We love trees and we’re committed to retaining and protecting them, especially large canopy trees that take years to mature.
Most trees in Kingston are protected under the Planning Scheme or Community Local Law. If you would like to remove or prune a tree beyond the Australian National Pruning Standards, you will need to apply for a permit.
In line with the State Government’s Biodiversity Strategy, we're aiming for no further net loss in tree canopy cover in our beautiful city.
New planning tree protection controls now in effect
As of 15 September 2025, the Victorian Government has introduced state-wide tree protection controls under Clause 52.37 of the Victorian Planning Scheme. These new controls regulate the removal of trees on residential land and set minimum canopy requirements for many planning applications.
Due to these changes, your request to remove or prune a tree may now need to be assessed under the Victorian Planning Scheme rather than under Kingston’s Community Local Law or both in some instances.
Key changes include:
- A planning permit may now be required to remove, destroy, or lop canopy trees (in Residential and Mixed Use Zones only).
- The planning permit process replaces the previous Local Law permit process for these types of trees.
- The local law continues to operate for any matters that are beyond the scope of the new Clause 52.37.
Visit the Department of Transport and Planning website to learn more.
Before lodging an application, we recommend booking a virtual meeting with a Vegetation Officer to discuss what permit you might need.
To better evaluate your request, we will need certain information from you, such as the tree location, height or circumference. View our Frequently Asked Questions for guidance on measuring a tree.
Book a virtual meeting
When do I need a permit?
In most cases, you will need either a planning permit or a Local Law permit to remove, prune or undertake works to a tree. View our Frequently Asked Questions for information on permit exemptions.
Local Law permit
Trees that meet one or more of those criteria will require a Local Law permit:
- have a base circumference greater than 110cm
- are multi-stemmed trees
- were planted as part of a permit condition.
Planning permit
Tree must meet height, canopy, trunk size, and location criteria.
- at least 5 metres tall measured from ground level
- a canopy spread of at least 4 metres
- a trunk circumference greater than 0.50 metres measured at 1.4metres above ground level
- is either located:
- within 6 metres from your front boundary (or narrowest street frontage if on a corner block) or within 4.5 metres of your rear boundary or
- anywhere on a vacant lot.
A tree that is protected under the Planning Scheme does not require an additional Local Law permit.
Apply for a permit
Once you've spoken with one of our Vegetation Officers and/or have gathered all the information and documentation you need for the relevant permit, you're ready to apply.
Local Law permit
How to apply
If you have questions, book a virtual meeting to chat with one of our Vegetation Officers before applying.
Book a virtual meeting
When lodging, please have relevant information ready to support your reasons as applications cannot be saved. Reasons include the following:
- property damage – a photo of the damage and/or a report from a qualified person (engineer, plumber, builder) providing details/evidence to support the claim
- health and safety – a report prepared by a qualified Arborist including an internationally recognised tree risk assessment
- development/construction – copy of building permit or any other relevant documentation
- other – medical certificate issued by a specialist providing details/evidence to support the claim.
Approval
If your permit is approved, you will need to engage your own services to prune or remove the tree(s). If a third party (such as a neighbour) is the permit applicant, both the owner and the third party will be liable for the conditions of any tree removal permit.
A condition of the tree removal permit will require planting a replacement tree anywhere on your property, unless determined by the assessing officer, and you will be required to email a photo of the planted tree to Council.
Refusal
If your permit is refused, you can appeal the decision. For a Local Law permit, you can submit your appeal online. An independent arborist will be engaged to assess the tree, and their recommendation will be final.
Planning permit
How to apply
If you have questions, book a virtual meeting to chat with one of our Vegetation Officers before applying.
Book a virtual meeting
When lodging, please have relevant information ready to support your reasons as applications cannot be saved. Reasons include the following:
- property damage – a photo of the damage and/or a report from a qualified person (engineer, plumber, builder) providing details/evidence to support the claim
- health and safety – a report prepared by a qualified arborist including an internationally recognised tree risk assessment
- development/construction – copy of building permit or any other relevant documentation
- other – medical certificate issued by a specialist providing details/evidence to support the claim.
Please also have the Certificate of Title for the property where the tree is located (no older than 90 days).
Once you have all your information prepared and have confirmed the permit you need, you're ready to apply.
Fee: $226.90
Apply for a planning permit
If your permit is approved, you will need to engage your own services to prune or remove the tree(s). If a third party (such as a neighbour) is the permit applicant, both the owner and the third party will be liable for the conditions of any tree removal permit.
A condition of the tree removal permit will require planting a replacement tree anywhere on your property, unless determined by the assessing officer, and you will be required to email a photo of the planted tree to Council.
Refusal
If your permit is refused, you can appeal the decision. For a planning permit, you may apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of a decision of Council to refuse to grant the permit.
Consent form
If you are not the owner of the property, consent is required before we can assess your application. Download the owner's consent form(PDF, 284KB).
Replacement planting
To assist in protecting/enhancing Kingston’s urban forest, most permits allowing the removal of a protected tree will include conditions to plant replacement trees. Photographic evidence of the replacement tree(s) must be provided to Council within 30 days of planting. To lodge evidence of the replacement planting, please use the link below.
