Updated October 2026 – this guide now reflects Amendment VC315. Trunk circumference no longer counts – a canopy tree is now defined by height and canopy width only.
What Is Clause 52.37?
Victoria has introduced a statewide planning law – Clause 52.37 – Canopy Trees – to help protect mature trees across residential areas. This clause came into effect on 15 September 2025 and was updated by Amendment VC315 on 23 September 2026. It applies to most residential zones (except the Low Density Residential Zone).
That includes the General Residential, Neighbourhood Residential, Residential Growth, Mixed Use, Township, and Housing Choice and Transport zones.
The aim is simple: ✅ Keep more trees standing ✅ Protect our green canopy ✅ Ensure new developments replant trees for the future
If you own property or plan to build, this law affects what you can and can't do with trees on your land.
What Changed in September 2026 (VC315)?
Amendment VC315 rewrote parts of Clause 52.37. The key changes:
❌ Trunk circumference has been removed from the canopy tree definition
✅ A canopy tree is now defined by height and canopy width only
Canopy cover is now a percentage of the site (10%, 15% or 20%), not a tree count
Deep soil for new trees now scales with the tree's mature canopy size
New exemptions for noxious weeds, environmental weeds and precinct structure plan land
💡 Important: If your planning application was lodged before 23 September 2026, it's still assessed under the old rules(including the trunk test). Applications lodged on or after that date use the new rules.
What Counts as a Canopy Tree?
Under Clause 52.37, a canopy tree is now defined by two measurements. A tree is protected if it meets both:
Height: At least 5 metres above ground
Canopy spread: An average canopy diameter of at least 4 metres
Trunk circumference no longer matters. Under the original clause, a tree also needed a trunk of 50 cm or more (measured 1.4 m above ground). That test is gone – so tall, slender trees and multi-stemmed trees that used to fall outside the clause may now be protected.
How canopy spread is measured: measure the canopy edge to edge (drip line to drip line) twice, at right angles, then take the average.
💬 Example: A tree is 6 m tall. Its canopy is 5 m wide one way and 3.4 m the other. Average = 4.2 m. It's a canopy tree – no matter how thin its trunk is.
If your tree fits these, it's a canopy tree and may be protected even if it's on private land.
When Do You Need a Permit?
You'll likely need a planning permit to remove, lop or destroy a canopy tree if it is:
On vacant land
Within a certain distance from your front or rear boundary (a boundary canopy tree)
Affected by a new home or extension design
Let's unpack what each means below 👇
Canopy Trees on Vacant Lots
If your block of land has no existing dwelling, the rules are stricter. Any canopy tree that meets the size thresholds is automatically protected.
You'll need a planning permit to remove, lop or destroy the tree.
You'll usually be required to replant new canopy trees as part of your future development.
Your design must allow space for 10–20% canopy cover depending on the lot size.
💡 Tip: With the trunk test gone, more trees on vacant lots now qualify. Even if you're planning to build soon, you must apply for a tree removal permit first – it's separate from your building permit.
Boundary Trees (Existing Dwellings)
If you already have a dwelling on your property, most canopy trees don't need a permit under Clause 52.37. The exception is boundary canopy trees – these are given extra protection because they shape the neighbourhood's leafy character.
You'll need a permit if any part of your canopy tree's trunk is:
Within 6 metres of the front boundary (the narrowest street frontage), or
Within 4.5 metres of the rear boundary
You can't remove or lop a boundary tree without permission – even with an existing house. Even pruning for construction or extensions must comply with tree protection standards.
💬 Example: If a mature gum sits 4 m from your back fence and you're adding a rear deck, it's a boundary canopy tree. Council will likely ask for an arborist report showing how the deck design avoids root damage.
💡 Tip: Measure from the trunk, not the canopy edge.
Canopy Trees Where a Single Dwelling Is Proposed
If you plan to build a new single dwelling (or townhouses) on your land, Clause 52.37 still applies. Trees are usually assessed as part of your planning application rather than through a separate Clause 52.37 permit – but don't remove the tree until the permit is issued. Boundary canopy trees still need their own Clause 52.37 approval.
You must retain canopy trees where possible, or replace them if removal is necessary.
During the permit process:
The council will assess how your design impacts existing trees.
You'll need to show your design minimises tree loss.
A replacement planting plan will be required to restore canopy cover.
💡 For designers: Under the residential codes, a retained tree only counts toward your canopy target if its trunk is at least 4 metres from existing and proposed buildings. Plan tree retention at concept stage.
💡 Important: If you're removing a tree because of its health or stability, your application must include an assessment by a suitably qualified arborist. A Level 5 Arborist Report is the best way to meet this.
