In September 2025, Clause 52.37 Canopy Trees was introduced into the Victorian Planning Provisions requiring a planning permit remove, destroy or lop a canopy tree. The new policy also requires a minimum number of canopy trees per lot based on lot size. The number of trees required may mean new canopy trees need to be proposed as part of the planning permit application. The clause includes specific definitions for canopy trees as well as the VicSmart application requirements for canopy trees.

The policy is intended to help protect and enhance canopy tree cover to support greener and cooler residential areas, and maximise the retention of existing canopy trees.

This clause applies to land in the Mixed Use Zone, Township Zone, Residential Growth Zone, General Residential Zone, Neighbourhood Residential Zone, and Housing Choice and Transport Zone. It applies to all canopy trees on vacant land and “boundary canopy trees” where there is an existing dwelling (within 6 metres of the front boundary or 4.5 metres of the rear boundary of a lot).

The applications are assessable under VicSmart. The are required when removing at least one canopy tree, and require a minimum number of canopy trees to be on the site. The number of trees is determined by the size of the site. It may require planting of replacement or even additional canopy trees to meet the requirement. These must be shown on the plans.

The number of canopy trees on the site should meet the minimum canopy tree requirements specified Clause 52.37-3 Canopy tree requirement Table 1.

Note: While these applications are assessable under VicSmart, they and are in addition to the existing VicSmart provisions to remove, destroy or lop one tree (such as under an Vegetation Protection Overlay, Significant Landscape Overlay or Environmental Significance Overlay – with information requirements at Clause 59.06) or lop a tree under the Heritage Overlay (with information requirements at Clause 59.07). Further policy regarding native trees applies under Clause 52.17.