Note that a tree planted as required by a replanting condition of a permit issued for the removal of a protected tree is also considered protected regardless of the size.
Submit photo(s) of replacement planting
Is my tree protected?
Trees may be protected under the Planning Scheme or Community Local Law. Criteria differ for each.
Local Law
Trees that meet one or more of those criteria will require a Local Law permit:
- have a base circumference greater than 110cm
- are multi-stemmed trees
- were planted as part of a permit condition.
Planning Scheme
Tree must meet height, canopy, trunk size, and location criteria.
- at least 5 metres tall measured from ground level
- a canopy spread of at least 4 metres
- a trunk circumference greater than 0.50 metres measured at 1.4metres above ground level
- is either located:
- within 6 metres from your front boundary (or narrowest street frontage if on a corner block) or within 4.5 metres of your rear boundary or
- anywhere on a vacant lot.
A tree that is protected under the Planning Scheme does not require a Local Law permit.
Can I ever prune or remove a tree without a permit?
Local Law only exempts trees under 110cm in circumference and any trees considered to be a Noxious Weed as described by the Catchment and Land Protection Act 1994.
For more details on planning permit exemptions, view the Department of Transport and Planning's website.
Not sure? Chat with us.
If you're unsure if your tree is under 110cm in circumference or is considered a Noxious Weed, please book a virtual meeting with a Vegetation Officer to discuss your situation.
Book a virtual meeting
What could be reasonable justifications to approve a permit?
- significant damage to infrastructure caused by the tree and there are no other alternatives other than the removal of the tree to remediate the damage
- unsuitable risk to health and safety, as determined by the assessing officer
- proposed development of the land where the site is constrained, and there are no other alternatives than the removal of the tree
- medical reasons as supported by a suitability qualified medical practitioner
- overall, whether it is appropriate for a tree to be removed from the land will be determined on the merits of the proposal based on the information provided in the application.
What are not reasonable justifications for approving a permit?
- leaf litter and small tree material
- gutter maintenance and cleaning
What documentation should I include in my application?
Evidence of property damage, arborist report, plumbers' assessment, safety risks, development plans, or medical reasons.
How can I check if my property has a planning permit?
If your property has been developed under a planning permit, there may be requirements for vegetation protection under that permit. Planning permits contain permit conditions that are binding and must be followed. Planning permits continue to have effect even when the development has been completed.
What are the next steps after I submit my application?
Your application will be assessed by one of our field officers. This will include an onsite visit. You will be notified via email of the scheduled inspection date. Once your request has been assessed, you will be notified of the outcome via email. In some cases, Council will require more information or evidence to make a decision, and you will be requested to provide this before the decision can be issued.
Approval
If your permit is approved, you will have to engage your own services to prune or remove the tree. Council does not provide a tree removal service for trees located on private properties.
If a third party is the permit applicant, both the owner and the third party will be liable for conditions on any tree permit.
A condition of the tree removal permit requires planting a replacement tree anywhere on your property, unless determined by the assessing officer. Your tree removal permit will guide you on the expected size the tree should reach at maturity and species selection.
You will be required to send a photo of the planted tree to Council to satisfy the conditions of your permit.
If you need help to find a suitable replacement tree, you can contact our Vegetation Management team.
Refusal
If your application is refused, you cannot prune or remove the tree.
You can appeal a refusal.
For a Local Law permit, you can submit your appeal online. An independent arborist will be engaged to assess the tree, and their recommendation will be final.
For a planning permit through Vicsmart, an applicant may apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of the decision.
Bookings are for 10 minutes and can be made Monday to Friday 9am to 4.30pm.
Book an appointment
A Planning Permit may be required to remove any vegetation on land greater than 4,000m2. Speak to our Vegetation Management Officer or visit the Department of Energy, Environment and Climate Action (DEECA) for more details on native vegetation removal.
If you have trees on your property that may be affected by a proposed development, you may be required to submit an aboricultural report with your Planning Application. Download the aboricultural reporting guidelines(PDF, 127KB).
Planning a development?
For large development proposals, you must submit a landscape plan as part of the planning application. Read our fact sheet preparing a landscape plan(PDF, 5MB) for further information.
Download our Indigenous and native plants guide(PDF, 23KB) or view our list of Indigenous plants local to the Kingston area to assist the preparation of your development application.
Any potential development of land of two or more dwellings may be impacted by existing trees on the land. If you would like information on trees that may affect any future development, you can apply for a tree inspection report on private property. We will visit the site and provide a report detailing advice for specific trees and information on how trees may be managed prior to any planning application being lodged. Please note that the standard turnaround time for a response is ten (10) business days.
Apply for a tree inspection report
Please note that Council does not maintain trees on private property.
Trees overhanging from one private property into another
Trees and vegetation growing from one private property into another is a civil matter and Council doesn’t get involved.
Residents are encouraged to resolve these matters themselves or by contacting the Dispute Settlement Centre.
Trees growing from a private property onto Council-managed land
We can investigate concerns about trees and vegetation growing from a private property onto the footpath, road or Council land.
Report a tree concern
Storm-damaged trees on private property
Council is unable to take action on trees located within private property. If a tree or branches have fallen during a storm, please call the SES on 132 500 for assistance.