Amendment C219 - Significant Landscape Overlay - Schedule 9

Amendment C219 to the Whitehorse Planning Scheme introduces updated tree controls to protect existing and establishing trees and the landscape character of the municipality.

Amendment C219 replaces tree protection controls that have been in place since February 2018 for land in the Significant Landscape Overlay Schedule 9 (SLO9). Council's decision on 16 March 2020 was to adopt Amendment C219 and to request approval of the controls from the Minister for Planning.

In June 2024 the Minister for Planning extended SLO9, until 23 December 2024.

The extension to the expiry of the SLO9 enables the control to be in effect while the Department of Transport and Planning develops consistent statewide tree protection provisions in response to Plan Melbourne Action 91: Cooling and greening Melbourne.

This includes consideration of the Victorian Government’s commitment to meet housing supply targets and support Victoria’s Housing Statement: The decade ahead 2024-2034.

To find out if SLO9 applies to your land visit the Tree Controls, Removal, Lopping and Pruning webpage. This page also outlines if a planning permit is required and how to apply.

Download the approved SLO9 ( PDF 197.66KB) with the complete set of planning controls.

What will the Amendment mean for me?

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

A planning permit is also required to construct a building or construct or carry out works within 4 metres of a tree protected under the SLO9 (including a front fence that is not constructed ‘like for like’).

The controls allow Council to consider whether a tree should be retained and the impact of tree removal on the tree canopy in the area. The updated overlay will also enable Council to take enforcement action should vegetation be removed without appropriate approval.

If you would like to know if a permit is required please see our Tree Controls, Removals, Lopping and Pruning page.

Which trees will not need a planning permit?

A planning permit is not required for:

A tree less than 5 metres in height and having 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. This exemption does not apply to a tree that is less than 3 metres from an existing outbuilding.
A tree that is located less than 3 metres from an in ground swimming pool when measured at ground level from the outside of the trunk.
A tree species that is listed as an Environmental Weed:
- Box Elder (Acer negundo)
- Cape Wattle (Paraserianthes lophantha)
- Cherry Plum (Prunus cerasifera)
- Cootamundra Wattle (Acacia baileyana)
- Cotoneaster (Cotoneaster spp.)
- Desert Ash (Fraxinus angustifolia)
- Hawthorn (Crategus monoyna)
- Mirror Bush (Coprosma repens)
- Privet (Ligustrum spp.)
- Radiata or Monterey Pine (Pinus radiata)
- Sallow Wattle (Acacia longifolia)
- Sweet Pittosporum (Pittosporum undulatum)
- Willow (Salix spp.)
The pruning of a tree for regeneration or ornamental shaping.
A tree which is dead or dying or has become dangerous to the satisfaction of Council. (See further information under 'What if my tree is dead, dying or dangerous?'
A tree outside the minimum street setback requirement in the Residential Growth Zone. Please see the Frequently asked Questions (FAQ's) ( PDF 260.58KB)for more information.
A tree on public land or in a 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, such as powerlines, 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 DELWP (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987).
- to maintain the safe and efficient function of the existing on road public transport network, such as bus stops and related infrastructure and 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.

There are also standard State-wide exemptions that apply under the SLO, such as the removal of vegetation for emergency works and fire protection. More information about the State-wide exemptions can be found here.

The exemptions listed above do not apply to a tree that needs to be retained due to:

another overlay affecting the land
it is part of an existing planning permit
it is part of an agreement under section 173 of the Planning and Environment Act 1987

Separate approval may be required to remove, destroy or lop these trees. You can check if this applies on our Tree Controls, Removal, Lopping and Pruning page.

If you are unsure, please contact Council’s Planning and Building Department on 9262 6303 for assistance.

Further questions may be answered in our FAQs ( PDF 260.58KB).

What if I need a permit?

If a permit is required, you may apply for the removal of one tree via the VicSmart Application Process, which aims to fast track minor applications within 10 business days.

For the removal of more than one tree a standard permit application is required.

For building and works within 4 metres of a tree please contact Planning and Building on 9262 6303 for the applicable process for you.

Please visit our Lodge & Apply page to lodge a VicSmart or standard planning application.

The fees for a planning permit can be found online at Planning Fees page.

Please contact Council’s Planning and Building Department on 9262 6303 if you have any queries about lodging an application.

What if I think my tree is dead, dying or dangerous?

For dead trees (no foliage year round; clearly dead) please send us a photo of the tree with your address and details via email to customer.service@whitehorse.vic.gov.au and wait for Council's response.

For dying trees you will need an arborist report and to lodge for confirmation if a Planning Permit is required on our Lodge and Apply page.

For dangerous trees that are an immediate hazard, please contact the Planning & Building Department on 9262 6303.

Will I be able to develop my land?

