Arboriculture Victoria

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Tree Protection Measures by Local Councils


Introduction

Trees are an essential part of our urban and rural landscapes, providing numerous environmental, social, and economic benefits. Local councils play a critical role in protecting these natural assets through various measures. This article explores the different tree protection measures local councils have in place, why these measures are enforced, and the circumstances under which it may be necessary to engage a consulting arborist.

Tree Protection Ordinances and By-Laws

Local councils often implement ordinances or by-laws aimed at safeguarding trees. Tree Preservation Orders (TPOs) are legal orders made by councils to protect specific trees or areas of native vegetation, preventing their removal, cutting, or damage without council consent. Violating a TPO can lead to significant fines and legal action. Another common measure is the establishment of Significant Tree Registers, which list trees considered important due to their size, age, species, cultural significance, or ecological value. These registers ensure that significant trees are preserved and maintained, with councils imposing restrictions on activities that could harm them. Heritage Overlays, which are planning controls to protect areas or properties with historical, architectural, or cultural significance, also play a vital role in tree conservation. Any works impacting these trees typically require council approval, often after consulting heritage advisors.

Development Controls

When it comes to development, local councils enforce several measures to protect trees. A planning permit, a legal document allowing a certain use or development of land, ensures that trees are considered in the planning process. Developers must submit a planning application, which the council assesses for potential impacts on existing trees. Conditions may be imposed to protect trees during and after construction.

Development Control Plans (DCPs) provide detailed planning and design criteria for specific areas, ensuring that new developments are compatible with the protection and enhancement of urban trees. Compliance with DCPs is mandatory for developers, and non-compliance can lead to penalties or rejection of the development application. Tree Management Plans (TMPs) outline the management of construction activities to minimise impacts on the environment. TMPs must include measures such as tree protection zones, fencing, and monitoring, and councils can halt work if these measures are not followed.

Environmental and Community Benefits

Local councils enforce tree protection measures to safeguard the myriad benefits trees provide. Environmentally, trees improve air quality, reduce urban heat islands, and provide habitat for wildlife. They play a critical role in managing stormwater runoff and preventing soil erosion. Socially, trees contribute to the aesthetic appeal of neighbourhoods, increasing property values, providing shade, reducing noise pollution, and offering recreational spaces, which enhance the quality of life. Access to green spaces has been linked to improved mental and physical health. Economically, trees can reduce energy costs by providing natural cooling and windbreaks. They attract tourism and business investments by beautifying urban areas.

Engaging a Consulting Arborist

There are several situations where it might be necessary to engage a consulting arborist. In development and construction projects, arborists can conduct tree assessments, prepare arboricultural reports, and recommend protection measures. They help determine which trees can be retained and which may need to be removed, balancing development needs with tree preservation. For tree health and risk management, arborists diagnose diseases, pests, and other health issues affecting trees and recommend appropriate treatments. They also assess the structural integrity of trees, identifying potential hazards to people and property.

When it comes to compliance with legal requirements, arborists are familiar with local tree protection laws and can help ensure compliance with TPOs, significant tree registers, and heritage overlays. They assist in preparing and submitting applications for tree works, providing the necessary documentation and expert opinions. Arborists also play a role in community and environmental advocacy, educating the community about the importance of tree conservation and proper tree care. They contribute to broader environmental planning efforts, helping to create sustainable urban forests. If it sounds like you need an AQFLevel 5 Arborist, Get in Touch!

Conclusion

Tree protection measures enforced by local councils are vital for maintaining the health, safety, and beauty of our environments. These measures, ranging from TPOs and significant tree registers to development controls, ensure that trees continue to provide their numerous benefits to current and future generations. Engaging a consulting arborist is often essential in navigating these regulations, ensuring tree health and safety, and fostering a culture of conservation within communities. By working together, councils, arborists, and citizens can protect and enhance our valuable tree resources.

We have a list of the following councils tree protection requirements, remember to always check the councils website or phone in to get the most up to date information, the rules are forever changing!

City Of Darebin
City Of Yarra
City Of Melbourne
City Of Port Phillip
Merri-bek City Council
Banyule City Council