustainability, and overall design quality of new homes across Victoria.

If you’re in the early stages of planning a new residential project and haven’t yet lodged your planning permit application, it’s absolutely crucial to get your designs aligned with these new requirements right from the start. Getting it right early saves time, money, and potential headaches down the track.

Who should be paying attention to VC267 now?

If any of the following apply to your current or upcoming projects, now’s the time to get familiar with VC267:

  • You’re actively planning to build a new house or a dual occupancy.
  • You haven’t yet submitted your planning permit application to Council.
  • Your project site falls within a Residential, Mixed Use, or Township Zone.
  • You want to ensure your designs seamlessly comply with the updated standards of Clause 54 and Clause 55.

Engage a planning consultant like AS Planning to streamline the planning process

At AS Planning, we understand that staying on top of the latest planning scheme amendments is vital for successful building projects. We work with individuals and developers across Victoria, providing tailored support to ensure your new residential projects not only meet the requirements of VC267 but also achieve great design outcomes.

Think of us as your experienced guides through the updated ResCode landscape. We can collaborate with your architects and designers to ensure your vision aligns with the new standards, offering support from the initial feasibility assessments right through to managing your application with Council.

Here’s how we help our clients:

  • Early-Stage Insights: We offer thorough site analysis and ResCode compliance reviews to identify any potential opportunities or constraints early in the design process.
  • Application Expertise: We handle the meticulous preparation and submission of your planning permit application, ensuring all documentation is accurate and comprehensive.
  • Design Guidance: We provide practical advice on crucial elements like layout, setbacks, private open space design, and site coverage to meet the new standards effectively.
  • Collaborative Approach: We work closely with your designers and other consultants to ensure a coordinated and efficient process.
  • Council Advocacy: We manage the ongoing communication with Council, addressing any queries and keeping you informed throughout the assessment process.

Why choose AS Planning for your project?

We know you have choices when it comes to planning consultants. Here’s why individuals and builders across Victoria trust AS Planning with their residential projects:

  • Deep Residential Planning Knowledge: We have a strong track record and extensive experience navigating residential planning regulations throughout Victoria.
  • Current and Practical Advice: We provide clear, actionable advice based on the very latest planning controls, ensuring your project is on solid ground.
  • Trusted by Developers and Homeowners: We’ve built strong relationships with those undertaking new residential projects who rely on our expertise.
  • Transparent and Predictable: We offer fixed fees and a clear process, providing you with budget certainty.
  • Proven Results: Our 5-star rating and positive feedback from numerous clients speak to our commitment to achieving successful outcomes.

Ready to move forward with your VC267 compliant project?

With VC267 now in effect, it’s time to take those exciting new residential projects from concept to reality. Let AS Planning be your partner in navigating these updated regulations. Reach out for a consultation and quote. 

Understanding Victoria’s New Regulations on Small Second Homes (Amendment VC253)

Amendment VC253 - Affects Small Second Homes in Victoria. Picture of a small granny flat in a backyard.

Victoria’s property landscape is about to witness significant changes with the introduction of Amendment VC253, aimed at regulating small second homes, often referred to as “granny flats” or “tiny homes.” Let’s delve into the key aspects of this amendment and its impact on homeowners.

Let’s start with what is a ‘Small Second Dwelling’?

As per Clause 73.03 (Land Use Terms) of the Victoria Planning Provisions, a ‘Small Second Dwelling’ is defined as “A building with a gross floor area of 60 square metres or less, on the same lot as an existing dwelling and used as a self-contained residence, which must include:

  1. A kitchen sink;
  2. Food preparation facilities;
  3. A bath or shower; and
  4. A toilet and wash basin.” 

What is Amendment VC253?

Amendment VC253, gazetted into the Victorian Planning Provisions on 14 December 2023 by the Victorian government, seeks to address the growing demand for small second dwellings. It focuses on making it easier for property owners to build, modify, or rent out these units. The primary objective is to increase housing options and make it easier for Victorians to achieve small second dwellings, while ensuring compliance with safety and environmental standards.

Key Highlights of Amendment VC253:

1. Faster and More Streamlined Approval Process:

One of the main features of the amendment is the simplified approval process for small second homes. Depending on the size of a property, a small second dwelling may be exempt from requiring a planning permit. Or, it may require approval but be eligible for the streamlined VicSmart planning permit process,  promoting quicker and more efficient development.

2. Focus on Sustainability and Environmental Considerations:

VC253 places a strong emphasis on sustainability. New dwellings must meet energy-efficient and environmental standards, aligning with the broader goals of reducing Victoria’s carbon footprint.

Benefits of Victoria’s New Regulations on Small Second Homes for Homeowners

Homeowners in Victoria can expect several benefits from these regulatory changes. Small second homes can provide additional rental income, accommodate extended family members, or serve as a flexible living space. However, it’s crucial to be aware of the compliance requirements to avoid potential legal issues. If you need help understanding the compliance aspect of VC253, please contact us.

What does VC253 mean for the future of Tiny Homes in Victoria?

Tiny homes, which have gained popularity as a sustainable, cost-effective and minimalist housing option, are also impacted by Amendment VC253. They fall under the category of small second dwellings and are subject to the same regulatory framework.

Challenges and considerations that may impact these new regulations on Small Second Homes

While Amendment VC253 offers opportunities, it’s essential to consider potential challenges. Property owners must ensure their small second homes meet all safety and compliance standards. Additionally, local regulations and zoning laws may still vary, so it’s advisable to consult with local authorities or a Planning Consultant like AS Planning, before embarking on any construction or modification project.

Victoria’s Amendment VC253 is a significant step toward addressing the housing needs of its residents, allowing for more flexible and sustainable living arrangements. Whether you’re interested in building a granny flat, tiny home, or simply want to stay informed about these changes, this amendment opens doors for homeowners and the housing market alike.

For more detailed information, you can refer to the official government source at planning.vic.gov.au and the ABC News article here.