Replanting & Canopy Cover Requirements
To maintain canopy cover across suburbs, Clause 52.37 sets minimum canopy cover targets. Since VC315, these are a percentage of site area:
Lot sizeMinimum canopy coverUp to 1,000 m²10% of site areaOver 1,000 m² up to 1,500 m²15% of site areaOver 1,500 m²20% of site area
If your site already has more than 20% cover, you must keep 20% plus half of the extra (e.g. a 2,000 m² block with 30% cover must keep 25%).
What counts toward canopy cover:
✅ The whole canopy of a retained tree – including any part over a neighbour's yard
✅ A new tree's canopy inside your site (plus any over a road or park)
❌ A neighbour's tree overhanging your fence
❌ Overlapping canopy counted twice
At least one canopy tree must be in the front setback (unless one retained tree elsewhere meets the whole target).
Replacement canopy trees must reach at least 6 m tall and have a 4 m wide canopy at maturity. The deep soil area they need now grows with their mature size – from 12 m² for a smaller tree up to 144 m² for a large one. Your arborist can recommend suitable species that meet these standards and fit your site.
How Councils Assess Tree Removal
When you apply for a permit, councils can only consider a set list of factors:
The health and stability of the tree
Whether it causes or risks damage to a building or infrastructure
The number, size and location of trees being retained
Whether your design could retain and protect the tree
Any canopy trees removed from the site in the last 12 months
Whether your proposal includes suitable replacement canopy planting
If removal is approved, you'll be required to plant replacement canopy trees on site to make up for canopy loss.
Exemptions – When a Permit Isn't Needed
You generally don't need a permit if:
The tree is dead
Emergency works are needed (only the part posing an immediate risk)
You're doing minor pruning – up to one-third of the foliage, without cutting the trunk or reducing the tree below 5 m tall or 4 m wide
The tree is a declared noxious weed or council-listed environmental weed
The land is covered by an approved precinct structure plan
The tree doesn't meet the canopy tree size thresholds
However, always keep dated photo evidence and, ideally, a short arborist statement confirming the reason for removal – especially for safety concerns.
How Clause 52.37 Interacts with Local Laws
Clause 52.37 doesn't replace your local council's existing Tree Protection Local Laws – it sits alongside them. Planning overlays (like a Vegetation Protection Overlay or Significant Landscape Overlay) also still apply.
That means:
If your council's law protects trees by trunk size, species or other criteria not covered by Clause 52.37, those rules may still apply.
You may need more than one permit for the same tree.
Example: A 4 m tall tree with a 40 cm trunk falls outside Clause 52.37 (too short). But if your council's local law protects trees over a set trunk size, you may still need a local law permit.
What This Means for Homeowners and Builders
Homeowners
Always check before removing any large tree – thin-trunked trees may now be protected.
Use VicPlan to confirm your property zone.
Get advice from a qualified arborist before applying for removal.
Keep all reports and photos for your records.
Developers & Designers
Check your lodgement date – it decides whether the old or new rules apply.
Plan tree retention early – it affects building footprints and deep soil areas.
Design around Tree Protection Zones (TPZs) to avoid costly redesigns.
Engage a Project Arborist to oversee construction near trees.
Vacant or Redevelopment Sites
Trees on vacant lots are often fully protected until a permit is approved.
You must include replacement planting in your planning application.
Our Professional Advice
Clause 52.37 makes protecting trees a core part of the planning process, not an afterthought – and VC315 has widened its reach.
To stay compliant and avoid delays:
Measure your trees (height and canopy spread in two directions).
Check your zone using VicPlan.
Get an arborist report if removal or pruning is needed.
Plan for replanting – councils expect canopy cover to be maintained.
Clause 52.37 FAQs
Does trunk size still matter under Clause 52.37? No. Since VC315 (23 September 2026), a canopy tree is defined by height (at least 5 m) and average canopy diameter (at least 4 m) only.
Do I need a permit to remove a tree in my backyard? If you have an existing house, usually not under Clause 52.37 – unless the trunk is within 4.5 m of the rear boundary or 6 m of the front boundary. Check your council's local law too.
Which version of Clause 52.37 applies to my application? The version in force when you lodged. Applications lodged before 23 September 2026 use the old rules.
Do I need an arborist report to remove a canopy tree? If removal is based on the tree's health or stability, yes – an assessment by a suitably qualified arborist is required.
Need Help Understanding Clause 52.37?
At Arboriculture Victoria, we help homeowners, builders and councils navigate the new canopy tree laws across Melbourne.
We provide:
Council Permit Applications & Advice
Replacement Planting Recommendations
👉 Book a site inspection or get expert advice today: 0437475763. arboriculturevictoria@gmail.com
