Latest update – December 2025

Thank you to everyone who shared their feedback during community consultation.

On Thursday 18 December, a report was presented to councillors for their consideration at a public Urban Planning Delegated Committee meeting. This report contained findings and feedback from the community about draft planning overlays that could be added to the Boroondara Planning Scheme to better protect trees on private land.

The report also included a recommendation from Council officers to request authorisation from the Minister for Planning to prepare, exhibit and introduce the proposed new overlays.


Councillors voted to adopt

The report and recommendation from Council officers was adopted by councillors at the meeting.

Read the report and watch the meeting >



The Boroondara community places a high value on the trees that populate our city. We’re reminded of this in the very name “Boroondara”, meaning “where the ground is thickly shaded”.

In recent years, community concern has been growing about the damage to, or loss of, established trees caused by building works on private land, specifically:

  • Significant trees

    These are outstanding trees identified as 'significant' because of their impressive size, age, rarity, ecological value or cultural and historical significance. They’re included on Boroondara’s Significant Tree Register and are currently protected under our Tree Protection Local Law.

  • Canopy trees

    These trees are currently protected under our Tree Protection Local Law when they meet certain size thresholds. If we change these thresholds, we expand the definition of ‘canopy trees’ and protect more trees.


While our Tree Protection Local Law already protects significant trees and canopy trees, Council is seeking community feedback about improving ways to prevent their damage or removal.


Consulting you about improving ways to protect trees

Every Victorian Council has a planning scheme that controls how land can be used and built on. Councils can apply to the Minster for Planning to add overlays to specific areas to provide greater control of specific issues such as environment or heritage.

We are proposing to use 2 planning overlays to further protect trees in Boroondara:

  1. the Environmental Significance Overlay (ESO) (PDF 127 KB) to protect significant trees from removal, pruning or impacts from building works and
  2. the Significant Landscape Overlay (SLO) (PDF 142 KB) to protect canopy trees from removal or impacts from building works.


Introduction of the new overlays would provide:

  • earlier consideration of the impacts on existing trees in the development process before design decisions are made
  • protection of trees by making planning approval a requirement for works to be undertaken to – or close to – relevant trees
  • greater transparency that tree controls exist because overlays are included on planning certificates in Section 32 documentation for homeowners and prospective home buyers
  • a clear, independent process for appeals to VCAT in the event of Council not granting planning approval.

What we asked for

We invited feedback from the Boroondara community on:

  1. the level of support for Council to apply to the Planning Minister to implement the 2 new overlays
  2. and
  3. the threshold measurements that Council would use to classify trees and the threshold measurement around trees to protect their roots.

The feedback we gather will help Council decide:

  • whether or not to apply to the Planning Minister to add these overlays
  • which trees would be covered by the controls.


Community consultation outcome (July to September 2025)

Overall, feedback from the community was broadly supportive of the proposed new overlays.

Who we heard from

  • 302 responses were received through the online survey.
  • 107 responses were received to a quick-poll question.
  • 26 written submissions were received via other methods such as email.

What the community told us

  • 78% of respondents support Council exploring ways to protect trees through the planning scheme.
  • 79% supported introducing an overlay to protect significant trees.
  • 77% supported introducing an overlay to protect canopy trees.
  • 41% of respondents supported the proposed canopy tree definition criteria.
  • 35% felt the canopy criteria should be more restrictive and 23% that they should be less restrictive.

Additional feedback from community members included some concerns about:

  • specific trees – and tree maintenance – on or adjacent to the respondent’s property.
  • potential damage caused by trees to properties and potential impact to property values.
  • the proposed controls deterring people from planting new trees.
  • how the proposed controls will interact with other planning controls and the existing tree local law.
  • how the Environmental Significance Overlay is applicable to only a very small area of a property.

Some general objections to the proposed new planning overlays were also expressed by community members.



New government tree planning controls

During Council's consultation period, the Victorian Government introduced new state-wide, tree planning controls into the Boroondara Planning Scheme.

