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City of Boroondara

Tree controls in Boroondara

Boroondara is the strictest council in this belt and the one where applicants most often get caught, because the tree can be protected by the local law, by Clause 52.37, or by both, and the two tests are nothing like each other.

Camberwell, Hawthorn, Kew, Balwyn, Glen Iris, Canterbury, Ashburton, Surrey Hills

At a glance

Local law
Tree Protection Local Law 2024, adopted 27 May 2024
Canopy tree under the local law
Trunk circumference 110 cm or more at 1.4 m, or 150 cm or more at ground level. Applies anywhere on the lot
Clause 52.37
Separate test. Over 5 m tall, trunk circumference over 0.5 m at 1.4 m, canopy 4 m or more, and only in the boundary strips
Maximum penalty
192 penalty units, a maximum fine of $3,840, raised from $2,000 under the 2016 law
Damage definition
To impair the tree's health, structure or stability. Root severance counts
Replacement trees
A tree replanted under a permit condition cannot itself be removed or damaged without a permit
Significant Tree Register
Yes, with a public interactive map. A further 311 trees were approved for inclusion in November 2025
Overlays
No municipal wide tree overlay at present. Council resolved in December 2025 to seek the Minister's authorisation for an ESO and an SLO
Qualification
Level 5 Diploma of Arboriculture for consulting services, per Council's published guidance
Canopy target
30% cover across public and private land by 2040

Drawn from Council's published material as at August 2026. Councils update without notice, so confirm anything you are relying on for a lodgement.

The dual trigger, which is where applications fail

The local law catches big trees anywhere on the block. Clause 52.37 catches smaller trees, but only within 6 m of the narrowest street frontage or 4.5 m of the rear boundary. A tree can easily fall under one and not the other, and a report that answers only one test will come back.

Worked example. A tree with a 120 cm trunk circumference standing in the middle of a Camberwell block is caught by the local law and not by Clause 52.37. A tree with a 60 cm circumference three metres off the rear fence is caught by Clause 52.37 and not by the local law. Both need a permit. Neither report is interchangeable with the other.

Council's own guidance still cites the 2009 standard

Boroondara's published material sets the measuring point at 1.4 m “as set in the Australian Standards 4970-2009”. That standard was superseded in 2025. The measuring height did not change, so nothing practical turns on it, but it tells you the guidance has not been refreshed since the revision and it is worth reporting in current terminology with the equivalence spelled out.

Tree protection during construction

Council publishes what may not happen inside a protection zone, and it is more specific than most: no preparing chemicals including cement products, no storing or dumping materials or waste, no washing down or refuelling plant, no fires. Those are the four that get sites into trouble, and they are the four a site induction should cover.

Asset protection bonds run from a minimum of $3,000 for minor impact and $5,000 for medium impact, with major works assessed on application. Note that the asset protection stream covers footpaths, crossings, kerbs and reserves. Street trees sit in a separate works permit stream, so budgeting for one does not cover the other.

Watch the overlay amendment

If the ESO and SLO are approved, Boroondara gains a planning scheme control over significant and canopy trees on top of the local law it already has. Consultation ran at 78 to 79% support and Councillors voted in December 2025 to apply to the Minister. Check the current status before you rely on today's position for anything with a long lead time.

Working on a site in Boroondara?

Send the address and whatever plans you have. I will tell you which controls apply, what reports the permit path needs, and what each one costs, within one business day.

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