Tree Retention on Private Property

The Policy applies to all private properties zoned Residential. You can check the zoning of your property on the Town’s Intramaps.

The Policy applies to more 'significant' trees which meet the below definition of ‘regulated tree’.

A ‘regulated tree’ is a living tree which meets any of the following criteria:

a) Height of 8m or greater;

b) Canopy width of 6m or greater;

c) In the case of a tree with a single trunk, a total trunk circumference of 1m or greater, measured 1.4m above natural ground level;

d) In the case of a tree with multiple trunks, a total trunk circumference of 1m or greater, with an average trunk circumference of 625mm or greater, measured 1.4m above natural ground level.

but excludes trees identified as a weed of national significance or a declared pest plant or as a diseased tree by an authorised Government agency.

Tree canopy height data provided by ArborCarbon is available on the Town's Intramaps.

To see if the tree canopy on your property has been identified as 8m or greater in height, please turn on the 'Tree Canopy 8m and Above (Local Planning Policy 3.25)' layer.

Please note: The definition of 'regulated tree' includes other criteria in relation to the Canopy width and Trunk Circumference which is not shown on the Town's Intramaps. 

For 'Weeds of National Significance', please visit the Weeds Australia website.

A 'Declared pest' refers to organisms declared with a 'Legal status' of 'Declared Pest, Prohibited - s12' or 'Declared Pest - s22(2)' under the Biosecurity and Agriculture Management Act 2007. 

The 'Legal status' of organisms can be found in the 'Western Australian Organism List' database on the Department of Primary Industries and Regional Development's website. 

'Weeds of National Significance' and 'Declared pests' are excluded from the Policy. 

The Policy requires development approval prior to any 'tree-damaging activity' as defined below, to a 'regulated tree'. 

‘Tree-damaging activity’ includes any of the following:

a) The killing or destruction of a tree;

b) The removal of a tree;

c) The severing of branches, limbs, stems or trunk of a tree;

d) The ringbarking, topping or lopping of a tree; and/or

e) Any other substantial damage to a tree.

If a 'regulated tree' is damaged or removed without the necessary approval first being obtained, the works would constitute an offence under the Planning and Development Act 2005.

If the Town is made aware of the unauthorised damage or removal of any 'regulated tree', it will investigate the matter and potentially instigate compliance action, which may include prosecution. In this regard, under the Act, the maximum penalty for offences are $200,000. 

Development approval is required prior to pruning a ‘regulated tree’, unless it meets the following definition of ‘maintenance pruning’:

a) Involves removing dead or diseased wood only; or

b) Does not remove more than 10% of the tree canopy within any 12 month period and will not damage or affect the health or structural stability of the tree; or

c) Is of a fruit tree and done for fruit production; or

d) Does not include removing limbs with a diameter of 100mm or more; or

e) Is otherwise minor maintenance or thinning of the crown that does not adversely affect the health or general appearance of the tree.

In most cases, problems with trees on private property are a civil matter which need to be resolved between neighbours.

Pruning a ‘regulated tree’, however, differs to pruning non-regulated trees: 

General Pruning:

If a branch or root of a neighbour’s tree encroaches onto your property, you are entitled to cut or remove it up to the boundary of your land. You must not cut the branch or root on your neighbour’s side of the boundary without their permission.

It is best to discuss any pruning with your neighbour, especially if you are cutting any roots, as this may weaken the tree. If in doubt, please engage the services of a reputable consulting arborist.

Any root, branch, flower or fruit on a branch that is removed remains the property of the tree’s owner.  

Pruning a ‘regulated tree’:

If a ‘regulated tree’ on your neighbour’s property encroaches or overhangs onto your land, you will need development approval to prune any part that overhangs onto your land, unless it meets the definition of ‘maintenance pruning’.

It is best to discuss with your neighbour first to discuss whether a development application is required. 

In addition to the information outlined in the Appendix of the Policy (on Page 6), the following must be provided with a development application:

1. A completed ‘Development Approval Application Form and MRS form’;
2. A completed ‘Development Application Checklist’; and
3. Certificate of Title. 

The above forms can be found on the Town's website. 

Development application fees are in accordance with the Town’s Schedule of Fees and Charges and starts at $147.