You can access this new planning control on the Victorian Government's website: Boroondara Planning Scheme (52.37 – Canopy Trees)

Council officers welcomed the new provision, however it provides less protection than the existing local law or the proposed new overlays. Council resolved to still seek authorisation for the proposed new overlays.

Next steps

Council will apply to the Minister for Planning for authorisation to prepare and exhibit the proposed new overlays.

To stay informed about these developments via email over the coming months, please select the +Follow button:


How we asked for your feedback

Consultation closed on Thursday 25 September 2025.



Quick poll

The quick poll has now closed.

Thank you to everyone who participated. The poll was available for those who did not have time to complete the survey.


Which statement best describes your views?

This poll has concluded.

Total Votes: 107

Speaking with us

Visit us by coming to the Council’s Customer Service counter and ask for directions to the Planning counter on Level 1. You can use either the lift or the stairs to access Level 1.

Where: 8 Inglesby Road, Camberwell – see Google Maps for our location
When: 9 am to 5 pm on Tuesdays or Thursdays – until 25 September 2025




Glossary of terms

There are several terms on this consultation page that are technical in nature. To help explain what these terms mean, we have created a quick glossary of terms below:

Canopy tree
A canopy tree is an established tree that contributes to the city’s biodiversity, shade, privacy and neighbourhood character and which also meets specific measurement thresholds*. While they’re not listed on the Significant Tree Register, canopy trees still play an important part in Boroondara’s leafy character and are protected under the Tree Protection Local Law.

* We’re seeking your feedback on these thresholds in the consultation survey questions above.

Canopy tree measurement
We will need a set of criteria to determine if a tree is a canopy tree. This is usually based on trunk size and tree height. We are proposing a tree will be considered a canopy tree if it meets one of 4 criteria:

  1. a minimum 1.1 metres around the tree trunk (a circumference roughly the size of a standard car’s steering wheel) measured at a point 1.4 metres above ground level, or
  2. if multi-stemmed, a total circumference of all its trunks of at least 1.1 metres measured at a point 1.4 metres along the trunks’ lengths from the closest point above ground level, or
  3. a minimum trunk circumference of 1.5 metres measured at ground level, or
  4. a minimum height of 5 metres and a trunk circumference of 0.5 metres or at least 1.4 metres above ground level.

A – Trunk circumference of 1.1 metres (roughly the size of a small car's steering wheel) B – Vertical height


Damage

Means to interfere with or impair the tree’s health, structure or stability.

Demolition permits
About 30 years ago, authority to grant permits for demolition works (and development of single dwellings) on private land was transferred from local Councils to private building surveyors. Applications to demolish are outside the scope of Council’s authority and therefore can’t be included in this community consultation.

Overlay
In Victoria, a planning overlay is a control in a Council's planning scheme to help manage specific aspects of development. An overlay can address specific issues like heritage and environmental concerns.

Planning scheme
In Victoria, every Council has a planning scheme to determine how private and public land can be used and built on. It shows zoning and overlays. The Boroondara Planning Scheme is a legal document prepared by Council and approved by the Minister for Planning.

ResCode
Is short for ‘Residential Development Standards’ and set the requirements that a developer must follow for the siting and design of residential buildings across Victoria. ResCode forms part of the Boroondara Planning Scheme.

Significant tree
A tree identified by Council for its size, age, species, or contribution to neighbourhood character and which is listed on Council’s Significant Tree Register and currently protected under our Tree Protection Local Law.

Significant Tree Register
This is a database of all Significant trees listed in Boroondara. You can find the register – and more information about the location and type of significant trees on our website.

Structural Root Zone
This is a circular area below a canopy tree that extends 2 metres from the tree’s base in all directions.

Tree Protection Local Law
The Tree Protection Local Law governs tree removal applications. There are two classes of tree covered by the Local Law: Significant Trees and Canopy Trees.

Works
“Works” includes demolition, building, trenching, digging, compaction, excavation, fill or storage of materials and equipment, carried out mechanically or manually.