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Clause 52.37 canopy tree reports
Amendment VC289 introduced Clause 52.37 to every Victorian planning scheme on 15 September 2025. It can require a planning permit to remove a tree on a residential site where nothing else would have triggered one, and a lot of projects have been caught by it.
Fixed quote within one business day · agreed in writing before any work starts
Which trees are caught
A canopy tree must meet all three of these to be protected:
It applies in the Mixed Use, Township, Residential Growth, General Residential, Neighbourhood Residential and Housing Choice and Transport zones. The Low Density Residential Zone is excluded.
The boundary tree trap
A canopy tree with any part of its trunk within 6 m of the narrowest street frontage or 4.5 m of the rear boundary is a boundary canopy tree, and it does not get the exemptions that otherwise apply on a site with an existing dwelling.
This is where most people get caught. A tree you assumed was exempt because there is already a house on the block is not exempt if it sits in those bands.
Replacement canopy is the part that bites
Removing a canopy tree brings a replacement obligation, and on a tight site that is a design constraint, not a landscaping detail.
| Site area | Replacement requirement |
|---|---|
| Up to 100 m² | 1 tree |
| 101 to 200 m² | 2 trees |
| 201 to 400 m² | 3 trees |
| 401 to 700 m² | 5 trees |
| 701 to 1,000 m² | 6 trees |
| Over 1,000 m² | 20% canopy cover |
Replacement trees must be capable of reaching at least 6 m in height and 4 m of canopy at maturity, and they need real ground to do it in. Deep soil of at least 12 m² with a minimum dimension of 2.5 m, or a planter of at least 12 m³ at 0.8 m depth. Find that on the plan before you commit to a footprint, not after.
What the council may and may not consider
This is the part that surprises people, and it cuts both ways. In deciding a Clause 52.37 application the responsible authority must consider only the decision guidelines in the clause itself. It cannot reach for state policy, the Municipal Planning Strategy or local planning policy.
Those guidelines are the tree's contribution to canopy and urban heat, its health and stability, damage to buildings, what the design has done to minimise canopy loss, and replacement planting. An application that speaks to those five things directly is a very different document from a general tree report.
It does not override your overlays
Clause 52.37 sits alongside Vegetation Protection, Environmental Significance and Significant Landscape Overlays rather than replacing them. A site can need a permit under both, on different tests, assessed differently. Stacking controls is where a lot of applications come unstuck.
Common questions
When did Clause 52.37 start?
Amendment VC289 introduced it to all Victorian planning schemes on 15 September 2025.
Is a tree exempt if there is already a house on the block?
Only if it is not a boundary canopy tree. A canopy tree with any part of its trunk within 6 m of the narrowest street frontage or 4.5 m of the rear boundary loses that exemption.
Do dead trees need a permit under Clause 52.37?
No. The clause exempts dead trees, emergency and safety works, pruning for maintenance, and trees identified as weed species. Whether a tree is genuinely dead, as opposed to dormant or badly declining, is a question to have assessed. Do not assume it.
What does a Clause 52.37 report cost?
Every job is quoted individually and fixed in writing before I start. Councils usually also want a plan showing the tree to be removed, the existing trees being retained and the proposed replacement planting, so tell me whether you need that and it will be in the quote.
How much replacement canopy will I owe?
On sites up to 1,000 square metres it is a set number of trees scaling from one to six by site area. Above 1,000 square metres the test is a minimum 20% canopy cover of the site.
Other services
Tree Removal Report
ResidentialArboricultural Impact Assessment
DevelopmentPreliminary Tree Assessment
Before you designTree Protection Management Plan
DevelopmentRoot & Infrastructure Investigation
InvestigationArboricultural Supervision
On siteConstruction Monitoring
On siteTree Risk Assessment
TRAQ qualifiedTree Protection Zone Advice
Written adviceSend me the plans and I will send you a number.
Fixed fee, quoted in writing within one business day, scope written down. If it turns out you do not need this report, I will tell you that instead.