Trees on Private Property

A Regulated Tree is any living tree which meets one or more of the following criteria:

1. Is 8.0m or more high; and/ or
2. has an average canopy diameter of at least 6.0m; and/ or
3. has a trunk circumference of at least 1.5m, measured 1.4m above the ground;
   and
4. is of a species that is not included on State or local area weed register.

Tree-damaging activity means any of the following:

1. the killing or destruction of a tree; and/ or
2. the removal of a tree; and/ or
3. the severing of branches, limbs, stems or trunk of a tree; and/ or
4. the ringbarking, topping or lopping of a tree; and/ or
5. any other substantial damage to a tree.

The Policy applies to all land zoned under Local Planning Scheme No. 7 in the City of South Perth. This includes all private properties in the City. You can check the zoning of your property using the City’s Intramaps.

The definition of a Regulated Tree is consistent with the WALGA Model Local Planning Policy Tree Retention. The loss of large canopy trees is considered to have the greatest impact on amenity and as such, the proposed criteria for a Regulated Tree was seen as an appropriate balance between protecting the most valuable canopy trees and impacting residents’ ability to manage vegetation on their properties.

Development approval is required for pruning of a Regulated Tree unless the works meet the definition of maintenance pruning which includes: 

1. removing dead or diseased wood only;
2. is the first pruning of the tree in the calendar year and affects less than 10% of the canopy, not altering the overall shape of the canopy; or
3. is of a fruit tree and done for fruit production; or
4. does not include removing limbs with a diameter of 100mm or more; or
5. is otherwise minor maintenance or thinning of the crown that does not adversely affect the health or general appearance of the tree; and
6. is undertaken in accordance with the standard for Pruning Amenity Trees Australian Standard 4373-2007 – Pruning of Amenity Trees.

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 material removed from a neighbouring tree still belongs to the tree’s owner and should be returned. Care must be taken when pruning and returning the pruned branches as you may be liable for any damage you may cause.

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.

An application for development approval is required to be lodged to the City with:

• A completed development application form
• A scaled site plan showing the location of the tree on the site
• Necessary supporting information (cover letter, photos and size details of the tree, arborist report and/or structural engineering report at the applicant’s cost etc.).

Development applications for Regulated Tree removal would be assessed against the Policy. Criteria are contained within the Policy depending on the nature and type of application.

Development application fees would be in accordance with the City’s Schedule of Fees and Charges. The fee for a development application is $147.

An applicant has the right of review to the State Administrative Tribunal against a decision made, or a condition attached to a determination. Such an application must be lodged within 28 days of the date of the determination.

A person must not commence or carry out development to which development approval is required unless approval has been obtained. Failure to obtain development approval constitutes an offence under the Planning and Development Act 2005. 

The maximum penalties for breaching an offence provision under the Planning and Development Act 2005 are significant and are currently $200,000 in the case of a natural person and $1,000,000 in the case of a body corporate, with the potential for additional daily penalties in the case of ongoing non-compliance.