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Banyule City Council Tree Regulations

Before undertaking any major pruning works or removing a tree from your property, you must adhere to Banyule City Council’s rules for tree works.

You will need to comply with these rules for tree works if you are living in Bellfield, Briar Hill, Eaglemont, Eltham, Heidelberg, Heidelberg Heights, Heidelberg West, Ivanhoe, Ivanhoe East, Lower Plenty, Montmorency, Rosanna, St Helena, Viewbank, Watsonia, Watsonia North, and Yallambie. You may also be affected by these regulations if you live in Bundoora, Eltham North, Greensborough or Macleod as parts of these suburbs fall under Banyule City Council’s jurisdiction.

Common trees in Banyule City Council

The River Red Gum (Eucalyptus Camaldulensis) and Yellow Box (Eucalyptus Melliodora) are some of the most common trees planted in this area.

Heritage/Protected Trees

Banyule City Council do not have “Heritage Protected” trees, the trees that would fall under this category are protected on the Significant Tree Register.

CLICK HERE to complete the Banyule tree removal permit application form online.

 

Banyule City Council Tree Pruning And Removal Laws

A permit is required in the city of Banyule to either prune or remove a tree that:

  • Resides within the Banyule Vegetation Protection Overlay zone

  • Resides on a property with planning history that prohibits or restricts tree removal

  • Is listed on the Council’s Significant Tree Register

You must also note that if your tree falls into one of these categories the following also applies:

  • Any tree on a developmental site (a construction site for extensions and building works including installations of sheds and pools) will require a separately conducted arborist report.

  • On non-developmental sites, up to three trees constitutes a free on-site assessment conducted by a council arborist as part of the application process. However, more than three trees will require a separately conducted arborist report. Luckily, we can help you with this at Treeincarnation!

The council register of significant trees can be checked here, whilst replacement planting conditions vary from permit to permit, it is best to get in touch with us.

Residents may be exempt from requiring a permit for tree works under the following conditions:

  • Tree is an immediate threat or risk of personal injury and/or property (an emergency)

  • Tree/s are listed on the Department of Primary Industries noxious weed list (this list can be found here)

  • Work is completed by a qualified Arborist (Cert. 3 or higher) that is competent to undertake the task to the Australian Standards (AS 4373-2007) Pruning of Amenity Trees. The Arborist must take before and after photos to certify their work – applies to pruning only.

Violation of council regulations on tree pruning and removing can result in possible penalties such as fines, enforcement at VCAT, or prosecution through the Magistrates’ Court.

Neighbouring trees

Occasionally tree pruning or removal is required for trees that aren’t on your property. When a tree overhangs your property line, but is not your tree, you are still required to conform to Banyule City Council law. Once you have a permit from the council or if the tree is below council regulation size, the tree is covered under Victoria property law.

This law means that you are within your rights to prune or cut anything that overhangs your boundary line, as long as you do not cause irreversible damage to the tree. You do not need your neighbour’s permission to do this, however, we recommend that you engage them along the way, in true neighbourly spirit. For more detailed information regarding tree pruning and removal on neighbouring trees click here.

Need Help?

Permit applications and dealing with council can be a confusing and time consuming task. If you have any queries related to the paperwork itself or need a hand with the application or if you would prefer that we handle the whole permit process on your behalf, we would be happy to do so. We have years of experience dealing with Banyule City Council and their arborist department, simply fill in your details on our contact page and we’ll do the rest.