The Whitehorse Planning Scheme currently contains nine Significant Landscape Overlay areas under Clause 42.03 Significant Landscape Overlay. Schedules 1-8 are detailed below. 

A protected tree is one that has a single trunk circumference of 50 centimetres or more, when measured 1 metre above ground level.

A planning permit is required within SLO 1-8:

• to remove, destroy or lop a protected tree
• for any works within four metres of a protected tree

To help preserve the special character of an SLO area, there are controls over building heights, setbacks from boundaries and trees, how much the site can be built upon and how much can be covered in hard surfaces. This is to ensure that development retains an inconspicuous profile and does not dominate the landscape.

Under the SLO a planning permit is not required for:

• the pruning of a protected tree for regeneration or ornamental shaping
• a tree which is dead or dying to the satisfaction of Council. 

The SLO definition for pruning and lopping are:

• Pruning of a tree is defined as removing branches (or occasionally roots) from a tree or plant using approved practices, to achieve a specified objective such as for regeneration or ornamental shaping.
• Lopping is defined as the practice of cutting branches or stems between branch unions or internodes.

Find out more about pruning and lopping.

Residents are encouraged to talk to the Planning Department to identify whether a planning permit is required before removing any trees or undertaking any building works.

Refer to the relevant checklist to ensure your application includes all required information to be submitted:

• VicSmart Tree Removal (one tree only) ( PDF 474.09KB)
• Tree Removal within the Significant Landscape Overlay ( PDF 167.12KB)
• Buildings and Works within the Significant Landscape Overlay ( PDF 172.41KB).

The Whitehorse Planning Scheme currently contains nine Significant Landscape Overlay areas under Clause 42.03 Significant Landscape Overlay. Schedule 9 is an interim control which is detailed below. For further details about the amendment refer to the C219 Amendment.

SLO9 encourages the retention of established and mature trees and to provide for the planting of new canopy trees.

A planning permit is required to remove, destroy or lop a tree.

• For the purpose of this schedule, lopping has its ordinary meaning and includes the practice of cutting branches or stems between branch unions or internodes.

Find out more about pruning and lopping.

Exemptions

Please note the following exemptions do not apply to any tree(s) that are required to be retained and/or planted through an existing planning permit and associated endorsed plans (see step 2 above).

• A tree that has both: 
  • a height less than 5 metres; AND
  • a single trunk circumference of less than 1.0 metre at a height of 1.0 metre above ground level. 
• A tree that is less than 3 metres from the wall of an existing Dwelling or an existing Dependent Person's Unit when measured at ground level from the outside of the trunk. 
• A tree that is located less than 3 metres from an existing inground swimming pool when measured at ground level from the outside of the trunk. 
• A tree that is an Environmental Weed species as outlined by the SLO9 schedule.
  • You are encouraged to document through photos or other visual means, any environmental weed species being removed, prior to this occurring.
• The pruning of a tree for regeneration or ornamental shaping.
  • For the purpose of this schedule, pruning is defined as removing branches (or occasionally roots) from a tree using approved practices, to achieve a specified objective such as for regeneration or ornamental shaping. 
• A tree which is dead or dying or has become dangerous to the satisfaction of the responsible authority. 
  • Contact the Planning and Building Department to obtain the relevant permission.
• A tree outside the minimum street setback requirement in the Residential Growth Zone. 
  • Click on Whitehorse Maps to establish if your property is within a Residential Growth Zone.
• A tree on public land or in the road reserve removed by or on behalf of Whitehorse City Council. 
• The removal, destruction, or lopping of a tree to the minimum extent necessary: 
  • to maintain the safe and efficient function of a Utility Installation to the satisfaction of the responsible authority or the utility service provider; or 
  • by or on behalf of a utility service provider to maintain or construct a Utility Installation in accordance with the written agreement of the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987); or 
  • to maintain the safe and efficient function of the existing on road public transport network (including tramways) to the satisfaction of the Department of Transport.
• A tree required to be removed, destroyed or lopped in order to construct or carry out buildings or works approved by a Building Permit issued prior to 8 February 2018. 
• A tree that may require separate approval to remove, destroy or lop as part of an existing permit condition, a plan endorsed under a planning permit or an agreement under section 173 of the Planning and Environment Act 1987

The Planning Department is available to assist in understanding how the SLO9 may apply to your site. You are encouraged to obtain as much information about the tree(s) (including species, approximate height, trunk circumference etc) in question before contacting the Planning Department and before removing any trees.

Refer to the relevant checklist to ensure your application includes all required information to be submitted:

• VicSmart Tree Removal (one tree only) ( PDF 474.09KB)
• Tree Removal within the Significant Landscape Overlay ( PDF 167.12KB)
• Buildings and Works within the Significant Landscape Overlay ( PDF 172.41KB).

Vegetation Protection Overlays (VPO) apply to properties with trees recognised as possessing special qualities under Clause 42.02 - Vegetation Protection Overlay. 

Schedule 1, Schedule 3 and Schedule 5 apply to specific trees. A planning permit is required to remove, destroy or lop a VPO protected tree. To determine which tree is covered by the VPO refer to the table below.  You may also wish to visit the Tree Assistance Fund page.

Schedule 2 and Schedule 4 were blanket controls that applied to some land in Mont Albert North and Mitcham. They were removed as part of Amendment C219, and replaced by the SLO9 overlay controls.

A planning permit is not required for:

• Trees deemed unsafe by a suitably qualified arborist, and to the satisfaction of the responsible authority (Whitehorse City Council)
• Trees being pruned for regeneration or ornamental shaping
• A tree which is dead or dying to the satisfaction of the responsible authority (Whitehorse City Council)
• Trees being maintained in accordance with a management program, developed by a suitably qualified arborist and approved by the responsible authority.

