Clause 52.37 - Canopy Trees

Most residential areas within Whitehorse have some level of tree protection due to Clause 52.37. This affects both trees on private land and Council owned trees. It is intended to protect and enhance canopy tree cover to support greener and cooler residential areas and to maximise the retention of existing canopy tree cover where no development is proposed. 

Diagram showing the front and back boundary for 52.37

Under Clause 52.37 a permit is required to remove, lop or destroy a tree that is either within 4.5m of the rear boundary or 6m of the front boundary (see illustration above) and has ALL of the following;

  • a height of more than 5 metres above ground level; and 
  • a trunk circumference of more than 0.5 metres, measured at 1.4 metres above ground level; and
  • a canopy diameter of at least 4 metres;

A tree of the dimensions specified above is exempt from requiring a permit if;

  • it is dead; or
  • emergency works are required to the satisfaction of the Responsible Authority (Whitehorse City Council); or
  • iif it is listed in the Victorian Noxious Weed List.