The overlay will not prohibit development. However, any development will need to comply with the overlay. This means that careful design and planning will be necessary to make sure that development either allows for the retention of trees that are protected by the SLO or provides justification for their removal and allows enough space to plant new trees.

The controls will allow Council to consider how a proposed development will impact the tree canopy in the area or whether a proposal for tree removal is appropriate.

Will this change the zoning or existing overlays on my land?

No, the zoning of your land won’t change. The Amendment deletes Schedule 2 and Schedule 4 to the Vegetation Protection Overlay (VPO) as these are large, area-based, controls that would be duplicated by the permanent SLO.

Landowners can identify the zoning and overlays that apply to their land at Whitehorse Maps.

Approved Amendment Documents

The full set of approved amendment documents and the official approval notice are available below.

What is a Significant Landscape Overlay?

The Significant Landscape Overlay, or SLO, identifies, protects and enhances the visual and/or aesthetic landscape qualities of particular areas within Whitehorse. There are a number of areas within Whitehorse that are covered by different SLOs. The planning controls and desired landscape outcomes of the SLO vary from area to area, therefore the planning controls for SLO9 differ from SLO1 to 8.

Further information about the various SLO areas is available in the zones and overlays area on the Whitehorse Planning Scheme page.

Why is Amendment C219 being introduced?

In 2016 Council undertook the Municipal Wide Tree Study to review, analyse and document the importance of tree canopy cover to the municipality. The Study identified that trees are significant to the landscape character of Whitehorse and recommended applying a Significant Landscape Overlay (SLO) to all remaining residential areas in the city that aren’t already covered by the SLO.

Amendment C191 applied Schedule 9 to the SLO (known as SLO9) in this manner on an interim basis.

When the Minister for Planning approved Amendment C191, he asked Council to undertake further work before seeking permission to apply SLO9 permanently.

Council finalised Part 2 of the Municipal Wide Tree Study in March 2019, which provides additional analysis about the application of the SLO in the Bush Suburban and Garden Suburban neighbourhood character precincts. The analysis reaffirmed that canopy trees influence and contribute to the strong neighbourhood character in Whitehorse.

Where does Amendment C219 apply?

The Amendment applies to all land in the municipality included in the Neighbourhood Residential Zone, General Residential Zone, Residential Growth Zone and Low Density Residential Zone that is not covered by SLO 1 to 8.

With approval of Amendment C219, tree protection controls now apply to all residential areas in the municipality.

Landowners can find out the zoning and overlays that apply to their land at Whitehorse Maps.

The controls do not change the zoning of any land.

What does the Amendment do?

The Amendment applies an updated SLO9 to all residential land in the municipality that is not currently included in a permanent SLO, including those areas covered by the Vegetation Protection Overlay (VPO) Schedule 1, 3 and 5.

This Amendment replaces the SLO9 that was applied in February 2018 by Amendment C191.

The Amendment deletes Schedule 2 and Schedule 4 to the Vegetation Protection Overlay (VPO) as these are large, area-based, controls that would be duplicated by the updated SLO.

Amendment Process

Amendment C219 was on public exhibition from 18 July until 19 August 2019. To view the documents that were exhibited visit the Department of Environment, Land, Water and Planning website.

Council considered all submissions about the Amendment at its meeting on 16 September 2019 and resolved to request the appointment of an Independent Planning Panel to consider the Amendment and all of the submissions. The full Council report and resolution is available on Council’s website.

The Independent Panel Hearing was held from Monday 2 December 2019 to Friday 6 December 2019.

Council received the panel’s report on 23 January 2020. A copy of the report ( PDF 1.62MB)has been sent to all parties who presented at the Panel Hearing.

A report about the Panel recommendations was presented to Council at the 16 March 2020 Council meeting.

For any enquiries about the Panel process please contact Council’s Strategic Planning Unit on 9262 6303.

What happens next?

The Department of Transport and Planning (DTP) has advised that the review of the environmental and landscape overlays (including the SLO9) is intended to establish a State-wide approach to the application of planning tools for tree protection.

Amendment C219 is now complete. If you have any questions about the Amendment or the updated SLO9 please contact Council’s Planning and Building Department on 9262 6303 or customer.service@whitehorse.vic.gov.au

Tree Controls, Removal, Lopping and Pruning

C219 Frequently asked Questions

Privacy Statement

Any personal information you may include in any submission to Council on the Amendment is collected for planning purposes in accordance with the Planning and Environment Act 1987. The public may view the submissions whilst the Amendment is being considered. In accordance with the “Improving Access to Planning Documents” Practice Note dated December 1999, a copy of your submission may be made available upon request. If you fail to provide this information your comments may not be considered. You may access this information by contacting Council on 9262 6303.

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Amendment C219 - Significant Landscape Overlay - Schedule 9