The VPO definition for pruning and lopping are:

• Pruning of a tree is defined as removing branches (or occasionally roots) from a tree or plant using approved practices, to achieve a specified objective such as for regeneration or ornamental shaping.
• Lopping is defined as the practice of cutting branches or stems between branch unions or internodes.

Planning Application Checklist

Refer to the below checklist/s to ensure your application includes all required information:

• Tree Removal Vegetation Protection Overlay ( PDF 165.9KB)

The Environmental Significance Overlay (ESO) identifies areas where development may be affected by environmental constraints and ensures that development is compatible with the identified environmental values of the site and surrounding area.

A permit is required for:

• development including fences, bike pathways and trails
• land subdivision
• vegetation removal

There are come circumstances, however, where permits may not be required.

A permit is not required to remove, destroy or lop any vegetation if the vegetation is 

• Dead and has a trunk diameter less than 40 centimetres at a height of 1.3 metres above ground level.
• Non-native vegetation.
• Included in the Incorporated Document titled “The City of Whitehorse Environmental Weed List 2007.”

Refer to the following schedules for further information

• Clause 42.01 - Environmental Significance Overlay
• Schedule 1 to Clause 42.01 - Environmental Significance Overlay
• Schedule 2 to Clause 42.01 - Environmental Significance Overlay

Refer to the relevant checklist to ensure your application includes all required information to be submitted:

• Minimum Information for Planning Permit Application

There are a number of properties in Whitehorse that are affected by an Heritage Overlay. This can cover buildings, outbuildings and trees on properties.

Refer to the following schedules for further information

• Clause 43.01 - Heritage Overlay
• Schedule to Clause 43.01 - Heritage Overlay

Refer to the relevant checklist to ensure your application includes all required information to be submitted:

• Minimum Information for Planning Permit Application

A planning permit is required to remove, destroy or lop native vegetation, including dead vegetation, on a property with an area greater than 0.4 hectares (4000m2).  

You are encouraged to contact the Planning Department to check if these controls apply to your land as there may be specific information required as part of an application to remove native vegetation.

The native vegetation controls within the planning scheme can be found in Clause 52.17 - Native Vegetation.

• Clause 52.17 - Native Vegetation
• Schedule to Clause 52.17 - Native Vegetation

Useful information can also be found concerning native vegetation applications on the DELWP website.

Refer to the relevant checklist to ensure your application includes all required information to be submitted:

• Minimum Information for Planning Permit Application

In the event you are wanting to undertake works within 4m of a protected street tree within the Significant Landscape Overly 9, a Planning Permit will be required.

Refer to the relevant checklist to ensure your application includes all required information to be submitted:

• Buildings and Works within the Significant Landscape Overlay ( PDF 172.41KB).

Under the Urban Forest Strategy (PDF 2.78MB) ( PDF 2.08MB), street trees will only be removed if in the opinion of the Council arborist the tree is dead, dying or hazardous.

For further information concerning street tree pruning and planting refer to Naturestrips. 

Dead, Dying, Dangerous exemption definitions

Below is a set of definitions used when assessing trees pursuant to exemptions under Clause 42 of the Victorian Planning Provisions, specifically Significant Landscape, Environmental Significance and Vegetation Protection Overlays of the Whitehorse Planning Scheme. This includes the following overlays:

• SLO1-9
• VPO1,3 & 5
• ESO1

Please note that the word “Dangerous” is interchangeable with “immediate risk” found in Clauses 42.01-3, 42.02-3 & 42.03-3 of the Whitehorse Planning Scheme

Dead

• the biological function of the tree has ceased with no live tissue present.

Dying 

• in an advanced state of decline and cannot be retained by reasonable management and has a Useful Life Expectancy* of less than 3 years. 

Dangerous

• the condition of the tree presents an imminent danger of inflicting damage, and it cannot be alleviated by arboricultural management.

Contact the Planning and Building Department to obtain the relevant permission on 9262 6333.

Descriptors & Definitions for Statutory Planning Tree Assessments

Origin 

Health 

This is based on vigour and vitality. In assessing health, observations are made of the following:

• foliage characteristics
• extension growth
• wound wood development 
• extent of predation or disease 

In many instances correct application of arboricultural management practices can revitalise a tree and extend its ability to provide a value to the community.

Structure 

This  refers to the physical integrity and mechanical properties of the tree. Natural species form may not constitute poor structure. Pest/pathogen damage is not directly a structural issue, however, may contribute to structural issues/faults. In assessing structure, observations are made of the following: 

• Branch attachment and union formation 
• Damage to trunk/roots/unions/branches 
• Trunk/scaffold/tertiary branch taper 

In many instances correct application of arboricultural management practices can reduce likelihood of failure to an acceptable level and extend a tree’s ability to provide a value to the community. 

Amenity Value 

The visual contribution the tree makes to the neighbourhood character.

Useful Life Expectancy 

The period of time that the tree is expected to maintain a positive contribution to the neighbourhood character.

Habitat Value

The value of the tree when considering whether it contributes to or has the potential to contribute to habitat for local fauna, including but not limited to birds, mammals and invertebrates. This includes food sources and perching opportunities that the tree may possess.

Retention Value 

The value of the tree when considering the tree as a whole. The health, structure, amenity value, habitat value, and life expectancy are considered when determining this factor. The tree’s location on the subject site or a development proposal is not a consideration for determining retention value.